West Virginia Code 47-11B-3 – License required; exceptions
It shall be unlawful for any person in this state to advertise or conduct any sale of any goods, wares or merchandise which is a "closing-out sale,""a sale of goods damaged by fire, smoke or water," or a "defunct business sale" unless a license is first obtained to conduct such a sale from the commissioner as provided in this article.
Terms Used In West Virginia Code 47-11B-3
- Commissioner: shall mean the state commissioner of labor. See West Virginia Code 47-11B-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall mean any individual, partnership, association, firm or corporation or the plural thereof. See West Virginia Code 47-11B-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
This article shall, however, not be construed to apply to or affect the following persons:
(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.
(2) Persons who are required to file an accounting with a court of competent jurisdiction.
(3) Persons acting in accordance with their powers and duties as public officers such as sheriffs, constables and marshals.
(4) Any publisher or employee of a newspaper, magazine or any operator or employee of a radio or television broadcasting station who publishes or broadcasts any such advertisement in good faith without knowledge of its false, deceptive and misleading character or without knowledge that the provisions of this article are not being complied with.
(5) Persons conducting sales by and on behalf of licensed insurers.