Section 646A.102 - Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities(1) Except as provided in subsection (3) of this section, a person may not sell, offer for sale or advertise for sale merchandise at a going out of business sale unless the person displays a notice of intent at the business location where the person intends to conduct the going out of business sale.(2) A person must display the notice of intent in a prominent place on the premises of the business location where the person is conducting the going out of business sale.(3) If a person is conducting a going out of business sale as part of a bankruptcy, receivership or other court-ordered action, the person, in lieu of displaying a notice of intent, shall display the court order or judgment that ordered the sale in a prominent place on the premises of the business location where the person is conducting the going out of business sale.
(4) A person may not: (a) Conduct a going out of business sale for more than 90 days from the beginning date of the sale that is listed on the notice of intent.(b) Continue to conduct a going out of business sale beyond the ending date that is listed on the notice of intent.(5) A person who has conducted a going out of business sale may not conduct another going out of business sale for a period of one year after the ending date of the sale that is listed on the notice of intent.Amended by 2015 Ch. 277, § 2, eff. 6/8/2015, op. 1/1/2016.