No license shall be issued unless the applicant files with the commissioner a bond with corporate surety payable to the State of West Virginia conditioned upon the faithful observance of all the provisions of this article, the payment to any municipality or the state of all taxes due and owing or which may become due and the indemnifying of any purchaser at such sale who suffers any loss by reason of misrepresentation made in connection with such sale: Provided, That the aggregate liability of the surety for all breaches of the conditions of the bond shall in no event exceed the amount of said bond. The amount of said bond shall be determined as follows: Five percent of the first $100,000 of the retail value of all the goods, wares and merchandise to be offered at such sale, two percent of the next $400,000 and one percent of the balance. Said bond shall be approved as to form and sufficiency by the prosecuting attorney or his assistant of the county in which such sale is to be conducted.
Structure West Virginia Code
Chapter 47. Regulation of Trade
Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales
§47-11B-1. Legislative Findings
§47-11B-3. License Required; Exceptions
§47-11B-4. License Application Requirements
§47-11B-5. Investigation of Application; Grounds for Denial
§47-11B-6. Duration of Sale; License Fee
§47-11B-7. Revocation of License; Grounds
§47-11B-8. Notice of Denial, Refusal or Revocation of License; Judicial Review Thereof
§47-11B-10. Branch Stores and Warehouses
§47-11B-13. Opening of a Similar Business Within One Year of Sale Prohibited