4-2-402: DEFINITION:
   A.   "Closing out sale" shall mean any of the following:
      1.   Any sale, or any offer to sell, to the public, or any group thereof, goods, wares, or merchandise on order, in transit, or in stock in connection with a declared purpose as set forth by advertising that such sale is anticipatory of or to avoid the termination, liquidation, revision, wind up, discontinuance, removal, dissolution, or abandonment of the business or that portion of the business conducted at any location;
      2.   Any sale advertised in any manner calculated to convey to the public the belief that upon the disposal of the goods to be placed on sale, the business, or that portion thereof, being conducted at any location will cease, be removed, interrupted, discontinued, or changed;
      3.   Any sale advertised to be:
   Adjuster's sale,
      Administrator's sale,
      Assignee's sale,
      Bankrupt sale,
      Benefit administrator's sale,
      Benefit of creditor's sale,
      Benefit of trustees' sale,
      Building coming down sale,
      Closing out sale,
      Creditor's committee sale,
      Creditor's sale,
      Damaged goods sale,
      End sale,
      Executors's sale,
      Final days sale,
      Fire sale,
      Fixtures for sale,
      Forced out of business sale,
      Forced out sale,
      Insolvent sale,
      Insurance salvage sale,
      Loss of lease sale,
      Mortgage sale,
      Outselling sale,
      Quitting business sale,
      Receiver's sale,
      Reorganization sale,
      Salvage sale,
      Selling out sale,
      Smoke and water sale,
      Smoke sale,
      Trustee's sale,
      We give up sale,
      We quit sale,
      Wholesale closing out sale,
or any other sale advertised by any similar expression or characterization which is calculated to convey the same meaning;
      4.   Any sale advertised in a manner calculated to indicate that the goods, wares, or merchandise to be sold, or any part thereof, has been involved in any business failure or has been derived from a business which has failed, discontinued, or liquidated, or has been closed;
      5.   Any sale accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated;
      6.   Any sale accompanied by advertising, indicating a business emergency or failure affecting the seller of any previous holder of the goods to be disposed of.
   B.   For purpose of this article "advertise" shall mean all methods, whether oral, written, lettered, or printed, used to convey to the public notice of the conduct of a sale, or notice of intention to conduct such sale, which shall include, but not be limited to, oral or written announcements by the proclamation, newspaper advertisements, magazine advertisements, handbills, written or printed displays, billboard displays, posters, or radio and television announcements. (1962 Code § 6-5.01 et seq.)