For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
“Advertise” means 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 internet, proclamation, newspaper advertisements, magazine advertisements, handbills, written or printed displays, billboard displays, posters, or radio and television announcements.
“Director” means the community development director or his or her designee.
“Going-out-of-business sale” means 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 an “adjuster’s sale,” an “administrator’s sale,” an “assignee’s sale,” a “bankrupt sale,” a “benefit administrator’s sale,” a “benefit of creditors sale,” a “benefit of trustees’ sale,” a “building coming down sale,” a “closing out sale,” a “creditor’s sale,” a “creditor’s committee sale,” a “damaged goods sale,” an “end sale,” an “executors’ sale,” a “final days sale,” a “fire sale,” a “fixtures for sale,” a “forced out sale,” a “forced out of business sale,” an “insolvent sale,” an “insurance salvage sale,” a “loss of lease sale,” a “mortgage sale,” an “outselling sale,” a “quitting business sale,” a “receiver’s sale,” a “reorganization sale,” a “salvage sale,” a “selling out sale,” a “smoke sale,” a “smoke and water sale,” a “trustee’s sale,” a “wholesale closing out sale,” a “we quit sale,” a “we give up 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; or
(6) Any sale accompanied by advertising, indicating a business emergency or failure affecting the seller or any previous holder of the goods to be sold.
“Permittee” means any person to whom a permit has been issued to hold a going-out-of- business sale.
“Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.
(Ord. 788 § 9 (part), 1999)