For the purposes of this chapter only, the following words and terms shall be deemed to mean and be construed as follows:
ADVERTISE, ADVERTISEMENT, ADVERTISING, PUBLISH, PUBLICATION. Any and all means, whether oral, written, lettered or printed, used for conveying to the public, notice of the conduct of a sale as defined in this section or notice of intention to conduct such sale, including but not limited to oral or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed display, billboard display, poster and radio announcement.
CLOSING OUT SALE.
(1) Any sale of, 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, windup, discontinuance, removal, dissolution or abandonment of the business or that portion of the business conducted at any location; and
(2) All sales 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, be interrupted, discontinued or changed; and
(3) All sales advertised to be “Adjuster's Sale,” “Adjustment Sale,” “Assignee's Sale,” “Bankrupt Sale,” “Benefit of Administrator's Sale,” “Benefit of Creditors' Sale,” “Benefit of Trustee's Sale,” “Building Coming Down Sale,” “Closing Out Sale,” “Creditor's Committee Sale,” “Creditor's Sale,” “Damaged Goods Sale,” “End Sale,” “Executor's Sale,” “Final Days Sale,” “Fire Sale,” “Forced Out Sale,” “Forced Out of Business Sale,” “Insolvent Sale,” “Insurance Salvage Sale,” “Liquidation Sale,” “Loss of Lease Sale,” “Mortgage Sale,” “Outselling Sale,” “Receiver's Sale,” “Reorganization Sale,” “Salvage Sale,” “Selling Out Sale,” “Smoke Sale,” “Smoke and Water Sale,” “Trustee's Sale,” “Quitting Business Sale,” “Wholesale Closing Out Sale,” “We Quit Sale,” “We Give Up Sale,” “Fixture For Sale,” or advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey the same meaning; and
(4) All sales advertised in a manner calculated to indicate that the goods, wares or merchandise to be sold, or any part thereof, have been involved in any business failure or have been derived from a business which has failed, been closed, discontinued or liquidated; and
(5) All sales accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and
(6) All sales accompanied by advertising indicating a business emergency or failure affecting the seller of any previous holder of the goods to be disposed of.
FAKE SALE.
(1) The sale of goods, wares or merchandise at auction or otherwise to agents or other persons purchasing the same for or on behalf of the owner or other person interested in the selling thereof;
(2) The sale or offering for sale of any goods, wares or merchandise transported or brought into the city, and not constituting the original legitimate stock of goods, wares and merchandise of a place of business within said city, as the original and legitimate stock of goods, wares and merchandise of such place of business, at a bankrupt, insurance, mortgage, insolvency, assignee's, receiver's, trustee's, creditor's, executor's or administrator's sale, or a forced removal sale, or closing out sale, or the sale of goods damaged by fire, smoke, water or otherwise. Nothing in this chapter shall be deemed to prevent, nor shall it be considered unlawful to sell the original stock of goods, wares and merchandise of any place of business at a bankrupt, insurance, mortgage, insolvency, assignee's, receiver's, trustee's, creditor's, or administrator's forced removal or closing out sale, but the bringing of new stock into any such place of business or the adding of new stock to such original stock of goods, wares and merchandise and selling or offering to sell such new stock or added stock of such goods, wares and merchandise at said place of business at any of the sales above described in this section, is hereby declared be unlawful and is a fake sale within the meaning thereof;
(3) The sale of any goods, wares of merchandise misrepresented as to quantity or quality or otherwise.
PERMIT. A permit issued pursuant to this chapter.
PERMITTEE. Any person to whom a permit has been issued pursuant to this chapter.
(`83 Code, § 5.44.010) (Ord. 82-54 §§ 1, 2, 1982)