729.01 DEFINITIONS.

   The following definitions shall apply to the provisions found in this chapter:

   (a)    "Auditor" means the City Auditor.

   (b)    "Closing-out sale" means any offer to sell to the public, of goods, wares or merchandise upon the implied or direct holding out or representation that such sale is in anticipation of the ceasing, discontinuance and termination of a business at its present location.

   (c)   "Distressed-merchandise sale" means any offer to sell to the public or sale to the public, of goods, wares or merchandise upon the implied or direct holding out or representation that such sale is being conducted under any one, or combination of the following circumstances, whether or not such sale is in anticipation of the cessation of business:

      (1)    That such goods, wares or merchandise were acquired from a person who has terminated business or is in the process of terminating business.

      (2)    That such goods, wares or merchandise were acquired from another store of the person conducting the sale at which he has terminated business or is in the process of terminating business.

   (d)    "Goods" means any goods, wares, merchandise or other property capable of being the object of a closing-out sale.

    (e)    "Shall" is always mandatory and never directory.

      (Ord. 6-75. Passed 3-18-75.)