§ 5.56.010. Definitions.

For the purpose of this chapter the following words and terms shall be deemed to mean and be construed as follows:

(a)

Fire or Closing Out Sale. Any sale of, or any offer to sell, to the public or any group thereof, any goods, wares, merchandise on order, in transit, or in stock, in connection with a declared purpose as set forth by advertising that such sale is anticipatory to 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.

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.

All sales advertised in a manner 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.

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 Sale"; "Closing Out Sale"; "Creditors' Committee Sale"; "Creditors' Sale"; "Damaged Goods Sale"; "End Sale"; "Executors' 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"; "Removal 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"; "Fixtures for Sale"; or advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey the same meaning.

All sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of goods to be disposed of and all sales advertised to be "Action Sales" or advertised by any other expressions or characterization closely similar to said phrase and calculated to convey the same meaning.

The terms "Fire Sale" or "Closing Out Sale" shall include a sale in which a seller announces a price at which he will sell one or more article of merchandise and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered, with or without varying the previously announced price, until a buyer is finally induced to buy the accumulated articles at a fixed price, or a sale in which the seller announces an article at varying prices until a price is announced at which a buyer buys said article or articles of merchandise.

(b)

Auction Sale. A sale of property by public outcry to the highest bidder.

(c)

Auctioneer. Any person who shall, by public outcry, sell or offer to sell to the highest bidder, or any person who shall arrange for the disposal at public offering to the highest bidder, when bids are called for, either in person or by duly employed and Licensed auctioneers, any goods, wares, merchandise, fruits, stocks, bonds and other securities, or other personal property, in any building or on any of the streets or sidewalks, or in any other place in the County, where any and all persons who choose are permitted to attend and offer bids, or any person who shall advertise as a public auctioneer, or in any other manner hold himself out as such for public patronage, or shall receive fees as a commission for services as such.

(d)

Property. Personal property.

(e)

Person. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, agent, servant, officer or employee of any of them.

(f)

Auction House. Any business or establishment which is established for the purpose of conducting auction sales, and which has a fixed and permanent place of business.

(g)

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 herein, 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 notice, printed display, billboard display, poster and radio announcement.

(Prior code § 5500.1; Ord. 1068, 07/20/54)