Fontana Municipal Code Div. 1 Generally

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advertise, advertisement, advertising, publish or publication means all means, whether oral, written, lettered or printed, used for conveying to the public notice of the conduct of a sale or notice of intention to conduct such sale, including but not limited to oral or written announcements by proclamation or outcry, newspaper advertisements, magazine advertisements, handbills, written or printed notices, printed displays, billboard displays, posters and radio announcements.

Inspector means an inspector appointed by or authorized by the chief of police.

Permit means a permit issued pursuant to this article.

Permittee means any person to whom a permit has been issued pursuant to this article.

Sale means:

(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 to 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) 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, be discontinued or be changed;

(3) All sales advertised to be an adjuster's sale, adjustment sale, assignee's sale, bankrupt sale, benefit of administrator's sale, benefit of creditor's 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, executor's sale, final days sale, fire sale, forced out sale, forced out of business sale, insolvent sale, insurance salvage sale, last days sale, lease expires sale, lease expiring sale, liquidation sale, loss of lease sale, mortgage sale, moving sale, out-selling 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, or fixtures for sale, or advertised by any other expression or characterization closely similar to any of the expressions listed in this subsection and calculated to convey the same meaning;

(4) All sales 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 or been closed, discontinued or liquidated;

(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 or any previous holder of the goods to be disposed of.

(Code 1968, § 10-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) A permit issued under this article shall be valid only for the advertising, representation and sale of the particular goods, wares or merchandise described in the original application therefor and at the particular time and particular place stated therein, and by the particular applicant, and any renewal, replenishment or substitution of such goods, wares or merchandise, or change of such time or place for such sale, or change of person conducting the sale, shall be unlawful and shall render such permit void. No person, in contemplation of conducting any such sale or special sale, or during the continuance of such a sale, shall order any goods, wares or merchandise for the purpose of selling them at such sale, and any unusual purchase or additions to the stock of such goods, wares or merchandise within 60 days before the filing of such application for a license to conduct such a sale shall be presumptive evidence that such purchases or additions were made in contemplation of such sale and for the purpose of selling them at such sale.

(b) Each sale of goods, wares or merchandise as were not inventoried and described in the original application shall constitute a separate offense under this article.

(c) The chief of police is further empowered to make such rules and regulations for the conduct and advertisement of such sale or special sale as in his opinion will serve to prevent deception and to protect the public.

(Code 1968, § 10-11)

Any removal of any goods, wares or merchandise inventoried and described in the original application form for a permit from the place of sale mentioned in such application shall cause such goods to lose their identity as the stock of the sale, and no permits thereafter shall be issued for the conducting of a sale of any such goods, wares or merchandise in such manner as to identify them with the store, store name, store owner or location referred to in the original application.

(Code 1968, § 10-12)

Suitable books and records shall be kept by a permittee under this article and shall all times be available to the inspector and investigators. At the close of business each day the stock list attached to the application shall be revised, and those items disposed of during such day shall be so marked thereon.

(Code 1968, § 10-13)

The provisions of this article shall not apply to or affect the following persons:

(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.

(2) Persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals.

(3) Duly licensed auctioneers, selling at auction.

(4) Any publisher of a newspaper, magazine or other publication who publishes any such advertisement in good faith, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this article have not been complied with.

(Code 1968, § 10-14)