Pomona Municipal Code § 30-34 Investigations

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:

Regulated sale means any of the following:

(1) Any sale of goods, wares or merchandise or a sale of any department of goods, wares and merchandise constituting an insurance, bankruptcy, liquidation, mortgage, insolvent's, assignee's, executor's, administrator's, receiver's, or trustee's, or any closing-out sale or removal;

(2) A sale of goods, wares or merchandise damaged by fire, smoke or water or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance company, receivership or trusteeship;

(3) Any sale of goods, wares or merchandise or a sale of any department of goods, wares or merchandise that is anticipatory to or to avoid the termination, closing, liquidating revision, winding up, discontinuance, conclusion or abandonment of the business in connection with such sale; or

(4) A sale where it is advertised or a representation made that reasonably conveys to the public the belief that, upon the disposal of any such stock of goods on hand, the business will cease and be discontinued, including, but not limited to, sales advertised, held out or represented as an adjuster's sale, adjustment sale, administrator's sale, alteration sale, assignee's sale, bankrupt sale, benefit of administrator's sale, benefit of trustee's sale, building coming down sale, closing sale, closing-out sale, damaged goods' sale, end sale, executor's sale, final days' sale, fire sale, forced-out sale, forced-out-of-business sale, insolvent sale, last days' sale, lease expires sale, liquidation sale, loss of lease sale, mortgage sale, receiver's sale, removal sale, reorganization sale, salvage sale, smoke sale, smoke and water sale, trustee's sale, quitting business sale, wholesale cleaning-out sale, and also including, but not limited to, sales, the advertisement of which contains the word "creditors."

(Code 1959, § 25-1; Ord. No. 1351, § 1)

Cross reference— Definitions generally, § 1-2.

(a) No license fee need be paid and the sections of this article shall not be applicable to the following:

(1) The selling at auction or public sale of any goods, wares, merchandise or property belonging to the United States, the state, the county, the city, or any other governmental agency;

(2) Any sale conducted under or by virtue of or pursuant to the authority of any process issued out of or by any duly constituted city, county, state or federal court, authority, or body; or

(3) The bona fide sale of the household goods, livestock or farm implements of the owner thereof at the domicile of such owner or any assets of the estate of a decedent or incompetent, or the sale by the owner thereof of real property upon which his home, dwelling or business is located or of household furniture, fixtures or articles owned by him and located within or upon the real property upon which his home or dwelling is situated.

(b) Nothing contained in this article shall be determined to apply to the publisher of a newspaper, magazine or other publication who publishes any advertisement in good faith without the knowledge of its falseness, deceptiveness, or misleading character or without knowledge that this article or any section or any portion thereof has not been complied with.

(Code 1959, §§ 25-14, 25-16; Ord. No. 1351, §§ 14, 16)

No license granted and in effect pursuant to any section of this Code, other than sections applying to regulated sales, shall be effective for a regulated sale, and no regulated sale may be concluded pursuant to any license other than that granted for the purpose of such regulated sale.

(Code 1959, § 25-15; Ord. No. 1351, § 15)

The business license division or any other city official designated by the city manager shall at all times have the power and it shall be the duty to make an investigation of the business and books, records and accounts and other documents pertaining thereto of any person conducting or permitted or authorized to conduct regulated sales.

(Code 1959, § 25-2; Ord. No. 1351, § 2)

The license provided for in division 2 of this article shall be valid only for a sale of goods, wares and merchandise inventoried and described in the application for such license, in the manner and at the time and place set forth in such application. Any removal of such goods, wares or merchandise, so inventoried and described, from the place of sale described in the application shall cause such goods, wares and merchandise to lose their identity for the purpose of such regulated sale, and no license will thereafter be issued for the conduct of a sale of such goods, wares or merchandise so removed from the place described in the application, under section 30-62, at any other place.

(Code 1959, § 25-8; Ord. No. 1351, § 8)

No person in contemplation of the conduct of a regulated sale under a license as provided in division 2 of this article shall add any goods, wares or merchandise to the inventory filed with the application provided for in section 30-62 for the purpose of selling or disposing of such goods, wares or merchandise at such sale.

(Code 1959, § 25-9; Ord. No. 1351, § 9)

It shall be unlawful for any person conducting a regulated sale, under any license granted pursuant to division 2 of this article, to add to, during the continuance of any such regulated sale, any goods, wares or merchandise described and inventoried in his original application for such license. No goods, wares or merchandise shall be sold at or during such sale, excepting the goods, wares or merchandise described in the inventory accompanying the application. Each and every addition of goods, wares or merchandise, for the purpose of sale, to the stock of goods, wares or merchandise described in the inventory and each sale of such goods, wares or merchandise as were not described in such inventory shall constitute a separate offense under this article. Any violation of this section shall be a misdemeanor.

(Code 1959, § 25-10; Ord. No. 1351, § 10)