San Leandro Municipal Code Art. 1 Definitions

As used in this Chapter, the following words and phrases shall mean:

Advertise, Advertisement, Advertising, Publish, Publication.

"Advertise," "Advertisement," "Advertising," "Publish," "Publication" shall mean any and all means, whether oral, written, lettered, or printed, used for conveying to the public notice of the conduct of a closing-out sale, or notice of intention to conduct such sale, including but not limited to oral or written announcement by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display, poster, and radio announcement.

City Manager.

"City Manager" shall mean the City Manager or designee.

Closing-Out Sale or Sale.

"Closing-out sale" or "sale" shall mean 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, windup, discontinuance, removal, dissolution, or abandonment of the business or that portion of the business conducted at any location; and

(1)

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

(2)

All sales advertised to be "Adjuster's Sale," "Assignee's Sale," "Bankrupt Sale," "Benefit or Creditors' Sale," "Closing-Out Sale," Creditors' Sale," "Damaged Goods Sale," "Executors' Sale," "Final Days Sale," "Fire Sale," "Forced Out Sale," "Insolvent Sale," "Insurance Salvage Sale," "Last Days Sale," "Lease Expiring Sale," "Liquidation Sale," "Mortgage Sale," "Removal Sale," "Reorganization Sale," "Salvage Sale," "Selling Out Sale," "Smoke Sale," "Trustees' Sale," "Quitting Business Sale," or advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey the same meaning; and

(3)

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

(4)

All sales accompanied by notice or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and

(5)

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.

Permittee.

"Permittee" shall mean any person to whom a permit has been issued pursuant to this Chapter.

Person.

"Person" shall mean any individual, corporation, partnership, association or organization and includes any trustee, receiver, assignee, agent or other representative.