San Leandro Municipal Code Art. 3 General

(Legislative History: Ordinance No. 938 N.S., Ordinance No 82-038, 5/24/82; Ordinance No. 2002-032, 12/9/02 (Section 4-8-320))

Any removal of any goods, wares, or merchandise inventoried and described in the original application from the place of sale mentioned in such application shall cause such goods to lose their identity as the stock of any of the sales defined herein, and no permits thereafter will 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.

Upon commencement and throughout the duration of any sale the permit shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such permit was issued, shall at all times be available to the City Manager and the permittee shall permit the City Manager to examine all merchandise in the premises for comparison with such stock list.

Suitable books and records be kept by the permittee and shall at all times be available to the City Manager. 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.

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

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

(b) Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals;

(c) Duly licensed auctioneers, selling at auction; and

(d) 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 Chapter have not been complied with.

In addition to the revocation of a license pursuant to Section 4-8-235, any violation of the provisions of this Chapter may be abated in the manner provided by Chapter 1-12. For the purposes of enforcement, each sale of goods, wares, or merchandise as were not inventoried and described in said original applications shall constitute a separate offense under this Chapter.