§ 293.10 — Definitions

293.10. - Definitions.

When used in this chapter the following words or phrases shall mean: Advertise. Any means, whether oral, written, lettered or by picture, used to give notice of intention to conduct a sale or to advertise merchandise for sale at such sale; including, but not limited to, oral announcement made at the place of sale, or oral announcement by sound truck or by radio or television, by written, printed or pictured notice, by newspaper advertisement, magazine advertisement, handbill, printed display, poster, label, price tag, circular, pamphlet or book. Merchandise. All kinds of goods, wares and merchandise usually sold for consumption. Sale. A sale or offer to sell to the public merchandise of any and all kinds and descriptions, on hand and in stock, in connection with a declared purpose, as set forth by advertising on the part of the seller that such sale is: (a) Anticipatory to the termination, closing, liquidation, windup, discontinuance, conclusion or abandonment of the business and advertised in the following phrases or in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is being conducted for such purpose: "Going out of business sale," "trustee's sale," "liquidation sale," "executor's sale," "administrator's sale," "adjustment sale," "reorganization sale," "creditors' committee sale," "assignee's sale," "receiver's sale," "loss of lease sale," "forced out of business sale," "removal sale." A "removal sale" is defined as a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at that location, and will then move to a new or another existing location. (b) A result of damage or alteration to the merchandise being offered for sale by disaster or other fortuitous occurrence, and advertised in the following phrases and in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is being conducted as a result of such occurrence: "Fire sale," "insurance salvage sale," "damaged goods sale," "smoke sale," "water damage sale." (Code 1960, As Amend., § 349.010; Ord. of 2-22-74, § 1)