§ 6-100-1 — Definitions

Sec. 6-100-1. - Definitions.

As used in this chapter, the following terms shall have the following meanings unless a different meaning appears from the context: Director means the director of public services, or his or her designated representative. Inspector means the city employee selected by the director to inspect premises of going out of business activities. On hand means only those items on hand and in stock under the name of applicant applying for permit, for at least 12 months prior to making application, at the address which appears on the face of the permit form, and shall include no other items. Permit means a permit issued pursuant to this chapter. Permittee means any person to whom a permit has been issued pursuant to this chapter. Person means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons conducting a going out of business sale. Publish, publishing, advertisement or advertising includes any and all means of every kind of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertising, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, poster, by radio or television announcement, and any and all means including oral, written or printed. Sales means the sale or any offer to sell to the public goods, wares and 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 anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a "fire sale," "adjustment sale," "creditor's sale," "trustee's sale," "liquidation sale," "reorganization sale," "insurance salvage sale," "administrator's sale," "insolvent sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out sale," "retailer's close-out sale," "creditor's committee sale," "forced out-of-business sale," or "removal sale," and any and all sales advertised in such manner as to reasonably convey to the public that upon disposal of the stock of goods on hand, the business will cease and be discontinued. Seller means the owner or operator of a legitimate on-going business in daily operation for at least 12 months prior to making application for permit, and may be composed of one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons desiring to conduct a going-out-of-business sale. Stock means only those items on hand, owned by seller, and in stock at least 12 months prior to making application for permit, at the address which appears on the face of the permit form, and shall include no other items.

(Code 1985, § 2-395; Ord. No. 3834, § 1(1, 2), 1-3-1989; Ord. No. 3919, § 1(1—3), 12-19-1989)