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AGENCIES & DEPTS
SANTA CLARA COUNTY CODE OF ORDINANCES: Division B16 SPECIAL SALES

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B16
SPECIAL SALES

Sec. B16-1. "Advertise," "publish" defined.

As used in this division, the terms "advertise," "advertisement," "advertising," "publish," and "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 sale as defined herein, or notice of intention to conduct such sale, including but not limited to oral or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed display, billboard display, poster and radio announcement.

(Code 1954, § 5.1.8-1.2)

Sec. B16-2. "Permit" defined.

As used in this division, the term "permit" shall mean a permit issued pursuant to this division.

(Code 1954, § 5.1.8-1.3)

Sec. B16-3. "Permittee" defined.

As used in this division, the term "permittee" shall mean any person to whom a permit has been issued pursuant to this division.

(Code 1954, § 5.18-1.4)

Sec. B16-4. "Sale" defined.

As used in this division, the term "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 the termination, liquidation, revision, windup, discontinuance, removal, dissolution or abandonment of the business or that portion of the business conducted at any location; and

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

All sales advertised to be "adjuster's sale," "adjustment sale," "assignee's sale," "bankrupt sale," "benefit of administrator's sale," "benefit of creditors' sale," "building coming down sale," "closing out sale," "creditors' committee sale," "creditors' sale," "damaged goods sale," "end sale," "executors' sale," "final days sale," "fire sale," "forced out sale," "forced out of business sale," "insolvent sale," "insurance salvage sale," "liquidation sale," "outselling sale," "receiver's sale," "reorganization sale," "salvage sale," "selling out sale," "smoke sale," "smoke and water sale," "trustee's sale," "quitting business sale," "wholesale closing out sale," "we quit sale," "we give up sale," "fixture for sale," or advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey the same meaning; and

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

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

All sales accompanied by advertising indicating business emergency or failure affecting the seller or any previous holder of the goods to be disposed of.

(Code 1954, § 5.1.8-1.1)

Sec. B16-5. Exemptions.

The provisions of this division 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;

(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 division have not been complied with;

(e) Persons engaged in the business of buying and selling secondhand, distressed, bankrupt or liquidated stock or similar merchandise in bulk lots for purposes of resale and having a fixed place of business for such purpose in the County.

(Code 1954, § 5.1.8-18)

Sec. B16-6. Permit required.

No person shall hereafter publish or conduct any sale of the type herein defined without first obtaining a permit therefor from the Sheriff in the manner hereinafter provided in this division.

(Code 1954, § 5.1.8-2)

Sec. B16-7. Permit application required.

Application for a permit required by this division shall be made in writing to the Sheriff and shall be signed and verified by the person who intends to conduct such sale before a person authorized to administer oaths.

(Code 1954, § 5.1.8-3)

Sec. B16-8. Contents of application.

Each application shall set forth and contain the following:

(a) Description, by street location, and kind of building, of the location at which the sale is to be held;

(b) The nature of the occupancy, whether by ownership, lease or sublease, and if by lease or sublease, the effective date of the termination of such tenancy;

(c) A copy of all advertisements proposed to be used in connection with such sale, and a statement of the means or methods of advertising to be used in advertising such sale;

(d) The facts in regard to the insurance, bankruptcy, insolvency, assignment, mortgage foreclosure, administration, receivership, trusteeship, removal, executorship removal, or other cause advertised to be the reason for the proposed sale;

(e) An inventory or statement, in such form and in such detail as the Sheriff may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale, and, when required by the Sheriff, the date of acquisition of such goods, wares or merchandise and the persons from whom obtained and the place from which said goods were last taken;

(f) Such additional information as the Sheriff may require.

(Code 1954, § 5.1.8-4)

Sec. B16-9. Authority to require detailed description of goods.

The Sheriff may require that all goods, wares and merchandise listed upon the inventory or statement shall be so described in detail by manufacturer's name and lot number, the individual number of articles so numbered, colors, sizes and otherwise, so that the identity of such goods with the goods listed on such inventory can be readily determined.

(Code 1954, § 5.1.8-5)

Sec. B16-10. Investigation by Sheriff required.

Upon the filing of the application, the Sheriff may make or cause to be made an examination, audit or investigation of the applicant and his affairs, in relation to the proposed sale.

(Code 1954, § 5.1.8-6)

Sec. B16-11. Issuance of permit.

If the Sheriff finds that the statements in the application are true, that the inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or misleading in any respect, and that the methods to be used by the applicant in conducting the sale are not such as, in the opinion of the Sheriff, will work a fraud upon the purchasers, the Sheriff shall issue to the applicant a permit to conduct such sale in accordance with the provisions of this division.

(Code 1954, § 5.1.8-7)

Sec. B16-12. Denial of permit for insufficiency of application.

The Sheriff may refuse a permit because of the insufficiency of the information set forth in the application, but in such event, the Sheriff shall grant the applicant permission to file an amended application.

(Code 1954, § 5.1.8-8)

Sec. B16-13. Permit fee.

No application for any such permit shall be accepted by the Sheriff for filing unless accompanied by a filing fee in the amount of $50.00, no part of which shall be refundable.

(Code 1954, § 5.1.8-9)

Sec. B16-14. Statement required on permit.

Each permit issued under the provisions of this division shall have printed, written or stamped on the face thereof the following:

"This permit is granted by the Sheriff of the County of Santa Clara and accepted by the permittee upon the condition that such permittee comply with and abide by all the provisions of Sections B16-1 to B16-25 inclusive, of the Santa Clara County Ordinance Code."

with a line thereunder for signature by the permittee and a witness.

At the time of the delivery of said permit, such statement must be signed by the permittee in the presence of an employee of the County who shall sign as a witness.

(Code 1954, § 5.1.8-10)

Sec. B16-15. Permit to be displayed.

Upon commencement and throughout the duration of any sale, as herein defined, the permit shall be prominently displayed near the entrance of the premises.

(Code 1954, § 5.1.8-15)

Sec. B16-16. Scope of permit.

Any permit issued under the provisions of this division shall authorize the one type of sale named in the application, at the place named therein, for a period of not more than 60 calendar days, and shall permit only the sale of goods which are set out in said application, all of which goods throughout the duration of the sale must be definitely separated from any other goods displayed at or within the store or place of business, and all advertising, signs or notices referring to, or calling attention to the sale, must be confined to the display or displays, of goods involved in the sale.

(Code 1954, § 5.1.8-11)

Sec. B16-17. Renewal of permit.

The Sheriff may, upon a verified application therefor, renew a permit for a period not to exceed 30 days, upon the payment of a renewal fee in the amount of $15.00. Such verified petition for renewal shall set forth a complete list of goods listed in the original application and remaining unsold, and shall not contain any goods, wares or merchandise not named in such original application. Upon receipt of such application for renewal, the Sheriff shall cause an investigation to be made at once, and if satisfied of the truth of the statements therein contained, the Sheriff of the grant such renewal, which shall be endorsed and signed as provided for the original permit. The Sheriff may renew any original permit in the manner above provided not to exceed two times, upon the payment of the sum of $15.00 for each such renewal; provided, however, that the Sheriff may not issue permits or renewals which will allow the conduct of any sale or sales, of any kind or kinds, named in this division at any one location for more than 120 calendar days in any one 12-month period.

(Code 1954, § 5.1.8-12)

Sec. B16-18. Restriction on goods offered for sale.

A permit shall be valid only for the advertising, representation and sale of the particular goods, wares or merchandise described in the original application therefor, and at the particular time, and particular place stated therein, and by the particular applicant; any renewal, replenishment or substitution of such goods, wares or merchandise, or change of person conducting the sale, or change of such time or place for such sale, shall be unlawful and shall render such permit void. No person in contemplation of conducting any such sale, or during the continuance of such a sale, shall order any goods, wares or merchandise for the purpose of selling them at such sale, and any unusual purchase, or additions to the stock of such goods, wares or merchandise, within 60 days before the filing of such application for a license to conduct such a sale shall be presumptive evidence that such purchase or additions were made in contemplation of such sale and for the purpose of selling them at such sale.

Each sale of goods, wares or merchandise not inventoried and described in the original application shall constitute a separate offense under this division.

(Code 1954, § 5.1.8-13)

Sec. B16-19. Loss of identity of goods.

Any removal of any goods, wares or merchandise inventoried and described in the original application form 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.

(Code 1954, § 5.1.8-14)

Sec. B16-20. Stock list to be available to Sheriff.

A duplicate original of the application and stock list pursuant to which a permit was issued shall at all times be available to the Sheriff, or to his inspectors and investigators, and the permittee shall permit such inspectors and investigators to examine all merchandise in the premises for comparison with such stock list.

(Code 1954, § 5.1.8-16)

Sec. B16-21. Records to be kept.

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

(Code 1954, § 5.1.8-17)

Sec. B16-22. Right of appeal.

Any person who is dissatisfied with any decision or ruling of the Sheriff on an application under this division may appeal to the Board of Supervisors, who shall have the power to grant or deny his application.

(Code 1954, § 5.1.8-19)

Sec. B16-23. Notice of appeal.

An appeal is taken by filing with the Clerk of the Board of Supervisors a notice of appeal within ten days after the date of the Sheriff's decision or ruling. The notice shall be signed by the appellant or his attorney and shall be sufficient if it states in substance that appellant appeals from a specific decision or ruling. A notice of appeal shall be liberally construed in favor of its sufficiency.

(Code 1954, § 5.1.8-19.1)

Sec. B16-24. Hearing on appeal.

No later than 30 days after receipt of a notice of appeal, the Board of Supervisors shall set the matter for public hearing and shall cause public notice of such public hearing to be given by causing one notice thereof to be published in a newspaper of general circulation in the County at least ten days before the date of said hearing.

(Code 1954, § 5.1.8-19.2)

Sec. B16-25. Appellant to bear cost of publishing notice of hearing.

The cost of publication of notice of hearing shall be deposited by the appellant with the Clerk of the Board of Supervisors at the time of filing his notice of appeal.

(Code 1954, § 5.1.8-19.3)

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