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

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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)

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