As used in this chapter:
"Publish," "publishing," "advertisement," or "advertising"
shall mean any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio or television announcement, and any and all other means including oral, written or printed.
"Sale"
shall mean the sale, or an offer to sell, to the public, goods, wares or merchandise of any kind or description in connection with a declared purpose, as set forth by advertising, that such sale is anticipatory to or part of the termination, closing, liquidation, wind-up, discontinuance, conclusion or abandonment of the business for which the sale is being conducted. It shall include any and all sales by whatever name called which are advertised in such manner as to reasonably convey to the public that upon the disposal of the goods, wares or merchandise the business will be terminated, closed, liquidated, wound-up, discontinued, concluded or abandoned, including but not limited to those sales advertised as a "fire sale," "adjustment sale," "bankruptcy sale," "creditor's sale," "trustee's sale," "liquidation sale," "reorganization sale," "alteration sale," "executor's sale," "administrator's sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjustor's sale," "receiver's sale," "loss-of lease sale," "wholesaler's close-out sale," "creditor's committee sale," "force-out-of-business sale," "removal sale," "close-out sale," "going-out-of-business sale," or by any other designation.
(Prior code § 5-5.1)
The Director of Finance is authorized to supervise and regulate all sales as herein defined.
(Prior code § 5-5.2)
A. 
It is unlawful for any person to sell, or offer for sale, to the public, any goods, wares or merchandise with a declared purpose, as set forth by advertising, that such sale is anticipatory to the termination, closing out, liquidation or discontinuance of business or enterprise or of any goods, items or merchandise. This section shall not apply to any person with a permit as provided for in this chapter.
B. 
For the purposes of this section, "advertising" shall mean any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio or television announcement, and any and all other means including oral, written or printed.
C. 
The provisions of Subsection (A) of this section shall not apply to any person who shall advertise the item or items of goods, wares or merchandise to be terminated, closed-out, liquidated or discontinued with the same emphasis, size of print and clarity of designation as he or she advertises the fact such item or items are being closed out, terminated, liquidated or discontinued.
(Prior code 3-17)
It is unlawful for any person to publish, advertise or conduct any sale as herein defined without a permit therefor.
(Prior code § 5-5.3)
A. 
Every application for a permit required by this chapter shall be in writing, verified under oath, and filed with the Director of Finance.
B. 
Such application shall contain:
1. 
Location of the place where such sale is to be held;
2. 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;
3. 
The means to be employed in publishing or advertising such sale, together with the proposed general content of any advertisement or publication;
4. 
A general list of the goods, wares, and merchandise to be offered for sale, together with a general listing of the cost at which the goods, wares, and merchandising were obtained by the owner thereof, or person conducting such sale;
5. 
In the case of stock placed upon the premises within 90 days prior to such sale, the time of acquisition of such stock and an itemized list of stock, together with the cost at which such stock was acquired;
6. 
The name of the owner of the goods, wares and merchandise to be offered for sale; and if the sale is to be conducted by a person not the owner of the goods, then the name of the person conducting such sale;
7. 
Such additional information as the Director of Finance may require.
(Prior code § 5-5.4)
It is unlawful for any person to make any false statement in any application required by this chapter or in any advertisement or notice of any sale as herein defined or provided for.
(Prior code § 5-5.5)
Upon the filing of such application, the Director of Finance, after investigation thereof, and determining that the provisions of this chapter have been complied with, shall issue such permit for a period not to exceed 30 calendar days.
(Prior code § 5-5.6)
A. 
Upon satisfactory proof by the permittee that the stock itemized or listed in the original application has not been disposed of, the Director of Finance may renew such permit for the period or periods specified in Subsection (B) of this section.
Such proof shall be furnished in the form and in the manner as required by the Director of Finance.
B. 
The Director of Finance shall cause any renewal application to be examined and investigated and if satisfied as to the truth of the statements therein contained, the Director of Finance may issue a renewal permit for a period of not to exceed 30 additional calendar days; provided, however, that only one such renewal may be granted for such sale.
(Prior code § 5-5.7)
The City Council may make such rules and regulations for the conduct and advertisement of such sales, as in their discretion will serve to prevent deception and protect the public.
(Prior code § 5-5.8)
When filing an application for an original or a renewal permit to advertise or conduct such sale, the applicant must pay to the City a fee. Except as otherwise provided by applicable law, all permit fees applicable to this chapter will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies. If this permit application is disapproved, the fee amount is forfeited to the City to defray the costs of investigating the statements contained in the permit application. The fees required to be paid pursuant to this section are in addition to all other taxes or fees.
(Prior code § 5-5.9; Ord. 1336 § 6, 5/8/17)
Upon commencement of any sale, the permit therefor shall be conspicuously displayed near the entrance to the premises.
(Prior code § 5-5.10)
A. 
A duplicate original of the application and the general or itemized stock list pursuant to which such permit was granted shall be available at all times to the Director of Finance, or authorized representatives at the permittee's premises and the permittee shall permit such authorized representatives to examine all merchandise on the premises for comparison with stock list or lists.
B. 
Suitable books and records as approved by the Director of Finance shall be kept by the permittee and shall be available at all times to the authorized representatives of the City.
(Prior code § 5-5.11)
No goods, wares or merchandise shall be permitted to be offered for sale at the place of business where such sale is to be conducted other than those items listed in the lists filed with the application for the permit.
(Prior code § 5-5.12)
Only those goods, wares or merchandise shall be permitted to be offered for sale at the place where such sale is to be conducted if prior to the filing of the application for the permit such goods, wares or merchandise were offered for sale at the place where such sales is to be conducted.
(Prior code § 5-5.13)
A. 
All advertising shall be a description of the nature of such sale as stated in the application therefor. The language in such advertising shall conform to the general content of the advertising as indicated in the application.
B. 
It is unlawful to indicate in such advertising, either directly or indirectly, that such sale is held with the approval of any officer or employee of the City.
C. 
Such advertising shall contain a statement in the following words: "Sale held pursuant to the provisions of Title 5, Chapter 5.32, Bellflower Municipal Code, under Permit No. _____ issued the _____day of _____, 20__"; and in such blank spaces the permit number and the requisite dates shall be indicated.
(Prior code § 5-5.14)
The following persons shall be exempt from the provisions of this chapter:
A. 
Persons acting pursuant to an order or the process of a court of competent jurisdiction.
B. 
Sheriffs and Marshals acting in accordance with their powers and duties as public officers.
(Prior code § 5-5.15)
No sale as herein defined which is in progress at the time the ordinance codified in this chapter becomes effective shall be continued more than 30 calendar days thereafter without complying with all of the requirements of this chapter.
(Prior code § 5-5.16)
The purpose of this chapter is to safeguard the public and encourage competition by prohibiting unfair, dishonest, deceptive, destructive, fraudulent and discriminatory practices by which fair and honest competition is destroyed or prevented and by which members of the public are injured.
(Prior code § 5-5.17)