As used in this chapter:
"Auction," "public auction" and "auction sale"
mean and include a sale or offering for sale of any jewelry, as defined in this section, to the highest bidder in any building, or in or on any street or alley, private premises, or in any other place, where any and all persons who choose are permitted to attend and offer bids; including without limiting the generality of the term sale by public auction, such sale shall include a sale in which, instead of the bidders making increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces a price at which he or she will sell one or more articles of merchandise and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered, with or without varying the previously announced price, until a buyer is finally induced to buy the accumulated articles at the price fixed.
"Jewelry"
includes platinum, gold, silver-plated ware, precious stones, semi-precious stones, watches, clocks and other articles of jewelry.
(Prior code § 6540.1)
No person shall sell, offer for sale or advertise for sale at public auction in the city any jewelry as defined in Section 5.20.010; provided, however, that any person who has been engaged in the business of selling such jewelry at retail in the city continuously for a period of not less than one year, may conduct a public auction of such articles for the purpose of disposing of his or her stock on hand and of closing out his or her business, providing such person conforms to all requirements and regulations of this chapter, and particularly provisions regarding bankrupt or assigned sale of goods.
(Prior code § 6540.2)
A. 
No person shall advertise or conduct any sale of goods, wares or merchandise, at retail, that is represented as a bankrupt, insolvent, assignee, adjuster's, trustee's, executor's, administrator's, receiver's, wholesaler's, jobber's, manufacturer's, closing-out, liquidation, closing stock, fire or water damage sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise of any business for less than the current or going retail price thereof in the city, without first filing with the license official the inventory hereinafter provided for, and obtaining from such official a license so to do, to be known as a "closing out sale license."
B. 
The fee for such license shall be, and the same is fixed as follows: For a period not to exceed 30 days: $72.00.
C. 
Only one such license shall be issued to any one person or business within a 12-month period and further, no such license shall be issued for any period over 30 days.
(Prior code § 6540.3)
The provisions of the above Section 5.20.030 shall not apply to a bona fide closing out sale of merchandise by a person who has conducted the business for the period of one year immediately preceding such sale.
(Prior code § 6540.4)
The inventory required by Section 5.20.030 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at such sale for which a license is required, together with the wholesale price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized and by affidavit at the foot thereof he, she or such agent shall swear or affirm that the information therein given is full and true and known by him, her or such agent to be so.
(Prior code § 6540.5)
No person shall sell, offer or expose for sale at any such sale, or list on such inventory, any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or make any replenishments or additions to such stock for the purposes of such sale, or during the time thereof, or fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the license official may ascertain the kind and quantity of goods sold.
(Prior code § 6540.6)
A. 
Yard sales may be conducted only in the following manner:
1. 
An application must be made to and a permit must be obtained from the finance department to conduct a yard sale. Any fee for the permit shall be established by resolution.
2. 
Up to three yard sales may be held at a single address in a calendar year.
3. 
No purchased or consigned merchandise may be offered for sale.
4. 
Each yard sale may run no more than three consecutive days.
5. 
The yard sale may be conducted only between the hours of 8:00 a.m. and 8:00 p.m.
6. 
Signage is limited to one sign posted on the property where the sale is held during the duration of the sale only. The sign may not exceed two feet by two feet in size and may not be placed in the public right-of-way.
7. 
No goods may be placed in the public right-of-way.
B. 
The provisions of this section shall not apply to churches, public schools, or charitable organizations if the sale is conducted on the property of the organization and not in a private residence. If such sale is conducted at a private residence, all of the provisions of this section shall apply.
C. 
The term "yard sale" as used in this section means and includes lawn or yard sale, attic sale, rummage sale, moving sale, patio sale, garage sale, temporary bazaar or other similar sale, and means any sale held for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, personal goods or other tangible property of the person holding such sale.
(Prior code § 6540.7)
Every person constructing, erecting, installing, maintaining or operating outdoor advertising signs, structures, bill-boards, signboards or similar devices, other than signs provided in subsection B of this section, shall pay an annual license fee as computed in subsection A of this section.
A. 
For all signs not excepted by subsection B of this section: For the calendar year 1975, at the rate of 25 cents per square foot per year; for calendar year 1976, at the rate of 50 cents per square foot per year; and for calendar year 1977 and every year thereafter, at the rate of 75 cents per square foot per year with a maximum of $200.00 per sign per year.
B. 
Signs located on the premises of a licensed business which refer only to such business, signs located entirely on real estate which is thereby offered for sale, rent or lease, and temporary real estate directional signs authorized by Chapter 17.15 of the Upland Municipal Code shall not be affected by this section.
(Prior code § 6540.8)