No person shall sell or offer to sell to the public any goods, wares
or merchandise represented or advertised as bankrupt stock, unless such stock
shall in fact be the stock as contained in the schedules filed in bankruptcy
of the bankrupt, nor represented or advertised as assigned stock, unless such
stock shall in fact be the stock contained in the assignment for the benefit
of creditors, nor any goods, wares or merchandise of any other kind or description
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, windup, discontinuance, conclusion or abandonment
of the business in connection with which sale and any and all other sales
advertised or conducted in such manner as to reasonably convey to the public
that, upon the disposal of the stock of goods on hand, the business will cease
and be discontinued, without procuring a license therefor pursuant to this
chapter.
The provisions of this chapter 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 or duties
as public officers, such as sheriffs and marshals.
C. Duly licensed auctioneers selling at auction.
The Chief of Police is hereby authorized and empowered to supervise and regulate sales or special sales defined in §
228-1. Application for said license is made to the City Clerk who shall issue the same.
The Chief of Police is further empowered to make such rules and regulations
for the advertisement and conduct of such sales or special sales as in his
opinion will serve to prevent deception and to protect the public.
All advertisements or advertising and the language contained therein
shall be in accordance with the purpose of the sale as stated in the application
pursuant to which a license was issued and the wording of such advertisements
shall not vary from the wording as indicated in the application. Such advertising
shall in no manner or form whatsoever, either directly or indirectly, indicate
that such sale is held with the approval of the City Clerk or any other city
official. Such advertising shall contain a statement in these words and no
others: "Sale Held Pursuant to License No. ________ issued by the City Clerk
of the City of Oneonta, on the _____ day of _____________, 19____" and in
such blank spaces shall be indicated the license number and the date of issuance
of the license.
Any person who shall publish or conduct any sale or sales pursuant to
license or renewal of license issued under this chapter shall discontinue
the operation of said business in the city upon the expiration of the license
or the expiration of any renewal of said license.
Any person violating any provision of this chapter shall be punished as provided in §
1-18 of this Code.