The following words and terms as used in this article, respectively,
shall be deemed to mean and be construed as follows:
CHIEF OF POLICE OF THE VILLAGE OF PORT CHESTER, NEW YORK
The Chief of Police of the Village of Port Chester, New York, or
such member of the Police Department of said village who shall be designated
by said village to act as Chief of Police in the absence of the duly appointed
Chief of Police.
LICENSE
A license issued pursuant to this article.
LICENSEE
Any person to whom a license has been issued pursuant to this article.
PERSON
One or more persons of either sex, firm, partnership or corporation.
SALE
The sale or any offer to sell to the public goods, wares and merchandise
of any and all kinds and descriptions 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
such 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.
VILLAGE CLERK
The Village Clerk of the Village of Port Chester, New York.
No person shall hereafter publish or conduct any sale of the type herein
defined without a license therefor.
[Amended 11-3-1997 by L.L. No. 17-1997]
On filing an original application or a renewal application for a license to advertise and conduct a sale or special sale as hereinbefore defined, the applicant shall pay to the Village Clerk a fee as set forth in Chapter
175, Fees. If any application or renewal application be disapproved, said payment shall be forfeited to the Village Clerk of the Village of Port Chester, as and for the cost of investigating the statements contained in such application or renewal application.
On commencement of any sale, as hereinbefore defined, the license issued
by the Village Clerk shall be prominently displayed near the entrance to the
premises. A duplicate original of the application and stock list pursuant
to which such license was issued shall at all times be available to the Village
Clerk, and the licensee shall permit the Village Clerk to examine all merchandise
in the premises for comparison with such stock list. 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 Village Clerk. Such advertising shall contain
a statement in these words and no others: "Sale held pursuant to License No.
..... issued by the Village Clerk of the Village of Port Chester, on the ..........
day of ........., 19 .....," and such blank spaces shall be indicated by the
license number and the date of issuance of the license. Suitable books and
records as prescribed by the Village Clerk shall be kept by the licensee and
they shall at all times be available to the Village Clerk. At the close of
the business day, the stock list attached to the application shall be revised
and those items disposed of during each day shall be so marked on such list.
No additional merchandise shall be added to the stock in the establishment
of the licensee after issuance of the first license.
Any person who shall publish or conduct any sale or sales pursuant to
license or renewal of license issued under this article shall discontinue
the operation of the said business in the Village of Port Chester upon the
expiration of the license or the expiration of any renewal of said license.
The provisions of this article 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 sheriff's and marshals.
C. Duly licensed auctioneers, selling at auction.
The Chief of Police shall render such aid and assistance to the Village
Clerk as the latter may require in the administration and enforcement of this
article.
Any person who shall violate or who shall neglect or refuse to comply
with any of the provisions of this article, shall, upon conviction thereof,
be punished by a fine of not more than $25, or by imprisonment not exceeding
five days, or by both such fine and imprisonment. Each day such violation
continues shall be considered as a separate violation, and punishable as such.