[HISTORY: Adopted by the Common Council of the City of Glens
Falls: Art. I, as Ch. 84 of the 1967 Code; Art. II, as Ch. 57 of the
1967 Code. Sections 170-17A and 170-27A amended at time of adoption
of Code; see Ch. 1 General Provisions, Art. I. Other amendments noted
where applicable.]
GENERAL REFERENCES
Peddling, soliciting and transient merchants — See Ch. 156.
[Adopted as Ch. 84 of the 1967 Code]
As used in this Article, the following terms shall have the
meanings indicated:
Includes all merchandise located on the premises where the
sale is held.
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 announcement and any and all means, including
oral, written or printed.
The sale or an offer to sell to the public goods, wares and
merchandise of any kind 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, revision, removal, windup, discontinuance, conclusion
or abandonment of the business in connection with such sale. It shall
also include any sale advertised to be a fire sale, adjustment sale,
creditor's sale, trustees' 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,
forced-out-of-business sale, removal sale and any and all sales advertised
in such manner as to reasonably convey to the public that upon disposal
of the stock on hand the business will cease and be discontinued.
No person shall publish or conduct any sale of the type herein
defined without having obtained a license therefor from the City Clerk.
A.
The City Clerk, with the approval of the Mayor, is hereby authorized
and empowered to issue an appropriate license for the sales hereinbefore
mentioned. Such licenses shall be issued upon a written application
and verified by the applicant in a form prescribed by the City Clerk.
B.
The application must be filed with the City Clerk at least seven
days before the day of sale or at least seven days before the first
advertisement announcing the sale, whichever is to occur sooner.
Such application shall contain:
A.
A description of the place where such sale is to be held.
B.
The nature of the occupancy, whether by lease or sublease.
C.
The effective date of termination of such occupancy.
D.
The means to be employed in publishing such sale, together with the
proposed language content in any advertisements.
E.
An itemized list showing the location of the goods, wares and merchandise
to be offered for sale.
F.
The place where such stock was purchased or acquired and, if not
purchased, the manner of such acquisition.
A.
Upon receipt of such application and payment of the fee hereinafter
prescribed, the Mayor shall appoint such person or persons as may
be necessary to cause said application to be examined and investigated.
B.
If, after examination of the report of such investigation, the Mayor
is satisfied as to the truth of the statements contained in such application
and as to the form and content of the advertising to be used in connection
with such sale, he shall direct the City Clerk to issue a license
permitting the publication and conduct of such sale.
Such license shall be for a period not exceeding 30 days, except
that the Mayor shall renew the same for an additional thirty-day period
upon the payment of the prescribed renewal fee and upon being presented
by the licensee with satisfactory proof that the stock itemized in
the original application has not been completely disposed of. The
application for said renewal shall be made at least seven days before
the expiration of the original license period and shall be accompanied
by an itemized inventory showing the merchandise still remaining on
the premises. Only one such renewal shall be granted for any such
sale within a period of one year from the date of issuance of the
original license.
The Mayor is empowered to prescribe such rules and regulations
for the conduct and advertisement of such sale or special sale as,
in his opinion, will serve to prevent deception and to protect the
public.
The fee which shall accompany the original application for such
license shall be $10 for each $10,000 of inventory or a portion thereof
on hand, up to $50,000, as verified by the applicant and otherwise
substantiated as provided herein, and the fee for each renewal of
such license shall be $25, which fee or fees shall be paid to the
City Clerk.
Upon commencement of any sale as hereinbefore defined, the license
issued shall be prominently displayed near the entrance of 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 such
inspectors as the Mayor may designate, and the license shall permit
an inspection of 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 such license was issued, and
the wording of such advertisements shall not vary from the wording
as indicated in the application. Such advertising shall contain a
statement in these words: "Sale held pursuant to License No. _____
granted the _____ day of __________, 19_____," and in such blank spaces
shall be indicated the permit number and the requisite dates.
Suitable books and records shall be kept by the licensee and
shall at all times be available for inspection by the person or persons
designated by the Mayor. At the close of business each day, the stock
list attached to the application shall be revised, and those items
disposed of during such day shall be so marked thereon.
The Mayor shall have the power to suspend or revoke at any time,
for cause, any license or renewal thereof.
The provisions of this Article shall not apply to or affect
the following persons:
It shall be unlawful for the holder of any license issued under
the provisions of this Article to bring upon or cause to be brought
upon the premises for which the mentioned license is issued any goods,
wares or merchandise not shown or otherwise accounted for in the application
for such license, with intent to advertise, sell or offer for sale
such goods, wares or merchandise to the public.
Upon the expiration of the license provided for herein or any
renewal thereof, the applicant shall discontinue the operation of
said business in the City of Glens Falls.
Where a license applied for under the provisions of this Article
is refused issuance by the City Clerk or where a license or the renewal
thereof is suspended or revoked for cause, all fees paid upon the
presentation of the application shall be forfeited and shall in no
event be refundable to the applicant.
A.
Any person who shall violate any of the provisions of this Article,
upon conviction thereof, shall be punished by a fine of not more than
$250 or by imprisonment for a term not to exceed 15 days, or both.[1]
B.
Each sale of an item of merchandise not listed on a required inventory
shall be a separate violation of this Article.
C.
Each day that any person conducts a sale regulated by this Article
without having obtained the license therefor shall be considered a
separate violation of this Article.
[Adopted as Ch. 57 of the 1967 Code]
As used in this Article, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale" or any similar casual sale
of tangible personal property which is advertised by any means whereby
the public at large is or can be made aware of said sale.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
[Amended 7-12-1983]
It shall be unlawful for any person to conduct a garage sale
in the City of Glens Falls without first filing with the City Clerk
the information hereinafter specified and obtaining from such City
Clerk a license so to do, to be known as a "garage sale license."
The fee for such license shall be and the same is hereby fixed at
$2 each time a person requests a license.
A.
Such license shall be issued to one person only twice within a twelve-month
period, and no such license shall be issued for more than two consecutive
days twice a year. Chartitable, religious and civic organizations
may be allowed more than one license with the approval of the Common
Council.
[Amended 7-12-1983]
B.
Each license issued under this Article must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
The information to be filed with the City Clerk pursuant to
this Article shall be as follows:
A.
The name of the person, firm, group, corporation, association or
organization conducting said sale.
B.
The name of the owner of the property on which said sale is to be
conducted and the consent of the owner, if the applicant is other
than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have had with any
other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sale.
G.
Whether or not the applicant has been issued any other vendor's
license by any local, state or federal agency.
H.
A sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
A.
Garage sales may be advertised through the newspaper or other news
media.
B.
A sign not greater in size than two feet by two feet may be installed
on the property where the sale is being conducted.
C.
No sign shall be placed on the public right-of-way or on property
other than where the sale is being conducted. No lighted signs shall
be used.
D.
The sign shall be displayed only during the sale and shall be removed
within 24 hours after completion of the sale.
The provisions of this Article shall not apply to or affect
the following persons or sales:
A.
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
D.
Any publisher of a newspaper, magazine or other publication or other
communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without
knowledge that the provisions of this Article have not been complied
with.
E.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the Zoning Regulations of the City of Glens Falls[1] or under the protection of the nonconforming use section
thereof or any other sale conducted by a manufacturer, dealer or vendor
and which sale would be conducted from properly zoned premises and
not otherwise prohibited in the ordinances.
F.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption.
This Article shall be enforced by the Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer to investigate
any violation of this Article coming to his attention, whether by
complaint or arising from his own personal knowledge, and if a violation
is found to exist, he shall prosecute a complaint before the City
Court pursuant to the provisions of this Article. It shall be the
duty of the Police Department of the City of Glens Falls to bring
to the attention of the Code Enforcement Officer for further investigation
any violations of this Article of which the Police Department becomes
aware during the course of its normal duties.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on said
premises or permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises. All such persons shall
obey the reasonable orders of any member of the Police Department
or Fire Department of the City of Glens Falls in order to maintain
the public health, safety and welfare.
A.
Any person, association or corporation conducting any such sale or
similar activity without being properly licensed therefor or who shall
violate any of the other terms and regulations of this Article shall,
upon conviction, be subject to a fine of not more than $250 or to
imprisonment for a term not to exceed 15 days, or both.[1]
B.
Each day that such sale shall continue without being duly licensed
shall be considered a separate violation.
