Village of Rockville Centre, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre 2-22-1971 by L.L. No. 1-1971 as Ch. 102 of the 1971 Code]
GENERAL REFERENCES
Auctioneers — See Ch. 90.
Secondhand automobile sales — See Ch. 93.
Businesses — See Ch. 138.
Garage sales — See Ch. 201.
Gasoline sale and service stations — See Ch. 204.
Junk and secondhand dealers — See Ch. 215.
Licenses — See Ch. 222.
Pawnbrokers — See Ch. 244.
Peddling and soliciting — See Ch. 250.
Merchandise displays on sidewalks — See Ch. 287, Art. V.
Impounding and sale of personal property left on streets — See Ch. 287, Art. XI.

§ 265-1 License required.

No person shall hereafter publish or conduct any sale of the type herein defined without a license therefor.

§ 265-2 Definition and construction of terms.

The following words and terms, as used in this chapter, shall be deemed to mean and are construed as follows:
LICENSE
A license issued pursuant to this chapter.
LICENSEE
A person to whom a license has been issued pursuant to this chapter.
PUBLISH, PUBLISHING, ADVERTISEMENT and/or ADVERTISING
Includes any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, either by word of mouth, by newspaper advertising, by magazine advertising, by handbills, by written notice, by printed notice and any and all means, including oral, written or printed.
SALE
The sale of or an 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 advertisement on part of the seller that such sale is anticipatory to the determinations, closing liquidation, windup, discontinuance, conclusion or abandonment of the business in connection with such sale.
A. 
It shall also mean sale advertised to be "retirement sale," "forced out of business sale," "removal sale," "loss of lease sale" and any and all sales advertised 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.
B. 
The term "sale" shall also include the sale of or offer to sell to the public, goods, wares and merchandise of any and all kinds and descriptions which are described or referred to by advertisement on the part of the seller as smoke, fire, water or similarly damaged goods, wares or merchandise, and which sale is by representation or advertisement intended to lead the public to believe that the person, firm or corporation conducting such sale is selling such goods, wares or merchandise for less than the current or retail price thereof. All of the provisions, requirements and conditions of this chapter relating to sales occasioned by the intention of discontinuing business shall be equally applicable to any such sale advertised or conducted as a sale of smoke, fire, water or similarly damaged goods which may be conducted apart from any intention to discontinue business.

§ 265-3 Application for license; police supervision.

A. 
The Chief of Police is hereby authorized and empowered to supervise and regulate sales or special sales defined in § 265-2 of this chapter, and the application therefor shall be made to the Village Clerk upon forms to be supplied said applicant for that purpose, and shall contain a statement subscribed to under oath or affirmation by the person, member of the firm, officer of the corporation applying for such license, which statement shall contain:
(1) 
A description 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 such sale, together with the proposed language content in any advertisement.
(4) 
An itemized list of the goods, wares and merchandise to be offered for sale, the place where such stock was purchased or acquired, and if not purchased, the manner of such acquisition.
B. 
Such application shall contain any additional information as the Village Clerk may require.

§ 265-4 Granting of license; term; renewal.

Upon receipt of such application and payment of the fee hereinafter prescribed, the Chief of Police shall cause the same to be examined and investigated. If after such investigation the Village Clerk is satisfied as to the truth of the statement contained in such application as to the form and content in connection with such sale, he may then issue a license permitting the publication and conduct of such sale. Such license shall be for a period not exceeding 30 days, excepting that upon satisfactory proof by the licensee that the stock itemized in the original application has not been disposed of, the Village Clerk may renew such license for an additional thirty-day period upon payment of the prescribed renewal fee.

§ 265-5 Suspension or revocation.

The Village Clerk shall have power to suspend or revoke at any time any license granted in accordance with this chapter.

§ 265-6 Application fee.

[Amended 10-18-1971; 12-4-1972]
A. 
The fee for the license and for the original application or a renewal of the application for the license required by the provisions of this chapter shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Rockville Centre.
B. 
Prior to the issuance of such license, the applicant shall deposit with the Village Clerk a sum equal to the amount of all billed but unpaid charges for electric services, plus an estimated amount to secure the payment of charges for electric service during the period of the sale, such deposit to be returned upon presentation of receipted bills showing the payment of such bills.

§ 265-7 Display of license; inspection of merchandise and records.

Upon commencement of any sale as hereinbefore defined, the license issued shall be prominently displayed near the entrance to the premises. Duplicate original of the application and stock list, pursuant to which such license was issued, shall at all times be available to the Chief of Police or his representative, and the licensee shall permit an inspection of all merchandise in the premises. Suitable books and records shall be kept by the licensee and shall at all times be available for inspection. In the course of business each day, the stock list attached to the application shall be revised and those disposed of during such day shall be so removed therein and no goods added to said list.

§ 265-8 Exceptions.

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 powers and duties as public officers, such as sheriffs and constables.
C. 
Persons conducting bankruptcy sales.

§ 265-9 Penalties for offenses.

Any person violating any provisions of this chapter shall be liable for and pay a penalty or fine not exceeding $25 for the first offense and not more than $100 for any subsequent offense, and in addition thereto each of said violators shall constitute and is hereby declared to be disorderly conduct, and any person violating the same shall be and is hereby declared a disorderly person.