[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.
No person shall hereafter publish or conduct any sale of the type herein
defined without a license therefor.
The following words and terms, as used in this chapter, shall be deemed
to mean and are construed as follows:
A license issued pursuant to this chapter.
A person to whom a license has been issued pursuant to this chapter.
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.
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.
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.
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.
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.
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.
The Village Clerk shall have power to suspend or revoke at any time
any license granted in accordance with this chapter.
[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.
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.
The provisions of this chapter shall not apply to or affect the following
persons:
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.
