[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City 10-5-1967 as Ord. No. 6.6 of the
Revised Unified Code of Ordinances. Amendments noted where applicable.]
Whenever used in this chapter, the following terms shall mean and include:
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,
by television announcement and any and all means, including oral, written
and printed.
A sale 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 advertising on the part of the seller,
that such sale is:
Anticipatory to the termination, closing, liquidation, windup, discontinuance,
removal, conclusion or abandonment of the business, and advertised in the
following phrases and in any other phrase or phrases of like or similar language
which reasonably convey to the public that the sale is being conducted for
such purpose: "going out of business sale," "trustee's sale," "liquidation
sale," "executor's sale," "administrator's sale," "insolvent sale,"
"mortgage sale," "adjustor's sale," "receiver's sale," "loss of
lease sale," "forced out of business sale," "branch store discontinuance sale,"
"removal sale," "warehouse removal sale."
Pursuant to the execution of a legal right by a party other than the
original owner or owners of the goods, wares and merchandise, without court
order, and advertised in the following phrases and in any other phrase or
phrases of like or similar language which reasonably convey to the public
that the sale is of such a nature: "adjustment sale," "reorganization sale,"
"creditors' committee sale," "assignee's sale."
Pursuant to an intention to renovate, restore, rebuild or alter the
premises in which the sale is taking place, and advertised in the following
phrases and in any other phrase or phrases of like or similar language which
reasonably convey to the public that the sale is conducted for such purposes:
"alteration sale," "remodeling sale," "renovation sale."
A result of damage or alteration to the goods, wares and merchandise
being offered for sale by reason of a disaster or other fortuitous occurrence,
and advertised in the following phrases and in any other phrase or phrases
of like or similar language which reasonably convey to the public that the
sale is being conducted as a result of such occurrence: "fire sale," "insurance
salvage sale," "damaged goods sale," "smoke sale," "water damage sale."
It shall be unlawful for any person to publish or conduct any sale of
the type herein defined without a license therefor granted by the Board of
Trustees and issued by the Mayor as hereinafter provided. A license issued
pursuant to this chapter for a sale of the type herein defined shall apply
only to, and the sale shall be conducted only at, the premises described in
such license.
Application for such license shall be made to the Board of Trustees,
shall be in writing and shall be executed by applicant under oath. Such application
shall contain:
A.
The type of sale to be conducted and the reason for conducting
such sale.
B.
A description of the place where such sale is to be held.
C.
The nature of the occupancy, whether by lease or sublease,
and date of termination of such occupancy.
D.
The means to be employed in publishing such sale, together
with the text of any and all proposed advertising matter.
E.
An itemized list of the goods, wares and merchandise
to be offered for sale.
F.
Where and from whom such stock was purchased or acquired
and, if not purchased, the manner of such acquisition.
G.
Any additional information which the Board of Trustees
may require.
Upon the filing of such application, the Board of Trustees, after investigation thereof, may in its discretion authorize the Mayor to issue such license for a period not exceeding 30 days. Upon satisfactory proof by the licensee that the stock itemized in the original application has not been entirely disposed of, the Mayor may renew such license for one additional period not exceeding 30 days, except, however, in a sale under Subsection A of the definition of "sale" in § 87-1 hereof the Mayor may grant a second renewal of 30 days.
[Amended 3-7-1996 by L.L. No. 1-1996]
Upon filing an application for an original or for any renewal license
to advertise and conduct such sale, the applicant shall pay to the Village
Clerk a fee in such amount as determined from time to time by resolution of
the Board of Trustees. If any such application is disapproved, such payment
shall be forfeited to the village to defray the cost of investigating the
statements contained in such application.
A duplicate original of the application and stock list pursuant to which
such license was granted shall be available at all times to the Superintendent
of the Building Department or to his inspectors, and the licensee shall permit
such inspectors to examine all merchandise on the premises for comparison
with such stock list.
A.
At the close of business each day the stock list attached
to such application shall be revised and items on such list disposed of during
such day shall be noted thereon.
B.
Suitable books and records as prescribed by the Superintendent
of the Building Department shall be kept by the licensee and shall be available
at all times to the inspectors of the Department.
Upon commencement of any sale and for the duration thereof, the license
therefor shall be displayed on the premises, but such license shall be displayed
only in its original form.
All advertising shall be descriptive of the nature of such sale as stated
in the application therefor. The language in such advertising shall be identical
with the advertising matter set forth in the original or renewal application.
A.
It shall be unlawful to indicate in such advertising,
either directly or indirectly, that such sale is held with the approval of
the Superintendent of the Building Department or the Incorporated Village
of Garden City, and no reference shall be made to such license in any form
of advertising, promotion or display.
B.
Misrepresentations prohibited. No licensee shall make
or cause to be made any assertion, representation or statement of fact in
such advertising which is untrue, deceptive or misleading. No licensee, in
an effort to sell merchandise, shall make or cause to be made any oral assertion,
representation or statement of fact which is untrue, deceptive or misleading.
No person shall, upon the conclusion of any sale as defined herein,
continue to conduct a business or business operation of the same or similar
nature as that for the discontinuance of which such license was issued at
the same premises, nor within one year after the conclusion of such sale resume
such business at such same premises.
The following persons shall be exempt from the provisions of this chapter:
