Village of Cedarhurst, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 9, Art. VII, of the 1964 Code of Ordinances. Amendments noted where applicable.]
Auctions — See Ch. 84.
Handbills, posters and advertisements — See Ch. 150.
The following words and terms as used in this chapter shall be deemed to mean and be construed as follows:
A license issued pursuant to this chapter.
Any person to whom a license has been issued pursuant to this chapter.
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 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, wind-up 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, trustee's 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 closeout 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 the disposal of the stock of goods on hand, the business will cease and be discontinued.
The Village Clerk-Treasurer is hereby authorized and empowered to supervise and regulate sales or special sales defined herein and to issue the appropriate license or licenses therefor.
The Village Clerk-Treasurer is further empowered to make such rules and regulations for the conduct and advertisement of such sale or special sale as, in his or her opinion, will serve to prevent deception and to protect the public.
Contents. The license or licenses referred to in § 199-2 shall be issued in the discretion of the Village Clerk-Treasurer upon the written application, in a form approved by the Village Clerk-Treasurer and verified by the person who or by an officer of the corporation which intends to conduct such sale. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy, the means to be employed in publishing such sale, together with the proposed language content of any advertisements. Such application shall further contain, as part thereof, 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. Such application shall contain any additional information as the Village Clerk-Treasurer may require.
Action upon application. If the Village Clerk-Treasurer 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 or she may then issue a license permitting the publication and conduct of such sale.
A license issued as provided for herein shall be for a period not exceeding 30 days, except that upon satisfactory proof by the licensee that the stock itemized in the original application has not been disposed of, the Village Clerk-Treasurer may renew such license for an additional thirty-day period, upon payment of the prescribed renewal fee. Such proof for a renewal license shall be furnished in a form to be issued by the Village Clerk-Treasurer. Said renewal application shall contain an itemized list of stock on hand and the same shall be verified by the applicant. The Village Clerk-Treasurer, if satisfied as to the truth of the statements therein contained, may issue a renewal license for a period not exceeding 30 days.
[Amended 7-11-1983 by L.L. No. 16-1983]
Upon 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-Treasurer a fee as set by the Board of Trustees by resolution of majority vote of its members present at a Board meeting.[1]
Editor's Note: The fee schedule is on file in the village offices.
Upon commencement of any sale, as herein defined, the license issued by the Village Clerk-Treasurer 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-Treasurer.
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 matter or form whatsoever either directly or indirectly indicate that such sale is held with the approval of the Village Clerk-Treasurer. Such advertising shall contain a statement in these words and no other: "Sale held pursuant to Permit No. ______ of the Village of Cedarhurst, granted the _________ day of ________" and in such blank spaces shall be indicated the permit number and the requisite dates.
The provisions of this chapter shall not apply to or affect the following persons:
Persons acting pursuant to an order or process of a court of competent jurisdiction;
Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals.[1]
Editor's Note: Former Subsection C, Duly licensed auctioneers selling at auction, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).