[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.]
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.
A.
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.
B.
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.
A.
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.
B.
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]
[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.