[HISTORY: Adopted by the City Council of the City of Watertown as indicated in article histories. Amendments noted where applicable.]
Businesses and trades — See Ch. 112.
Article I Liquidation Sales
[Adopted as Ch. 44 of the 1949 Code]
[Amended 12-1-1986 by L.L. No. 1-1986]
When used in this chapter, unless otherwise expressly stated, the following words and terms shall have the meanings indicated:
- ADVERTISE or ADVERTISEMENT
- Any and all means of conveying to the public notice of liquidation sale or of intention to conduct a liquidation sale, whether by word of mouth, newspaper advertisement, magazine advertisement, handbill, written notice, printed notice, printed display, billboard display, poster, radio announcement, television and any and all means, including oral, written or printed.
- LIQUIDATION SALE
- Any sale of goods, wares or merchandise, at retail or at auction, that is represented as an insurance, railway wreck, adjuster bankrupt's, insolvent's, assignee's, trustee's, executor's, administrator's, estate's, receiver's or going-out-of-business or liquidation sale or as a smoke, fire, water or similar damage sale.
No person shall advertise or conduct any liquidation sale without first having secured a license therefor as provided in this chapter and in Chapter 112.
[Amended 12-16-2013 by L.L. No. 1-2013]
Application for a license shall be made in writing pursuant the requirements of § 583 of the New York General Business Law, as the same may, from time to time, be amended.
No license shall be issued hereunder, except to the real party or parties in interest as owners of the goods, wares and merchandise to be sold at such liquidation sale.
No license shall be issued for a bankruptcy, insolvent's or going-out-of-business sale to any person who has been in business for less than six months, except that the City Manager in his discretion may waive the requirements of this section in any bona fide case where the application thereof would cause undue hardship.
Such license shall be for a period of one month, to be specified in such license, and may be renewed for one additional period of one month upon payment of another fee for such renewal period, provided that only one license shall be issued to any person within a twelve-month period, and no such license shall be issued for less than one month nor renewed so as to be in effect for more than two consecutive months.
No person shall sell, offer or expose for sale at any liquidation sale or list on any inventory attached to or made a part of an application for license as required hereunder any goods, wares or merchandise which are not the regular stock of the store or stores, the business of which is to be liquidated by such sale in the City, or make any replenishment or additions to such stock of goods, wares or merchandise for the purpose of such sale or during the time thereof or fail, neglect or refuse to keep accurate records of the articles or things sold from which records the City Manager may ascertain the kind, quantity, number or value sold.
A duplicate original of the application and inventory pursuant to which such license was granted shall be available at all times to the City Manager, and the licensee shall permit the City Manager to examine all merchandise on the premises for comparison with such inventory.
No person shall in any way interfere with the City Manager in verifying the details of any inventory filed with or as a part of an application for a license required hereunder or in checking or verifying the articles or things sold during a liquidation sale, and no person shall neglect, fail or refuse to give the City Manager any and all facts relevant to the inventory or goods, wares and merchandise sold or to be sold or any other information that may be required in order to make a thorough investigation of all facts connected with the sale.
No person shall employ or cause to be employed any untrue, deceptive or misleading advertising in connection with any liquidation sale. No person shall, directly or indirectly, indicate in any advertising for any liquidation sale that the same is held with the approval of the City or the City Manager.
Nothing contained in this chapter shall be construed to apply to judicial sales or to sales by public officers in the manner prescribed by law or by persons acting pursuant to an order of the process of a court of competent jurisdiction nor to a sale conducted by a going concern as a reduction-of-merchandise sale or as a seasonal sale or as a special offer of merchandise.
Every 24 hours during which any violation of or failure to comply with the provisions of any of the foregoing sections of this chapter shall continue shall be deemed a separate violation of the respective section.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both.
[Added 12-1-1986 by L.L. No. 1-1986]