[HISTORY: Adopted by the Village Board of the Village of Port Chester: Art. I, 5-3-1954. Amendments noted where applicable.]
The following words and terms as used in this article, respectively, shall be deemed to mean and be construed as follows:
- CHIEF OF POLICE OF THE VILLAGE OF PORT CHESTER, NEW YORK
- The Chief of Police of the Village of Port Chester, New York, or such member of the Police Department of said village who shall be designated by said village to act as Chief of Police in the absence of the duly appointed Chief of Police.
- A license issued pursuant to this article.
- Any person to whom a license has been issued pursuant to this article.
- One or more persons of either sex, firm, partnership or corporation.
- The sale or any 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 conclusion or abandonment of the business in connection with such sale and any and all other sales advertised or conducted 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.
- VILLAGE CLERK
- The Village Clerk of the Village of Port Chester, New York.
No person shall hereafter publish or conduct any sale of the type herein defined without a license therefor.
The Village Clerk is hereby authorized and empowered to supervise and regulate sales or special sales defined in § 264-1 and to issue appropriate license or licenses therefor. Such license or licenses shall be issued in the discretion of the Village Clerk on the written application in a form approved by the Village Clerk 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 in any advertisement. Such application shall further contain an itemized list of the goods, wares and merchandise to be offered for sale, the source from which such stock was purchased or acquired, together with the dates of purchase of each article and, if not purchased, the manner of such acquisition. Such application shall also specifically state that ownership of the items or articles to be offered for sale is vested solely in the applicant. Said application shall further contain representations that it is the applicant's intention to discontinue the said business in the Village of Port Chester immediately upon the expiration of the license applied for or upon the expiration of the period for which a renewal of said license is issued and that the applicant will discontinue the said business immediately upon expiration of the license applied for or the expiration of the period for which a renewal of said license is issued. The inventory shall be verified by the applicant if he be an individual, by one of the partners if a partnership or by a duly authorized officer if a corporation. Such application shall contain such additional information as the Village Clerk may require. On receipt of such application and payment of the fee hereinafter prescribed, the Village Clerk shall cause the application to be examined and the statements therein investigated. If after such investigation the Village Clerk is satisfied as to the truth of the statements contained in such application and as to form and content of the advertising to be used in connection with such sale, he may then issue a license permitting the publication and conduct of the sale; provided, however, that such license shall not be issued until the lapse of five days from the time of the filing of the application with the Village Clerk. Such license shall be for a period not exceeding 30 days, except that, upon satisfactory proof by the licensee that the stock 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. Such proof for a renewal license shall be furnished in a form to be issued by the Village Clerk. Said renewal application shall contain an itemized list of stock on hand and the same shall be verified by the applicant. The Village Clerk shall cause the renewal application to be examined and the statements therein investigated, and, if satisfied as to the truth of the statements therein contained, the Village Clerk may issue a renewal license for a period not exceeding 30 days.
The Village Clerk is further empowered to make such rules and regulations for the advertisement and conduct of such sales or special sale as in his opinion will serve to prevent deception and to protect the public.
The Village Clerk shall have power upon recommendation of the Chief of Police to suspend or revoke at any time for cause any license granted in accordance with this article.
[Amended 11-3-1997 by L.L. No. 17-1997]
On 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 a fee as set forth in Chapter 175, Fees. If any application or renewal application be disapproved, said payment shall be forfeited to the Village Clerk of the Village of Port Chester, as and for the cost of investigating the statements contained in such application or renewal application.
On commencement of any sale, as hereinbefore defined, the license issued by the Village Clerk 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, and the licensee shall permit the Village Clerk to examine all merchandise in the premises for comparison with such stock list. 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 manner or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the Village Clerk. Such advertising shall contain a statement in these words and no others: "Sale held pursuant to License No. ..... issued by the Village Clerk of the Village of Port Chester, on the .......... day of ........., 19 .....," and such blank spaces shall be indicated by the license number and the date of issuance of the license. Suitable books and records as prescribed by the Village Clerk shall be kept by the licensee and they shall at all times be available to the Village Clerk. At the close of the business day, the stock list attached to the application shall be revised and those items disposed of during each day shall be so marked on such list. No additional merchandise shall be added to the stock in the establishment of the licensee after issuance of the first license.
Any person who shall publish or conduct any sale or sales pursuant to license or renewal of license issued under this article shall discontinue the operation of the said business in the Village of Port Chester upon the expiration of the license or the expiration of any renewal of said license.
The provisions of this article shall not apply to or affect the following persons:
The Chief of Police shall render such aid and assistance to the Village Clerk as the latter may require in the administration and enforcement of this article.
Any person who shall violate or who shall neglect or refuse to comply with any of the provisions of this article, shall, upon conviction thereof, be punished by a fine of not more than $25, or by imprisonment not exceeding five days, or by both such fine and imprisonment. Each day such violation continues shall be considered as a separate violation, and punishable as such.