[HISTORY: Adopted by the Board of Trustees of the Village of Laurel
Hollow 3-21-1983 as L.L. No. 2-1983. Amendments
noted where applicable.]
GENERAL REFERENCES
Advertising and handbills — See Ch. 5.
Peddling and soliciting — See Ch. 88.
A.
No person, firm or corporation shall sell personal or
real property by public auction intended to be conducted or managed by any
person who acts in the capacity of auctioneer, whether or not licensed, without
first having applied for and procured a written license therefor from the
Mayor or any other village officer so designated, in writing, by the Mayor
or Village Board.
B.
This Article shall not apply to sales by public officers.
A.
Application for such license shall be written and verified
in a letter or other form required by the village, executed by the applicant
and filed with the Village Clerk not less than twenty (20) days before the
date of the proposed public auction. The application shall be accompanied
by payment of a license fee of one hundred dollars ($100.) per day or part
thereof that the auction sale may be in progress. Such application shall substantially
set forth the following information:
(1)
Name of the persons, firm, group, corporation, association
or organization conducting said sale.
(2)
Name of the owner of the property on which said sale
is to be conducted, and the consent of the owner if the applicant is other
than the owner.
(3)
Location at which the sale is to be conducted. (4) Number
of days of the proposed sale.
(4)
If real property is intended to be sold, the Nassau County
Land and Tax Map designation and the street number of said premises.
(5)
A general description of the personal property or merchandise
offered for sale and whether any of said property was brought into the premises
specifically for purposes of sale.
(6)
Proof of satisfactory insurance coverage.
B.
Such license shall not be issued to any applicant who,
in the judgment of the Mayor, is likely to disturb the peace and order of
the village or if the granting of such license may adversely affect the health,
safety or welfare of village residents. Any applicant who shall be refused
such license by the Mayor may apply, in writing, to the Village Board for
a prompt hearing, at which hearing the license may be granted or refused by
the Board. At such hearing, the applicant may be represented by counsel and
minutes may be taken and transcribed at the applicant's expense. Before
such hearing, the applicant shall deposit a sum sufficient, not exceeding
two hundred fifty dollars ($250.), to secure payment of the stenographic transcript
of the hearing for the village and the applicant. If the applicant waives,
in writing, the taking of the minutes, no deposit need be made.
It shall be unlawful to conduct any sale of personal property or real
property at a public auction, with or without a license, except between the
hours of 9:00 a.m. and 4:00 p.m., nor shall any personal property of whatever
kind or description be brought into any premises within the village for the
purpose of sale or exposure for sale at any public auction.
All sales of personal property and real property at a public auction
shall be conducted indoors, that is, within the premises where the sale is
advertised. Every article of personal property sold by public auction shall,
if practicable, be removed by sunset on the day of such sale or not later
than the following day. No personal property shall be displayed or sold at
or near the front entrance of the premises where the sale is intended to be
conducted, nor on the front lawn or front portion of said premises or upon
any village property.
It shall be unlawful to employ any means of attracting the attention
of purchasers, other than a sign or flag approved by the Mayor, or any other
village officer so designated by the Mayor, at any premises where an auction
sale is conducted or intended to be conducted or in any place within the confines
of the village. No food or drink shall be sold or dispensed at any auction
sale.
The Village Board may waive the payment of a license fee for the issuance
of a license for the conduct of a sale by public auction which has as its
objective the solicitation of funds, gifts or contributions for charitable,
religious or educational purposes, provided that a license is duly applied
for, notwithstanding that an exemption may be granted in the applicant's
favor.
Nothing herein contained shall affect, limit or curtail the right of
private sale of property, real or personal, which sale does not otherwise
conflict with the provisions of this Article.
The person to whom such license is issued and the owner or tenant of
the premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of such sale or activity. No such person shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the orders of any member of the Village
of Laurel Hollow Police Department or the Fire Department in order to maintain
the public health, safety and welfare.
As used in this Article, the following terms shall have the meanings
indicated:
Includes all home sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale" or any similar type sale of tangible
personal property, whether or not conducted in a garage, which sale is advertised
or otherwise made known by any means whereby the public is or can be made
aware of said sale, whether or not published in any advertising medium or
newspaper.
Includes any goods, wares, merchandise or other personal property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
A.
It shall be unlawful for any person to conduct a garage
or home sale of tangible personal property in the village without first having
procured a license therefor. Such application shall be written and verified
in letter or other form required by the village and shall be filed with the
Village Clerk not less than twenty (20) days before the proposed garage sale.
Such application shall set forth the following information:
(1)
Name of the persons, firm, group, corporation, association
or organization conducting said sale.
(2)
Name of the owner of the property on which said sale
is to be conducted, and the consent of the owner if the applicant is other
than the owner.
(3)
Location at which the sale is to be conducted.
(4)
Number of days of the proposed sale.
(5)
Relationship or connection the applicant may have had
with any other person, firm, group, organization, association or corporation
conducting any past sale and the date or dates of such sale.
(6)
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
(7)
A general description of the property offered for sale.
(8)
A statement to the effect that no outside merchandise
will be offered for sale.
(9)
Proof of satisfactory insurance coverage.
B.
The fee for such license shall be twenty-five dollars
($25.).
C.
Charitable, religious and civic associations may be granted
a license, to be duly applied for, without payment of the license fee, if
approved by the Village Board.
A.
Only two (2) such licenses shall be issued for any one
location in any calendar year.
B.
No such license shall be issued for more than three (3)
consecutive calendar days.
C.
Each license issued under this Article must be prominently
displayed on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
All garage sales shall be conducted between the hours of 9:00 a.m. and
4:00 p.m. The sale shall be conducted indoors. No merchandise shall be displayed
or sold at or near the front entrance of the premises where the sale is intended
to be conducted, nor on the front lawn or front portion of said premises or
upon any village property.
No more than four (4) signs advertising such sale, each of which is
no larger than twenty-four by twelve (24 x 12) inches in size, shall be permitted.
All such signs must contain the name and address of the person conducting
the sale. Said signs must be removed within twenty-four (24) hours after completion
of the sale. Upon the granting of any license hereunder, the applicant shall
be required to deposit the sum of fifty dollars ($50.) with the Village Clerk
in order to insure the prompt removal of any signs.
The provisions of this Article shall not apply to or affect the following
persons or sales:
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen
(15) days, or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.