Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted 5-22-1967 by Art. IV of Ch. 12 of the 1967 Code]
The following words and terms as used in this article shall have the meanings respectively ascribed:
A license issued pursuant to this article.
Any person to whom a license has been issued pursuant to this article.
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.
A sale of 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, windup, 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," "creditors' 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 is hereby authorized and empowered to supervise and regulate sales or special sales defined herein and to issue the appropriate license or licenses therefor.
No license hereunder shall be issued to any applicant for a sale that is 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 unless such applicant, for one year prior to the date of such application, has conducted a bona fide business at the place where application for such sale is being made.
Contents. The license or licenses required as provided in this article shall be issued in the discretion of the Village Clerk upon 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 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 shall require.
Action upon application. If the Village Clerk 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 may then issue a license permitting the publication and conduct of such sale.
A license issued as provided for in this article shall be for a period not exceeding 30 days.
Licenses issued as provided for in this article may be renewed upon application to the village therefor; provided, however, that any such license so renewed shall be of not more than 30 days' duration; provided, further, that any such license may not be renewed more than two times.
[Amended 1-7-1991 by L.L. No. 1-1991]
The fee for a license or renewal required by the terms of this article shall be as provided in Chapter A350, Fees.
Upon commencement of any sale regulated herein, 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.
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 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 to the effect that the sale is held pursuant to Permit No. ________ of the Village of Massapequa Park, granted the ________ day of _________, and in such blank spaces shall be indicated the permit number and the requisite dates.
The Village Clerk shall be empowered to make such rules and regulations for the conduct and advertisement of a sale regulated hereunder as in his opinion will serve to prevent deception and to protect the public.
The provisions of this article 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.
Duly licensed auctioneers, selling at auction.