City of Troy, NY
Rensselaer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Troy as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1973 as Art. II of Ch. 18 of the 1973 Code]
As used in this article, the following terms shall have the meanings indicated:
The sale or offer to sell, by any person, firm or corporation, or by agents or employees thereof, to the public, any goods, wares or merchandise, of any kind and all kinds and descriptions and of any nature whatsoever, in connection with the declared purpose, as set forth by any form of 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 include any and all sales advertised in such a manner as to reasonably convey to the public the impression that upon disposal of the stock of goods on hand, the business will permanently cease and be discontinued.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The City Clerk or his/her delegated agent is hereby authorized and directed to supervise and regulate the sales as defined in this article. The City Clerk may make such rules and regulations for the advertisement and conduct of such sales as in his/her opinion will serve to prevent deception and to protect the public.
A duplicate original of the application and stock list, pursuant to which a license was granted under this article, shall be available at all times to the City Clerk or to his/her inspectors, and the licensee shall permit such inspectors to examine all merchandise on the premises for comparison with such stock list.
At the close of business each day, the stock list attached to such application shall be revised, and items on such list disposed of during such day shall be noted thereon. Suitable books and records, as prescribed by the City Clerk, shall be kept by the licensee and shall be available for inspection at all times to the inspectors of the City Clerk.
It shall be unlawful for any licensee under this article to bring upon, or cause to be brought upon, the premises described in § 237-8, any goods, wares or merchandise not shown or otherwise accounted for in the application for such license with intent to advertise, sell or offer for sale such goods, wares or merchandise to the public.
All advertising shall be descriptive of the nature of the sale, as stated in the application thereof. The language in such advertising shall be identical with the advertising content as indicated in the application. It shall be unlawful for any person to indicate in such advertising, either directly or indirectly, that such sale is held with the approval of the City or any of its officers or employees. Such advertising shall contain a statement in the following words and no others:
"This sale held pursuant to City License No. __________, granted the __________ day of __________." (In such blank spaces the license number and the requisite dates shall be indicated.)
The following persons shall be exempt from the provisions of this article:
Persons acting pursuant to an order of the process of a court of competent jurisdiction.
Sheriffs and marshals acting in accordance with powers and duties as public officers.
It shall be unlawful for any person, or any agent or employee thereof, to advertise or conduct any sale of the type defined in this article without first securing a license therefor, which license shall be known and designated as "Going-Out-of-Business License," from the City Clerk.
Application for a license required by this article shall be in writing and shall be verified under oath. Such application shall contain:
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease, sublease or otherwise, and the effective date of the termination of such occupancy by the applicant for such license.
The means to be employed in advertising such sale, together with a proposed content of any advertisement.
An itemized list of goods, wares or merchandise to be offered for sale, including all merchandise then contracted for or en route to such application but not yet in his/her possession.
The place where such stock was purchased or acquired and, if not purchased, the manner of such acquisition.
Any additional information relating to the sale as the City Clerk may deem necessary.
A statement that the representations made in such application are bona fide and that the license applied for is accepted and acknowledged by the applicant as being issued by the City in reliance upon such representations.
Upon filing an application for an original or renewal license under this article to advertise and conduct a sale, the applicant shall pay to the City Clerk a fee of $25. If any application be disapproved, such payment shall be retained by the City to defray the cost of investigating the statements contained in such application.
Upon the filing of the application for a license under this article, the City Clerk, after investigation thereof, may issue such license, in his/her discretion, for a period not exceeding 30 days.
Upon satisfactory proof by the licensee that the stock itemized in the original application for a license under this article has not been disposed of, and upon payment of an additional fee as provided in this article, the City Clerk may renew such license for an additional fifteen-day period. Such proof shall be furnished on a form supplied by the City Clerk. It shall contain an itemized list of stock on hand and shall be verified under oath. The City Clerk shall cause the same to be examined and investigated and, if satisfied as to the truth of the statements therein contained, he/she may issue a renewal license for a period not exceeding 15 days; provided, however, that a maximum of two such renewals may be granted for any such sale for the same location.
Upon commencement of any sale, the license therefor shall be conspicuously displayed near the entrance to the premises.