[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook as Ch. 14, Art. IV, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 72.
Garage sales — See Ch. 135.
Licenses — See Ch. 153.
Dealers in secondhand merchandise — See Ch. 195.
Signs — See Ch. 203.
As used in this chapter, the following terms shall have the meanings indicated:
LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person to whom a license has been issued pursuant to this chapter.
PUBLICATION, PUBLISHING, AND ADVERTISEMENT AND ADVERTISING
Includes any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, either by word of mouth, by newspaper advertising, by magazine advertising, by handbills, by written notice, by printed notice or by any or all means, oral, written or printed.
SALE
The sale or an offer to sell to the public any goods, wares and merchandise, of any and all kinds and descriptions, on hand and in stock, in connection with the declared purpose as set forth by advertisement 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. "Sale" shall also mean any sale advertised to be a "retirement sale," "forced-out-of-business sale," "removal sale," "loss-of-lease sale," "business-discontinuance sale," "building removal sale," "liquidation 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, said business will cease to operate and will be discontinued. The term "sale" shall also include the sale or offer to sell to the public goods, wares and merchandise of any and all kinds and description which are described or referred to by advertisement on the part of the seller as smoke-, fire-, water- or similarly damaged goods, wares or merchandise of any nature or description and which "sale" shall, by representation or advertisement, be intended to lead the public to believe that the person conducting such sale is selling such goods, wares or merchandise at a price less than the current or retail price thereof. All the provisions, requirements and conditions of this chapter relating to sales occasioned by the intention of discontinuing business shall be equally applicable to any such "sales" advertised or conducted as a sale of smoke-, fire-, water- or similarly damaged goods which may be conducted apart from any intention to discontinue business.
No person shall publish or conduct any sale of the type set forth and defined in § 192-1 without first securing a license as provided herein.
The license provided for in this chapter shall not be required for nor shall it affect the following persons:
A. 
Any person acting pursuant to an order or process of any court of competent jurisdiction.
B. 
Any person acting in accordance with his powers and duties as a public officer, such as a sheriff, marshal or constable.
C. 
Any person conducting bankruptcy sales pursuant to an order of any court of competent jurisdiction.
Application for a license hereunder shall be made to the Village Clerk upon forms to be supplied to the applicant for that purpose and shall contain a statement signed and sworn to by the applicant in person, if an individual, by a member, if a partnership, or by an officer of the corporation, if a corporation, applying for such license, which statement shall contain the following:
A. 
Location of sale. A description of the place where such sale is to be held, setting forth the street number and street, if any.
B. 
Nature of occupancy. The nature of the occupancy, whether by lease or sublease, and the termination date of such lease or sublease.
C. 
Advertising. The manner or means to be employed in publicizing or advertising such sale, together with the proposed language to be contained in any advertisement.
D. 
Inventory. An itemized list of the goods, wares and merchandise to be offered for sale, the place where such goods, wares and merchandise were purchased or acquired and, if not purchased, the manner in which they were acquired.
E. 
Additional information. Such additional information as may be required or determined by the Board of Trustees from time to time.
Upon receipt of the application prescribed in § 192-4 and the fees prescribed in § 192-7, the Chief of Police shall cause same to be examined and investigated. If such investigation bears out the statements contained in the application, then the Village Clerk may issue a license permitting the publication, advertisement and conduct of such sale.
[Amended 3-7-1977 by L.L. No. 2-1977]
A license to conduct a sale, as defined in this chapter, shall be for a period not exceeding 30 days, except that, upon satisfactory proof by the licensee that the stock itemized 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, which shall be in the same amount as the prescribed initial fee.
[Amended 3-7-1977 by L.L. No. 2-1977]
Upon the filing of the application for a license or the renewal of a license to advertise and conduct a sale or special sale as herein defined, the applicant shall pay to the Village Clerk the sum of $100.
Upon the commencement of any sale as defined in this chapter, the license shall be prominently displayed near the entrance to the premises where said sale is to be conducted.
A duplicate original of the application for license and the stock list pursuant to which a license is issued hereunder shall be at all times available to the Chief of Police or his representative or to any other person designated by the Board of Trustees and the licensee shall permit an inspection of all the merchandise in the premises.
Suitable books and records shall be kept by the licensee and shall at all times be available for inspection by the Chief of Police or his authorized representative or by any other person designated by the Board of Trustees.
In the course of business each day the stock list attached to the application for license hereunder shall be revised, and those items of goods, wares or merchandise that have been sold or disposed of during such day shall be so indicated thereon, and no other goods, wares or merchandise shall be added to said list.