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City of Glen Cove, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981 by L.L. No. 1-1981 as Ch. 16, Arts. V and X, of the 1981 Code. Amendments noted where applicable.]
Garage sales — See Ch. 162.
As used in this chapter, unless the context or subject matter otherwise requires, the following words and terms shall mean and be construed as follows:
A license issued pursuant to this chapter.
Any person to whom a license has been issued pursuant to this chapter.
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.
The sale 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, creditors' 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 close out sale, creditors' committee sale, forced-out-of-business sale, removal sale and any and all sales advertised in such manner as to reasonably indicate to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued.
The City Clerk is hereby authorized and empowered to supervise and regulate sales or special sales defined herein and to issue an appropriate license or licenses therefor.
Form. A license required hereunder shall be issued in the discretion of the City Clerk upon a written application, 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 statements as the City Clerk may require to fully explain any of the required information.
Action upon application. After referral to the Chief of Police for investigation and recommendations, if the City Clerk is satisfied that the applicant is entitled to a permit under this chapter and with the form and content of the advertising, he or she may then issue a license permitting the publication and conduct of such sale.
Term. A license issued hereunder shall be effective for a period not exceeding 30 days.
Fee. The fee for the license required herein shall be as set forth from time to time by the City Council.[1]
[Amended 12-27-1994[2]]
Editor's Note: The fee schedule is on file in the city offices.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No such license shall be issued to any applicant for a sale that is to be advertised in such a 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.
Upon commencement of any sale as herein defined, the license issued by the City Clerk shall be prominently displayed near the entrance to the premises.
A duplicate original of the application and stock list, pursuant to which a license was issued, shall at all times be available to the Chief of Police.
Generally. 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 matter or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the City of Glen Cove.
Required content. Such advertising shall contain a statement in these words and no other: "Sale held pursuant to Permit No. _____________ of the City of Glen Cove, granted the ______ day of __________________;" and in such blank spaces shall be indicated the permit number and the requisite dates.
The City Clerk shall make such rules and regulations for the conduct and advertisement of such sale or special sale as in his or her opinion shall serve to prevent deception and to protect the public.
The provisions of this chapter 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.
A violation of any provision of this chapter shall be punishable as provided for in General Business Law § 594.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).