[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.]
GENERAL REFERENCES
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.
A.
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.
B.
Contents.
(1)
Such application shall contain:
(a)
A description of the place where such sale is to be held.
(b)
The nature of the occupancy.
(c)
Whether by lease or sublease and the effective date of
termination of such occupancy.
(d)
The means to be employed in publishing such sale, together
with the proposed language content of any advertisements.
(3)
Such application shall contain any additional statements
as the City Clerk may require to fully explain any of the required information.
C.
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.
D.
Term. A license issued hereunder shall be effective for
a period not exceeding 30 days.
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.
A.
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.
B.
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:
