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:
LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person to whom a license has been issued pursuant to this chapter.
PUBLISHED, PUBLISHING, ADVERTISEMENT, ADVERTISING
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.
SALE
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.
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.
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:
A. Persons acting pursuant to an order or process of a court
of competent jurisdiction.
B. Persons acting in accordance with their powers and duties
as public officers, such as sheriffs and marshals.
C. 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.