[HISTORY: Adopted by Common Council of City of North Tonawanda 12-15-1964, effective 1-1-1965.]
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The City of North Tonawanda, New York.
The City Clerk of the City of North Tonawanda, New York.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such a manner as to reasonably cause the
public to believe that upon the disposal of the stock of goods on
hand the business will cease and be discontinued, including but not
limited to the following sales: adjuster's, adjustment, alteration,
assignee's, bankrupt benefit of administrators, benefit of creditors,
benefit of trustees, building coming down, closing, creditor's
committee, creditor's and executor's, final days, forced
out, forced-out-of-business, insolvents, last days, lease expires,
liquidation, loss-of-lease, mortgage sale, receiver's, trustee's,
quitting business.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location in the city or will then discontinue business from other
existing locations in the city. Such a person may, however, go out
of business in the lieu of removal.
A license issued by the City Clerk shall be obtained by any
person before selling or offering to sell any goods at a sale to be
advertised or held out by any means to be one of the following kinds:
A.Â
Established
business requisite. Any person who has not been the owner of a business
advertised or described in the application for a license hereunder
for a period of at least six months prior to the date of the proposed
sale shall not be granted a license. A business formed within a six-month
period, however, shall be included, on proving financial difficulty.
B.Â
Exception
for survivors of businessmen. Upon the death of a person doing business
in this city, his or her heirs, devisees or legatees shall have the
right to apply at any time for a license hereunder.
Any person who has held a sale as regulated hereunder at the
location stated in the application within one-year last past from
the date of such application shall not be granted a license, excepting
fire and other altered goods sales.
Where a person applying for a license hereunder operates more
than one place of business, the license issued shall apply only to
the one store or branch specified in the application, and no other
store or branch shall advertise or represent that it is cooperating
with it or in any way participating in the licensed sale, nor shall
the store or branch conducting the licensed sale advertise or represent
that any other store or branch is cooperating with it or participating
in any way in the licensed sale, unless the conditions of sale exist
at the other location and licenses have been obtained thereupon.
The provisions of this ordinance shall not apply to or affect
the following persons:
A.Â
Persons
acting pursuant to an order or process of a court of competent jurisdiction.
B.Â
Persons
acting in accordance with their powers and duties as public officials.
D.Â
Persons
conducting a sale of the type regulated herein on the effective date
of this ordinance, unless such sale is continued for a period of more
than 30 days from and after such effective date, in which event such
persons, at the lapse of the said thirty-day period, shall comply
with the provisions of this ordinance.
E.Â
Any
publisher of a newspaper, magazine or other publication who publishes
in good faith any advertisement without knowledge of its false, deceptive
or misleading character, or without knowledge that the provisions
of this ordinance have not been complied with.
A person desiring to conduct a sale regulated by this ordinance
shall make a written application to the City Clerk setting forth and
containing the following information:
A.Â
The
true name and address of the owner of the goods to be the object of
the sale.
B.Â
The
true name and address of the person from whom he purchased the goods
to be sold and the price therefor, and if not purchased, the manner
of such acquisition.
C.Â
A
description of the place where such sale is to be held.
D.Â
The
nature of the occupancy, whether by lease or sublease, and the effective
date of the termination of such occupancy.
E.Â
The
dates of the period of time in which the sale is to be conducted.
F.Â
A
full and complete statement of the facts in regard to the sale, including
the reason for the urgent and expeditious disposal of goods thereby
and the manner in which the sale will be conducted.
G.Â
The
proposed means to be employed in advertising such sale, together with
the proposed contents of any advertisement.
H.Â
A
complete and detailed inventory of the goods to be sold at such sale,
as disclosed by the applicant's records. Said inventory shall
be attached to and become part of the required application.
(1)Â
All goods included in such inventory shall have been purchased by
the applicant for resale on bona fide orders without cancellation
privileges and shall not comprise goods purchased on consignment.
(2)Â
Such inventory shall not include goods ordered in contemplation of
conducting a sale regulated hereunder. Any unusual purchase or additions
to the stock of goods of the business hereby affected, 30 days before
the filing of an application hereunder, shall be deemed to be of such
character.
Any applicant for a license hereunder shall submit to the City
Clerk with his application a license fee of $25. Any applicant for
a renewal license hereunder shall submit to the City Clerk with his
renewal application a renewal license fee of $10.
A license shall be issued hereunder on the following terms:
A.Â
Licensing
period. The license shall authorize the sale described in the application
for a period of not more than 30 consecutive days, Sundays and holidays
excluded, following the issuance thereof.
B.Â
Renewal
procedure. The City Clerk shall renew a license for one period of
time only, such period to be in addition to the 30 days permitted
in the original license and not to exceed 30 consecutive days, Sundays
and holidays excluded, when he finds:
(1)Â
That facts exist justifying the license renewal.
(2)Â
That the licensee has filed an application for renewal.
(3)Â
That the licensee has submitted with the application for renewal
a revised inventory showing the items listed on the original inventory
remaining unsold and not listing any goods not included in the original
application and inventory.
(a)Â
For the purposes of this subsection, any application for a license
under the provisions of this ordinance covering any goods previously
inventoried as required hereunder shall be deemed to be an application
for renewal, whether presented by the original applicant or by any
other person.
C.Â
Nature
of sale. The license shall authorize only the one type of sale described
in the application at the location named therein.
D.Â
Saleable
goods. The license shall authorize only the sale of goods described
in the inventory attached in the application.
E.Â
Nontransferability.
Any license herein provided for shall not be assignable or transferable.
A licensee hereinunder shall:
A.Â
Adhere to inventory. Make no additions whatever, during the period
of the licensed sale, to the stock of goods set forth in the inventory
attached to the application for license.
B.Â
Advertise properly. Refrain from employing any untrue, deceptive
or misleading advertising.
C.Â
Adhere to advertising. Conduct the license sale in strict conformity
with any advertising or holding out incident thereto.
D.Â
Keep duplicate inventory. Keep available at the place of sale a duplicate
copy of the inventory submitted with the application and shall present
such duplicate to inspecting officials upon request.
E.Â
Segregate noninventoried goods. Keep any other goods separate and
apart from the goods listed in the filed inventory as being objects
of sale and shall make such distinction clear to the public by placing
tags on all inventoried goods in and about the place of sale apprising
the public of the status of all such goods.
Any person who shall violate or who shall neglect or refuse
to comply with this ordinance or any of the provisions thereof shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not more than $50, or by imprisonment not
exceeding 60 days or both such fine and imprisonment; and each day
of violation shall constitute a separate offense and be subject to
punishment as such.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
If any section, subdivision, paragraph or provision of this
ordinance shall be adjudged to be invalid, such adjudication shall
apply to such portion thereof so expressly adjudged invalid, and the
remainder of this ordinance shall be deemed to be in all respects
valid and effective.
This ordinance shall become effective January 1, 1965.
