[HISTORY: Adopted by the Board of Trustees of the Village of New Hartford as Ch. 37 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 76.
A. 
It shall be unlawful for any person, firm or corporation to advertise or conduct any sales of goods, wares and/or merchandise at retail that is represented as a bankrupt, insolvent, assignee, adjusters, trustees, executors, administrators, receivers, wholesalers, jobbers, manufacturers, closing-out, liquidation, closing-stock, fire or water or other damage sale or any other sale which is by representation or advertising intended to lead the public to believe that the person, firm or corporation conducting such sale is selling out or closing out said goods, wares and/or merchandise of any business for less than the current or going retail price thereof in the Village of New Hartford without first filing with the Village Clerk the inventory hereinafter provided for and obtaining from the Mayor of the Village a license so to do, which shall be signed by the Mayor, countersigned by the Village Clerk, and without first having paid the fee required to the Treasurer of the Village and an endorsement to that effect placed upon the license.
B. 
Said license shall be known as a "closing-out sale license."
C. 
The fee for such license shall be $50 for 30 days; $100 for 60 days; $150 for 90 days, provided that only one such license shall be issued to any one person, firm or corporation within any twelve-month period, and no such license shall be issued for less than 30 days nor more than 90 days.
[Amended 9-11-1994 by L.L. No. 1-1994[1]]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
A. 
The inventory required by § 85-1 shall contain a complete and accurate list of the stock of goods, wares and/or merchandise to be sold at any sale for which a license is hereby required, together with the wholesale price thereof and the current or going retail price thereof, which inventory or list shall be signed by the person or firm seeking the license or by an officer of the corporation seeking the license or, if the corporation is a foreign corporation, by a resident agent thereof thereunto authorized, in writing. The inventory or list shall be accompanied by an affidavit at the foot thereof in which the person, firm or officer or resident agent, as the case may be, shall swear or affirm that the information therein given is full and true and known by him to be so.
B. 
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on such inventory such goods, wares and/or merchandise which is not the regular stock of the store or the stores, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purpose of such sale or during the time thereof or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the Village Clerk may ascertain the kind and quantity and numbers sold. If the sale is a fire, water or other damage sale of goods, wares and/or merchandise, it shall be unlawful to offer or expose for any such sale or to list on such inventory any goods, wares and/or merchandise which sustained no damage. If only a part of the goods, wares and/or merchandise of such store is damaged, such damaged goods, wares and/or merchandise shall be clearly segregated and kept separate and apart from other goods, wares and/or merchandise not damaged, and be clearly marked as damaged. During such sale, no sale ticket or other device shall be placed on the undamaged goods, wares and/or merchandise indicating in any way that such goods, wares and/or merchandise are being sold at a price less than the current or going retail price thereof.
C. 
The Village Clerk may, in his discretion, verify the details of any inventory filed for the purpose of obtaining a closing-out sale license, or he may make a check and verify the items of goods, wares and/or merchandise sold during the sale, and it shall be deemed unlawful for any person, firm or corporation to whom a closing-out sale license has been issued to fail or refuse to give the Village Clerk or any person designated by him for that purpose all the facts connected with the stock on hand or the proper information of goods, wares and/or merchandise sold or any other information that he may require in order to make a thorough investigation of all the facts connected with the sale.
The provisions of §§ 85-1 and 85-2 shall not be applicable to trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process.
[Amended 9-11-1994 by L.L. No. 1-1994[1]]
Any person, firm or corporation violating or failing to comply with any of the provisions of this chapter shall be subject to a penalty of not more than $250 per day or to imprisonment for not more than 15 days, or both, for each violation, and each day that said violation or failure to comply shall continue shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
A. 
The Mayor of the Village shall issue all licenses, which shall be signed by him and countersigned by the Village Clerk, who shall keep a record thereof, including the number and date of the license, the time and purpose for which it is granted and the amount of fee to be paid therefor; and, upon presentation of such license to the Treasurer of the Village, so signed and countersigned, and the payment to the Treasurer of the fee therein specified, the Treasurer shall endorse thereon his receipt of the license fee, showing that such fee is paid therefor. A license shall not take effect until the receipt of the Treasurer shall have been endorsed thereon, showing that the fee has been paid therefor.
B. 
A license shall only be issued to such person as the Mayor of the Village shall deem to be a fit and proper person to conduct the trade, occupation or activity for which the license is required, and a license may be refused for any trade, occupation or activity which shall, in the judgment of the Mayor of the Village, be carried on in any building or place which is not provided with a suitable and safe means of ingress and egress in case of emergency and does not comply with the standards established for such buildings or places by the New York State Uniform Fire Prevention and Building Code or which shall be likely to be immoral or improper or disturb the peace and order of the Village or where sufficient and adequate precautions are not taken to assure the orderly conduct of such trade, occupation or activity.
[Amended 9-11-1994 by L.L. No. 1-1994]
C. 
Any applicant who shall have been refused a license by the Village Mayor under the provisions of this chapter may apply to the Board of Trustees of the Village at a meeting thereof for the same, and such license may be granted or refused by the Board of Trustees.
D. 
The Mayor of the Village may suspend any license theretofore granted until the next meeting of the Board of Trustees, and, thereupon, such a license may be continued or may be revoked by the Board of Trustees for cause shown, after notice to the licensee. Every such license shall specify the object and length of time for which it is granted and when it shall expire. All licenses granted as provided in this chapter shall expire on the first day of March in each year, except such licenses as may be granted for one or more days, as provided in any of the foregoing provisions of this chapter.
E. 
Whenever any license shall have been revoked by the Board of Trustees, a notice of such revocation shall be served by the Village Clerk upon the licensee, either personally or by mail, whereupon such license shall be of no force or effect.