[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]]
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.
[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.
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.
