[HISTORY: Adopted by the Board of Trustees of the Village of East
Williston as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-1988 by L.L.
No. 2-1988 as Ch. 16 of the 1988 Code]
This article shall be known and may be cited as the "Auction and Sale
of Household Goods Law of the Village of East Williston."
This article shall apply to the selling or offering for sale of all
goods, wares and merchandise at public auction, and shall apply also to sales,
either by auction or otherwise, of household goods and furnishings in residences
if such sale is carried on by someone other than the bona fide owner of said
household goods and furnishings. It shall not apply to the sale of household
goods or furnishings by a bona fide householder on his or her own residential
premises, to rummage sales, nor to legal and judicial sales under and by virtue
of the Lien Law or Personal Property Law relative to the enforcement of liens
and the clearance of title, sales under the Bankruptcy Act, police auctions,
nor to sales by insurance carriers for or on behalf of their insureds, nor
to goods sold by virtue of judicial decree, to sales by personal representatives
of deceased or incompetent persons or the guardians of minors, nor to the
sale of or on behalf of licensed pawnbrokers of unredeemed pledges in the
manner prescribed by law, nor to sales licensed under the provisions of the
Agriculture and Markets Law.
No person shall offer or expose for sale at auction or other method of sale as described in § 11-2 within the village any personal property, household goods, wares or merchandise without first having applied for and obtained a license for such purpose from the licensing officer.[1]
[1]
Note: The Mayor is the licensing officer unless he designates in writing
another village officer, which designation is filed in the Village Clerk's
office. The Mayor has so designated the Village Clerk as the licensing officer.
Village Law § 4-400(1)(m).
Each application for a license hereunder shall set forth the following
information:
Applications for licenses hereunder shall be accompanied by a bond in
favor of the people of the village approved as to form and manner by the Village
Attorney, in the penal sum of $2,000, conditioned that the applicant will
faithfully perform his or her duties as required by this article and laws
now in effect or hereafter enacted and will render such accounts and pay such
duties as may be required of him or her by law.
The fee for a license hereunder is hereby fixed at $50 per sale.
Every license issued pursuant to this article shall be posted in a conspicuous
place where any auction or sale is being conducted.
No public auction or similar type of sale for which a license is required
under this article shall continue for more than five days, Sundays and legal
holidays excluded, from the date of beginning of such sale, and no such sale
shall be held before 10:00 a.m. or after 6:00 p.m.
No auctioneer or seller of property shall:
A.
Make any false representations as to the character, quality,
condition, value or ownership of any property offered for sale.
B.
Substitute any other article for the article sold to
the bidder.
C.
Bid on any property offered for sale by himself or herself
or employ or hire a person to act as an accomplice for the purpose of making
mock bids or bidding up the price at any sale.
D.
Use any means of attracting the attention of passersby.
E.
Sell any goods or items subject to the provisions of
this article in an "as is" condition, unless there shall be posted in plain
view of the public during said auction or sale at least two signs stating
that such goods or items are sold "as is" and no representations as to the
character, quality, condition, are made, and in which case no such representations
shall be made by the auctioneer or seller of such property or his or her agents.
Every licensee hereunder shall be required to comply with the provisions
of §§ 25 and 26 of the General Business Law, as amended, relative
to records to be kept. Failure to comply with such provisions shall constitute
a violation of this article and may result in the revocation of the license
hereunder, in addition to any other penalties that may be imposed for violation
of this article.
A violation of any provision of this article shall be deemed a violation
pursuant to the Penal Law, but in no event shall the fine imposed exceed $250
or 15 days in jail, or both such fine and imprisonment.
[Adopted 5-9-1988 by L.L.
No. 2-1988 as Ch. 15 of the 1988 Code]
This article shall be known and may be cited as the "Garage Sales Law
of the Village of East Williston, New York."
As used in this article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The sale on residential premises of personal property, including
but not limited to furniture, appliances, furnishings, clothing, bric-a-brac,
antiques, toys, tools and similar items used about a household or person,
other than by auction or the sale of the entire contents of a household.
No homeowner shall conduct a garage sale, tag sale, yard sale or other
similar-type sale in any residential premises of the village without first
obtaining a permit therefor from the licensing officer,[1] and only when the person is moving from his or her residence.
[1]
Note: The Mayor is the licensing officer unless he designates in writing
another village officer, which designation is filed in the Village Clerk's
office. The Mayor has so designated the Village Clerk as the licensing officer.
Village Law § 4-400(1)(m).
Any person moving from the village and desiring to procure a permit
as herein provided shall file with the Village Clerk a written application
upon a form furnished by the Village Clerk. Such application shall provide
the following information:
A.
The name and address of the applicant.
B.
The address where the garage sale is to take place.
C.
The dates on which the garage sale is to be conducted.
D.
The last date on which a garage sale was conducted on
the premises.
E.
General description of contents and such other information
as may be required by the licensing officer to determine the veracity or to
clarify any of the prior statements required in this section, including a
general description of contents.
A.
Grant; refusal; appeal. Upon the filing of the application, as provided in § 11-16, the licensing officer shall issue to the applicant a permit as provided in § 11-14 hereof. A permit may be refused if the applicant shall have been convicted of a misdemeanor or felony which in the judgment of the licensing officer renders the applicant unfit or undesirable to carry on or conduct a garage sale. The licensing officer may also refuse a permit to any person who in his or her judgment shall be an undesirable person or incapable of properly conducting such a garage sale. Any applicant who has been refused a permit by the licensing officer may apply to the Board of Trustees therefor, and the same may be granted or refused by the Board of Trustees after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel.
B.
Use. A permit shall not be assignable. Any holder of
such permit who permits it to be used by any other person, and any person
who uses such permit granted to any other person, shall each be guilty of
a violation of this article.
C.
Contents. A copy of all permits shall be filed in the
Village Clerk's office and shall state clearly the kind of goods, wares or
merchandise to be sold or service to be rendered, the dates of issuance and
expiration of the permit, the fee paid and the name and address of the permittee.
D.
Display. Every permit shall be displayed prominently
at the place of sale during the conduct of such garage sale.
E.
Hours. Hours for sale shall be 10:00 a.m. until 6:00
p.m.
A.
Signs. A small sign advertising the garage sale will
be permitted. The sign must be removed immediately following the sale. The
sign shall not exceed three square feet in size and shall not be posted earlier
than one week before the sale commences and must be removed immediately after
the sale ceases. A fifty-dollar bond shall be posted with the Village Clerk's
office and shall be returned by the Village Clerk only upon proof that this
subsection has been complied with. Failure to comply with this subsection
shall constitute forfeiture of the bond to the village.
B.
Ownership of merchandise. Merchandise offered for sale
may be only merchandise that the permittee or a member of his or her household
has owned for a period of not less than six months.
A violation of any provisions of this article is hereby declared to
be a violation of the Penal Law and shall be punishable by a fine not to exceed
$250 or imprisonment of not more than 15 days, or both.
