[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 5-20-2009 by L.L. No.
19-2009. Amendments noted where applicable.[1]]
GENERAL REFERENCES
Noise — See Ch. 139.
Peddling and soliciting — See Ch. 151.
Solid waste — See Ch. 171.
Zoning — See Ch. 210.
[1]
Editor's Note: Former Ch. 88, Economic Development Zone, Art.
I, Zone Establishment, adopted 2-23-1994 by L.L. No. 4-1994, was repealed
4-23-2003 by L.L. No. 4-2003. Former Art. II, Tax Exemption, adopted
12-14-1994 by L.L. No. 23-1994, was repealed 2-19-2003 by L.L. No.
2-2003.
It shall be unlawful for any person to advertise or conduct
any sale of goods, wares or merchandise, at retail or at auction,
which is represented to be a "bankrupt," "insolvent," "assignee,"
"adjuster's," "trustee's," "executor's," "administrator's," "receiver's,"
"wholesaler's," "jobber's," "manufacturer's closing out," "liquidation,"
"closing stock," "smoke, fire or water damage sale" or any other sale
which is by representation or advertisement intended to lead the public
to believe that the person conducting the sale is selling out or closing
out the goods, wares or merchandise of any business for less than
the current or going retail price thereof, in the Town, without first
filing with the Town Clerk an inventory as prescribed in this chapter
and obtaining from the Town Clerk a license for such sale, which shall
be known as a "sale license." A sale license shall be issued only
to the real party or parties in interest, as owner.
A.
Any person desiring to obtain a sale license required by this chapter
shall make application therefor to the Town Clerk, with an inventory
in duplicate. The application shall be in writing and under oath and
shall disclose the type or character of the proposed sale, the place
and manner of conducting the sale, the name of the person owning the
goods, wares and merchandise to be sold, and all details necessary
to identify fully the goods, wares and merchandise which are the subject
of the proposed sale.
B.
The application for a sale license required by this chapter shall
also specify the dates on which the proposed sale is to begin and
to terminate, which period shall not exceed 45 consecutive days; however,
if it shall be made to appear upon sworn application to the Town Clerk
at any time during the forty-five-day period that all of the goods,
wares and merchandise described and inventoried in the original application
have not been sold, the Town Clerk may grant a supplemental license
extending such sale for an additional period of 45 consecutive days.
The inventory required by this chapter shall contain a complete
and accurate list of the stock of goods, wares and merchandise to
be sold at any sale for which a license is required by this chapter,
together with the wholesale price thereof and the name or names of
the real party or parties in interest. The inventory or list shall
be signed by the person seeking the license or by his authorized resident
agent, and such person or agent shall swear or affirm that the information
contained therein is full and correct.
If the Town Clerk shall be satisfied from the application for
a sale license required by this chapter that the applicant intends
to conduct a bona fide sale of the type and character described in
the application, the Town Clerk shall approve the application and,
upon the payment to the Town of a fee in the sum of $500,[1] shall issue the license to the applicant, authorizing
him to advertise and conduct a sale of the specific kind for which
he has applied, subject to the provisions and requirements of this
chapter. The fee for a renewal of a sale license, if granted by the
Town Clerk, shall be an additional fee.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
A sale license issued by the Town Clerk pursuant to this chapter
shall, at all times during the period of the sale, be posted conspicuously
on the licensed premises where the sale is to be conducted, and the
designated license number shall be specifically stated in any advertisements
connected with the sale.
It shall be unlawful to sell, offer or expose for sale at any
sale subject to this chapter, any goods, wares or merchandise which
is not the regular stock of the store, the business or which is to
be closed out by such sale, or to make any replenishments or additions
to such stock, for the purpose of the sale or during the continuance
thereof, or to fail, neglect or refuse to keep accurate records of
the articles or things sold, from which records the Town Clerk may
ascertain the kind and quantity of the articles sold pursuant to a
sale license.
The Town Clerk may, in his discretion, verify the details of
any inventory filed for the purpose of obtaining a sale license pursuant
to this chapter, or he may check and verify the items of merchandise
sold during the sale, and it shall be unlawful for any person to whom
a sale license has been issued to fail or refuse to give the Town
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
sold or any other information that he may require in order to make
a thorough investigation of all facts connected with the sale.
It shall be unlawful, in connection with a sale subject to this
chapter, to employ any untrue, deceptive or misleading advertising.
The provision of this article shall not be applicable to trustees
in bankruptcy, executors, administrators, receivers, as such, or officers
acting under judicial process, nor to a sale conducted by a going
concern as a reduction-of-merchandise sale, a seasonal sale or to
a special offering of merchandise.
The going-out-of-business sale under the provision of this chapter
shall be conducted in a manner consistent with the local laws of the
Town of Poughkeepsie, including but not limited to the Zoning Law[1] and shall be at all times conducted in a manner that protects
the public health, safety and welfare, and a failure to conduct said
sale in accordance with the terms of the Town's local laws or in a
manner that is not consistent with the public's health, safety and
welfare shall constitute a violation of this chapter and the penalty
shall be $1,000 for each violation, and each day shall constitute
a separate violation.
Failure to conduct said sale in accordance with the terms of
the Town's local laws, including but not limited to this chapter,
or in a manner that is not consistent with the public health, safety
and welfare shall constitute a violation of this chapter, and a failure
to comply with the terms and conditions of this chapter shall constitute
a violation, the penalty for which shall be $1,000 for each violation,
and each day shall constitute a separate violation, or by imprisonment
for a term not to exceed 30 days, or by both such fine and imprisonment,
and the conviction may result in addition to the imposition of fines
and penalties prescribed in the revocation of the offender's sale
license.
