[HISTORY: Adopted by the Common Council of the City of Glens Falls: Art. I, as Ch. 84 of the 1967 Code; Art. II, as Ch. 57 of the 1967 Code. Sections 170-17A and 170-27A amended at time of adoption of Code; see Ch. 1 General Provisions, Art. I. Other amendments noted where applicable.]
Peddling, soliciting and transient merchants — See Ch. 156.
Article I Close-Out Sales
Article II Garage Sales
[Adopted as Ch. 84 of the 1967 Code]
As used in this Article, the following terms shall have the meanings indicated:
- ON HAND and IN STOCK
- Includes all merchandise located on the premises where the sale is held.
- PUBLISH, PUBLISHING, ADVERTISEMENT AND ADVERTISING
- Any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word-of-mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement and any and all means, including oral, written or printed.
- The sale or an offer to sell to the public goods, wares and merchandise of any kind and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, removal, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a fire sale, adjustment sale, creditor's sale, trustees' sale, liquidation sale, reorganization sale, alteration sale, executor's sale, administrator's sale, insolvent sale, insurance salvage sale, mortgage sale, assignee's sale, adjustor's sale, receiver's sale, loss-of-lease sale, wholesaler's close-out sale, creditor's committee sale, forced-out-of-business sale, removal sale and any and all sales advertised in such manner as to reasonably convey to the public that upon disposal of the stock on hand the business will cease and be discontinued.
No person shall publish or conduct any sale of the type herein defined without having obtained a license therefor from the City Clerk.
The City Clerk, with the approval of the Mayor, is hereby authorized and empowered to issue an appropriate license for the sales hereinbefore mentioned. Such licenses shall be issued upon a written application and verified by the applicant in a form prescribed by the City Clerk.
The application must be filed with the City Clerk at least seven days before the day of sale or at least seven days before the first advertisement announcing the sale, whichever is to occur sooner.
Such application shall contain:
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease.
The effective date of termination of such occupancy.
The means to be employed in publishing such sale, together with the proposed language content in any advertisements.
An itemized list showing the location of the goods, wares and merchandise to be offered for sale.
The place where such stock was purchased or acquired and, if not purchased, the manner of such acquisition.
Upon receipt of such application and payment of the fee hereinafter prescribed, the Mayor shall appoint such person or persons as may be necessary to cause said application to be examined and investigated.
If, after examination of the report of such investigation, the Mayor is satisfied as to the truth of the statements contained in such application and as to the form and content of the advertising to be used in connection with such sale, he shall direct the City Clerk to issue a license permitting the publication and conduct of such sale.
Such license shall be for a period not exceeding 30 days, except that the Mayor shall renew the same for an additional thirty-day period upon the payment of the prescribed renewal fee and upon being presented by the licensee with satisfactory proof that the stock itemized in the original application has not been completely disposed of. The application for said renewal shall be made at least seven days before the expiration of the original license period and shall be accompanied by an itemized inventory showing the merchandise still remaining on the premises. Only one such renewal shall be granted for any such sale within a period of one year from the date of issuance of the original license.
The Mayor is empowered to prescribe such rules and regulations for the conduct and advertisement of such sale or special sale as, in his opinion, will serve to prevent deception and to protect the public.
The fee which shall accompany the original application for such license shall be $10 for each $10,000 of inventory or a portion thereof on hand, up to $50,000, as verified by the applicant and otherwise substantiated as provided herein, and the fee for each renewal of such license shall be $25, which fee or fees shall be paid to the City Clerk.
Upon commencement of any sale as hereinbefore defined, the license issued shall be prominently displayed near the entrance of the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to such inspectors as the Mayor may designate, and the license shall permit an inspection of all merchandise in the premises for comparison with such stock list.
All advertisements or advertising and the language contained therein shall be in accordance with the purpose of the sale as stated in the application pursuant to which such license was issued, and the wording of such advertisements shall not vary from the wording as indicated in the application. Such advertising shall contain a statement in these words: "Sale held pursuant to License No. _____ granted the _____ day of __________, 19_____," and in such blank spaces shall be indicated the permit number and the requisite dates.
Suitable books and records shall be kept by the licensee and shall at all times be available for inspection by the person or persons designated by the Mayor. At the close of business each day, the stock list attached to the application shall be revised, and those items disposed of during such day shall be so marked thereon.
The Mayor shall have the power to suspend or revoke at any time, for cause, any license or renewal thereof.
The provisions of this Article shall not apply to or affect the following persons:
It shall be unlawful for the holder of any license issued under the provisions of this Article to bring upon or cause to be brought upon the premises for which the mentioned license is issued any goods, wares or merchandise not shown or otherwise accounted for in the application for such license, with intent to advertise, sell or offer for sale such goods, wares or merchandise to the public.
Upon the expiration of the license provided for herein or any renewal thereof, the applicant shall discontinue the operation of said business in the City of Glens Falls.
Where a license applied for under the provisions of this Article is refused issuance by the City Clerk or where a license or the renewal thereof is suspended or revoked for cause, all fees paid upon the presentation of the application shall be forfeited and shall in no event be refundable to the applicant.
Any person who shall violate any of the provisions of this Article, upon conviction thereof, shall be punished by a fine of not more than $250 or by imprisonment for a term not to exceed 15 days, or both.
Each sale of an item of merchandise not listed on a required inventory shall be a separate violation of this Article.
Each day that any person conducts a sale regulated by this Article without having obtained the license therefor shall be considered a separate violation of this Article.
[Adopted as Ch. 57 of the 1967 Code]
As used in this Article, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a garage sale in the City of Glens Falls without first filing with the City Clerk the information hereinafter specified and obtaining from such City Clerk a license so to do, to be known as a "garage sale license." The fee for such license shall be and the same is hereby fixed at $2 each time a person requests a license.
Such license shall be issued to one person only twice within a twelve-month period, and no such license shall be issued for more than two consecutive days twice a year. Chartitable, religious and civic organizations may be allowed more than one license with the approval of the Common Council.
Each license issued under this Article must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the City Clerk pursuant to this Article shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting said sale.
The name of the owner of the property on which said sale is to be conducted and the consent of the owner, if the applicant is other than the owner.
The location at which the sale is to be conducted.
The number of days of the sale.
The date and nature of any past sale.
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
Garage sales may be advertised through the newspaper or other news media.
A sign not greater in size than two feet by two feet may be installed on the property where the sale is being conducted.
No sign shall be placed on the public right-of-way or on property other than where the sale is being conducted. No lighted signs shall be used.
The sign shall be displayed only during the sale and shall be removed within 24 hours after completion of the sale.
The provisions of this Article shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this Article have not been complied with.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the Zoning Regulations of the City of Glens Falls or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in the ordinances.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
This Article shall be enforced by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to investigate any violation of this Article coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the City Court pursuant to the provisions of this Article. It shall be the duty of the Police Department of the City of Glens Falls to bring to the attention of the Code Enforcement Officer for further investigation any violations of this Article of which the Police Department becomes aware during the course of its normal duties.
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department or Fire Department of the City of Glens Falls in order to maintain the public health, safety and welfare.
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this Article shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for a term not to exceed 15 days, or both.
Each day that such sale shall continue without being duly licensed shall be considered a separate violation.