For purposes of this article, the following terms shall have
the meanings indicated:
CARPETS
All carpets (fiber, sheet vinyl and linoleum), wall-to-wall
and the like, which require installation and area rugs/carpets which
are custom-made to order. It shall not be intended to mean pre-made
area rugs/carpets that are delivered from available stock.
CONSUMER
A natural person who is solicited to purchase or who purchases
home furnishings.
[Added 5-13-2008 by L.L. No. 15-2008]
DIRECTOR
The Director of the Office of Consumer Affairs.
FURNITURE
Chairs, tables, cabinets (excluding kitchen cabinets), desks,
sofas, bedding, chests and other articles of personal property similarly
used to furnish a home. The term does not include lamps and lighting
fixtures.
HOME FURNISHINGS
New furniture and carpets which have not been the subject
of a previous retail sale.
[Amended 4-28-2015 by L.L. No. 15-2015]
OFFICE
The Suffolk County Executive's Office of Consumer Affairs.
SELLER
Any person, partnership, corporation or association engaged
in the selling of home furnishings.
[Amended 12-17-2002 by L.L. No. 4-2003]
A. All applications for licenses shall be submitted in writing on forms
furnished by the Office and shall be accompanied by a nonrefundable
application fee of $200.
[Amended 8-5-2008 by L.L. No. 32-2008]
B. The license application shall be filed by an actual owner or partner
of a business and shall be signed under oath. Where a corporation
is an applicant or a participant in an application, the application
shall be signed under oath by an officer of such corporation.
C. All applications shall include the names and residence address of
all owners, partners and/or corporate officers. Any assumed business
names or other corporate names, current or previous, shall also be
included on the application.
D. The Director may require submission of the names and residence addresses
of any employees of the applicant, in addition to any other information
which he may deem advisable and proper.
E. Any individual applicant and any individual who subscribes his name
to the application must be at least 18 years of age, of good character
and financially responsible.
F. The Director shall investigate such applicants as to good character
and financial responsibility before he shall issue the applicant a
license.
G. Applicants shall meet such further qualifications as may be prescribed
by this article and any other appropriate article of this chapter.
H. The Office shall issue a license or temporary license to each applicant
who has submitted satisfactory evidence of his qualifications and
who has complied with all requirements of this article and any other
appropriate article of this chapter.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
A. A duplicate license may be issued for a license which has been lost,
destroyed or mutilated, upon application therefor on a form prescribed
by the Director and the payment of a fee of $25. Each such duplicate
license shall have the word "duplicate" stamped across the face thereof
and shall bear the same number as the one it replaces.
B. A licensee shall obtain a supplementary license for each additional
place of business maintained by such licensee within the County of
Suffolk upon application therefor on a form prescribed by the Director
and the payment of a fee of $50 per annum. It may be renewed biennially
for a fee of $100. Each such supplementary license shall have the
word "supplementary" stamped across the face thereof, shall bear the
same number as the original and shall be conspicuously posted in each
additional place of business.
A contract entered into on or after one year from the effective
date of this article by a person who engages in a business regulated
by this chapter, who, on the date of the contract, does not possess
a valid license to engage in such business, is unenforceable by him
and voidable at the option of any other party to the contract rendered
or to be rendered to such party. Nothing contained herein shall be
construed to prevent any other party to the contract from enforcing
its terms.
[Added 5-13-2008 by L.L. No. 15-2008; amended 12-4-2012 by L.L. No.
5-2013]
A. All monies paid by a consumer to a seller as a deposit for the purchase
of home furnishings shall continue to be the money of the person making
such deposit, and shall be a trust fund in the possession of the seller
and shall be deposited by the seller within 10 business days thereafter
by the recipient in an escrow account in a bank, trust company, savings
bank or state or federal savings and loan association. The seller
shall notify the consumer within 15 business days, in writing, of
the name and address of the bank, trust company, savings bank or state
or federal savings and loan association and the amount deposited.
B. All monies so deposited shall not be mingled with other funds or
become an asset of the seller, excepting, however, that such trust
funds may be deposited with other funds that have been paid to the
seller as a deposit for the purchase of home furnishings.
C. All monies shall be held in trust until they are repaid to the consumer
or until they are fully applied to the purchase price at the time
the subject home furnishings are delivered to the consumer, except
that in the event purchased home furnishings are offered for delivery
by the seller but the consumer delays final delivery of same, the
seller may use the monies held in escrow to pay the manufacturer of
the subject home furnishings and other appropriate expenses relating
to the pending sale.
D. The escrow requirements set forth in this section shall not apply
to transactions in which the seller delivers the purchased home furnishings
within 10 business days of the receipt of deposit or where a consumer
uses a credit card to place a deposit for the purchase of home furnishings.
The following acts shall be prohibited:
A. Failing to provide or failing to install the contracted-for merchandise
and then failing to provide a refund of any deposit.
B. Delivering or installing defective or nonconforming merchandise and
then failing to remedy the defect.
C. The making of any substantial misrepresentation in the solicitation
or procurement of a contract or the making of any false promise likely
to influence, persuade or induce entry into a contract.
D. Directly or indirectly publishing any advertisement relating to goods
or services offered by the licensee which contains an assertion, representation
or statement of fact which is false, deceptive or misleading, provided
that any advertisement which is subject to and complies with the then-existing
rules, regulations or guides of the Federal Trade Commission shall
not be deemed false, deceptive or misleading.
E. Advertising or purporting to offer for sale to the general public
any item of home furnishing with the intent not to sell said item
at the price which is advertised to the public.
F. Conducting a business in any name other than the one for which the
licensee holds a license.
G. Failing to place a consumer's deposit in escrow as required by this
article.
[Added 5-13-2008 by L.L. No. 15-2008]
[Amended 3-23-2010 by L.L. No. 7-2010]
In addition to any civil penalties imposed by the Director pursuant to this article or pursuant to any provisions of any County local law, County resolution or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter
387, Consumer Protection, of the Suffolk County Code, any person who shall conduct a business licensed by this article without obtaining a license therefor or who shall continue to engage in such licensed business after having had a valid license suspended or revoked shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense.
Upon application of the Director, the County Attorney or the
District Attorney may commence an action in the name of the County
to restrain, prevent and enjoin a violation of this article or any
rule or regulation promulgated hereunder or any continuance of such
violation.
The action of the Director in adjudging fines or suspending,
revoking or refusing to issue or renew a license may be reviewed by
a proceeding brought under and pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York.