[Adopted 6-10-1997 by L.L. No. 14-1997]
A.
This Legislature hereby finds that sellers of home furnishings are
not currently licensed under any chapters of the Suffolk County Code.
B.
This Legislature also finds that establishment of a licensing requirement
for sellers of home furnishings would provide the Office of Consumer
Affairs with the means necessary to levy/collect fines and approve
applications, thereby enhancing the enforcement abilities of the Office
of Consumer Affairs and, in essence, regulating this currently unregulated
sector.
C.
This Legislature also finds and determines, after input from consumers
and persons in the industry, that the health, safety and general welfare
of the consumers of Suffolk County will be enhanced if provision is
made for the licensing of persons engaged in selling home furnishings.
For purposes of this article, the following terms shall have
the meanings indicated:
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.
A natural person who is solicited to purchase or who purchases
home furnishings.
[Added 5-13-2008 by L.L. No. 15-2008]
The Director of the Office of Consumer Affairs.
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.
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]
The Suffolk County Executive's Office of Consumer Affairs.
Any person, partnership, corporation or association engaged
in the selling of home furnishings.
A.
It is unlawful for any person to engage in the selling of furniture
or carpets without obtaining a license therefor from the Office in
accordance with and subject to the provisions of this article.
B.
A license issued pursuant to this article may not be construed to
authorize the license to perform any work or engage in any business
which is reserved to qualified licensees under separate provisions
of state or local law or other articles of this code.
[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.
A.
Initially, all licenses, except temporary licenses, shall be for
a period of two years from the date of issuance thereof, at the discretion
of the Office, and shall expire on the last day of the 24th month
of such issuance. Subsequent renewals shall be for periods of two
years.
[Amended 12-17-2002 by L.L. No. 4-2003]
B.
The fee for a home furnishings license shall be $200 per annum, and
the biennial renewal fee shall be $400. The fee for initial licenses
issued for two years shall be $400.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
C.
Failure to make application and pay the required annual fee for a
license renewal prior to the expiration date of said license shall
render the license null and void on the expiration date and require
the licensee to submit a new application for an original license.
Compliance with the provisions of this section shall entitle the licensee
to the renewal of his license, provided that such license has not
been suspended or revoked by the Director prior to the expiration
date.
D.
If an individual licensee enters the Armed Forces of the United States,
his license shall continue in force after the date of his entrance
into the Armed Forces until six months after the date of termination
of his first enlistment. If such licensee does not apply for renewal
within this period, his license shall terminate without any notice
of action by the Office.
E.
The death of an individual licensee issued pursuant to this article
shall terminate such license.
F.
A license issued in the name of an individual may be assigned or
transferred for the remainder of the license period to a partnership,
corporation or other entity, provided that the individual holding
such license is a general partner of such partnership, the owner of
not less than 25% of the outstanding voting shares of such corporation
or the holder of not less than a twenty-five-percent interest in any
other entity at the time of the assignment or transfer. The application
for such transfer or assignment must be accompanied by evidence satisfactory
to the Director that the above set forth requirements have been satisfied.
No assignment or transfer shall become effective until proper endorsement
evidencing said transfer or assignment has been made on the face of
the license by the Director and such license, so endorsed, has been
returned to the assignee or transferee. All such endorsements shall
be made by the payment of a fee of $25.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
G.
A license issued pursuant to this article shall be conspicuously
posted in the place of business of the licensee.
H.
Each individual licensee, shall, within seven business days after a change of control of ownership or of management, apply for the assignment or transfer of a license specified in Subsection F or such license shall terminate. Every other licensee shall, within seven business days after a change of control in ownership or management, notify the Office in writing of such change.
I.
No licensee shall authorize or permit the use of his license by or
on behalf of any other person.
J.
Each licensee shall, within seven business days after a change of
address or trade name, notify the Office in writing of such change.
K.
All advertising shall include a Suffolk County Office of Consumer
Affairs license number. This requirement shall not apply to sellers
whose annual sales revenue from home furnishings does not exceed 50%
of the sellers' total gross annual sales revenue from all goods.
L.
No applicant for a license or license renewal shall have any outstanding
judgment for child support against him or her, or be in arrears in
child-support payments as determined by official court records or
official government records, at the time an application is filed for
such license or license renewal. If an applicant has such a judgment
against him or her, or is in such arrears, but is current in payments
on a judicially approved, or Child Support Enforcement Bureau sanctioned,
payment schedule to pay off or reduce such judgment or arrears, then
such individual shall not be deemed ineligible for a license or license
renewal on the grounds of such judgment or arrears. At least 30 days
prior to the expiration of a license, the Office shall send a written
notice to a licensee informing said licensee of his or her obligation
to comply with the provisions of this section pertaining to compliance
with child-support obligations. If necessary, a second written notice
shall be sent by the Office to a licensee 60 days after the license
has lapsed informing said licensee of his or her obligation to comply
with the provisions of this section pertaining to compliance with
the child-support obligations. In addition, the County Department
of Social Services, through its Child Support Enforcement Bureau,
shall notify all current noncustodial parents of the obligations contained
herein.
[Added 6-6-2000 by L.L. No. 11-2000]
[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.
A.
The Director shall have the power to impose a fine not to exceed
$500 per violation upon a licensee or to suspend or revoke a license
or to deny an application for the renewal of a license for any one
or more of the following causes:
B.
No license shall be suspended or revoked nor a fine imposed until
after a hearing has been held before the Director upon at least seven
business days' notice to the licensee. Such notice shall be served
either personally or by certified mail, return receipt requested,
to the last known address of the licensee and shall state the date
the place of the hearing as well as enumerate the grounds constituting
the allegations against such licensee. The licensee may be represented
by counsel and may produce witnesses in his own behalf. A record of
the hearing shall be taken and preserved. For purposes of such hearing,
the Director may administer oaths, take testimony, subpoena witnesses
and compel the production of books, papers, records or other documents
deemed pertinent to the subject of the hearing.
C.
In the event that the seller fails to provide a refund or credit,
the Director may order any licensee under this article who has been
found by the Director to have failed to provide, within 30 days, any
refund or credit to which a customer is entitled under this article
to pay to the customer the full amount of the refund or credit that
was due plus an amount equal to the lesser of twice the amount of
the full refund or credit that was due or $1,000. The remedies in
this subsection are in addition to any other remedies to which the
customer may be entitled under applicable law.
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]
A.
In addition to the powers and duties elsewhere prescribed in this
chapter, the Director shall have the power to:
(1)
Keep records of all licenses issued, suspended or revoked and
all fines adjudged.
(2)
Issue temporary licenses as may be necessary.
(3)
Promulgate such rules and regulations not inconsistent with
the provisions of this article as may be necessary with respect to
the form and content of applications for licenses, reception thereof,
investigation of applicants and their qualifications, the conduct,
including advertising, of occupations regulated by this article and
other matters incidental or appropriate to his/her powers and duties
as prescribed by this article and for the proper administration and
enforcement of the provisions of this article; and to amend or repeal
any such rules and regulations.
(4)
Require reasonable information of an applicant or licensee,
including the production of books, papers, records and other documents.
B.
No rules or regulation may be promulgated pursuant to Subsection A(3) herein unless a public hearing is held by the Director. At least seven business days' prior notice of such public hearing shall be published in the official newspapers of the County. A copy of all rules and regulations promulgated and any amendments thereto shall be filed in the Office of the Clerk of the County Legislature.
C.
Whenever, in this article, the Director is empowered to or charged
with the responsibility to do or perform any act, he may deputize,
in writing, any officer or employee of the Office to do or perform
the act in his place and stead.
D.
Disposition of moneys received. All fees received by the Department
pursuant to the provisions of this article shall be remitted to the
County Comptroller for deposit in the general fund of the County or
in the fund established under this article, as appropriate, within
30 days after they are received.
[Amended 6-17-2014 by L.L. No. 32-2014]
E.
Liability for damage. This article shall not be construed to relieve
from or lessen the responsibility of any person licensed under the
provisions hereof for any loss of life or damage to person or property,
nor shall the County of Suffolk be deemed to have assumed any such
liability by reason of the issuance of any license.
A.
The County Executive shall appoint, subject to the approval of the
County Legislature, a five-member Home Furnishings Board. Said Board
shall be composed of individuals having a personal knowledge of and
interest in the home furnishings business, such as representatives
of labor, management, trade or professional associations and appropriate
representatives of government. The designee of said Office shall be
appointed by the Director of the Suffolk County Executive's Office
of Consumer Affairs. The Director or his designee shall serve as secretary
of the Board. The Director of the Suffolk County Executive's Office
of Consumer Affairs shall serve as a nonvoting ex officio member of
such Board.
B.
For the initial appointment only, three members of the Board shall
be appointed for three-year terms and two members for two-year terms.
All appointments thereafter shall be for three-year terms.
C.
Compensation. No members of the Board shall be compensated for performing
the duties of said Board. Reasonable and necessary expenses incurred
by a member carrying out the duties defined herein shall be compensable
by the County of Suffolk.
D.
Powers and duties. The licensing board shall have the following powers
and duties:
(1)
To hold meetings at regular times and places for the efficient
discharge of the responsibilities and duties of the board.
(2)
To make rules for the conduct of its meetings and to keep a
minute book of its proceedings and other official actions.
(3)
To formulate and recommend to the County Legislature, for adoption
or amendment, a code of rules governing the home furnishings business.
Before making such recommendations, the Board shall confer and meet
with the representatives of the home furnishings industry.
(4)
To formulate and recommend to the County Legislature, for adoption
or amendment, rules and standards for the issuance, suspension and
revocation of licenses, including the conditions for the issuance
of the same, the terms and fees and the conditions upon and the circumstances
under which the same may be revoked or suspended.
[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.
