Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 5-13-1975 by L.L. No. 1-1975 as Ch. 16 of the 1975 Village of Dundee Municipal Code. Section 105-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
Peddling and soliciting — See Ch. 97.
It shall be unlawful for any person to advertise or conduct any sale of goods, wares or merchandise, at retail or at auction that is represented as a bankrupt, insolvent, assignee, adjusters', trustees', executors', administrators', receivers', wholesalers', jobbers', manufacturers', 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 such 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 village without first filing with the licensing officer the inventory hereinafter provided for and obtaining from him a license so to do, to be known as a "closing-out-sale license."
The provisions of this chapter 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 or a seasonal sale or a special offering of merchandise.
A closing-out-sale license shall be issued only to the real party or parties in interest as owner.
The fee for such license shall be and the same is hereby fixed at $50 for a period of 30 consecutive days to be specified in such license; and, for any extension of time, a new license shall be obtained for each thirty-day period on similar application and filing a new inventory similarly verified.
The inventory required by § 105-1 shall contain a complete and accurate list of the stock or goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the wholesale price thereof, which inventory or list shall be executed and verified before a notary public by the person seeking the license or by an authorized resident agent thereunto.
Verifying inventory and sales. The licensing officer may in his discretion verify the details of any inventory filed for the purpose of obtaining a closing-out-sale license, or he may make a check and verify the items of merchandise sold during the sale.
Cooperation required. It shall be unlawful for any person to whom a closing-out-sale license has been issued to fail or refuse to give the licensing officer 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.
It shall be unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory, any goods, wares or merchandise which are not the regular stock of the store or stores, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purpose of such sale or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the licensing officer may ascertain the kind and quantity or number sold.
Any person who shall violate any provision of this chapter shall be punished as provided in § 1-6, Penalties for offenses, of Chapter 1, General Provisions, of this Code.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.