[Adopted 12-23-1952 by G.O. No. 34-1952; amended in its entirety 7-2-1991 by G.O. No.
15-1991]
The following words and terms, as used in this article, respectively,
shall be deemed to mean and be construed as follows:
The City Clerk of the City of Yonkers.
The Commissioner of Police of the City of Yonkers.
The Director of the Office of Licensing, who is also referred to as the Consumer Protection Officer in Article IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
[Amended 7-18-1996 by L.L. No. 5-1996]
A license issued pursuant to this article.
Any person to whom a license has been issued pursuant to
this article.
One or more natural persons of either sex, firms, partnerships,
corporations, associations, joint-stock companies, societies and all
other entities of any kind capable of being sued.
Includes 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 and all kinds and descriptions, on hand and in
stock, in connection with a declared purpose as set forth by advertisement
on the part of the seller that such sale is anticipatory to the termination,
closing, liquidation, windup, discontinuance, conclusion or abandonment
of the business in connection with such sale. It shall also include
any sale advertised to be a "retirement sale," "forced-out-of-business
sale," "removal sale," "loss-of-lease sale" and any and all sales
advertised in such manner as to reasonably convey to the public that,
upon the disposal of the stock of goods on hand, the business will
cease and be discontinued.
No person shall hereafter publish or conduct any sale of the
type herein defined without a license therefor.
A.Â
The Director is hereby authorized and empowered to supervise and regulate sales as defined in § 25-21 and to issue appropriate license or licenses therefor. Such license or licenses shall be issued in the discretion of the Director on the written application in a form approved by the Director and verified by the person who or by an officer of the corporation which intends to conduct such sale.[1]
B.Â
Such application shall:
(1)Â
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 and the means to be employed
in publishing such sale, together with the proposed language content
in any advertisement.
(2)Â
Contain an itemized list of the goods, wares and merchandise to be
offered for sale and the source from which such stock was purchased
or acquired, together with the dates of purchase of each article and,
if not purchased, the manner of such acquisition.
(3)Â
State that ownership of the items or articles to be offered for sale
was prior to the filing of application and is vested solely in the
applicant and that such items or articles are stored on the premises
at which such sale is to be held.
C.Â
The inventory shall be verified by the applicant.
D.Â
Such application shall contain any additional information as the
Director may require.
E.Â
On receipt of such application and payment of the fee hereinafter
prescribed, the Director shall cause the application to be examined
and the statements therein investigated. If, after such investigation,
the Director 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, the Director may then issue
a license permitting the publication and conduct of the sale; provided,
however, that such license shall not be issued until the lapse of
five days from the time of the filing of the application with the
Director.
F.Â
Such license shall be for a period not exceeding 30 days, except
that, upon satisfactory proof by the licensee that the stock in the
original application has not been disposed of, the Director may renew
such license for an additional thirty-day period upon payment of the
prescribed renewal fee. Such proof for a renewal license shall be
furnished in a form to be issued by the Director. Said renewal application
shall contain an itemized list of stock on hand, and the same shall
be verified by the applicant. The Director shall cause the renewal
application to be examined and the statements therein investigated,
and, if satisfied as to the truth of the statements therein contained,
the Director may issue a renewal license for a period not exceeding
30 days.
G.Â
The Director is further empowered to make such rules and regulations
for the advertisement and conduct of such sales or special sales as
will serve to prevent deception and to protect the public.
H.Â
The Director shall have the power to suspend or revoke at any time
for cause any license granted in accordance with this article.
[Amended 8-12-2004 by G.O. No. 5-2004]
On filing an original application or a renewal application for
a license to advertise and conduct a sale or special sale as hereinbefore
defined, the applicant shall pay to the Comptroller a fee in the sum
of $250. If any application or renewal application is disapproved,
said payment shall be forfeited to the City of Yonkers as and for
the cost of investigating the statements contained in such application
or renewal application.
A.Â
On commencement of any sale, as hereinbefore defined, the license
issued by the Director shall be prominently displayed near the entrance
to the premises.
B.Â
A duplicate original of the application and stock list pursuant to
which such license was issued shall at all times be available to the
Director, and the licensee shall permit the Director to examine all
merchandise in the premises for comparison with such stock list.
C.Â
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 a license was issued, and the wording
of such advertisements shall not vary from the wording as indicated
in the application.
D.Â
Such advertising shall in no manner or form whatsoever, either directly
or indirectly, indicate that such sale is held with the approval of
the Director. Such advertising shall contain a statement in these
words and no others: "Sale held pursuant to License No. _______________
issued by the Director of the Office of Licensing of the City of Yonkers,
on the ______ day of __________________, 19___," and in such blank
spaces shall be indicated the license number and the date of issuance
of the license.
[Amended 7-18-1996 by L.L. No. 5-1996]
E.Â
Suitable books and records as prescribed by the Director shall be
kept by the licensee, and they shall at all times be available to
the Director.
F.Â
At the close of business each day, the stock list attached to the
application shall be revised, and those items disposed of during each
day shall be so marked on such list. No additional merchandise shall
be added to the stock in the establishment of the licensee after issuance
of the first license.
The provisions of this article shall not apply to or affect
the following persons:
The Commissioner of Police shall render such aid and assistance
to the Director as the latter may require in the administration and
enforcement of this article.
