The following words and terms, as used in this article, respectively,
shall be deemed to mean and be construed as follows:
DIRECTOR
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]
LICENSE
A license issued pursuant to this article.
LICENSEE
Any person to whom a license has been issued pursuant to
this article.
PERSON
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.
PUBLISH, PUBLISHING, ADVERTISEMENT or ADVERTISING
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.
SALE
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.
[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.
The provisions of this article shall not apply to or affect
the following persons:
A. Persons acting pursuant to an order or process of a court of competent
jurisdiction.
B. Persons acting in accordance with their powers and duties as public
officers, such as Sheriffs and Marshals.
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.