City of Yonkers, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
It shall be a violation to sell any consumer goods or services at a greater price than the price displayed or advertised. The selling price shall be clearly stamped, tagged, labeled or otherwise marked in Arabic numerals on each item of consumer goods offered for sale in the City of Yonkers.
B. 
The provisions of Subsection A of this section shall not apply to the following consumer goods, provided that the selling price and the unit of measure are plainly and clearly displayed in Arabic numerals on a sign clearly designating the particular consumer goods to which it refers and located as close as practicable and closer than any other sign to the location at which the goods are displayed:
(1) 
Fresh milk.
(2) 
Fresh eggs.
(3) 
Items such as gum, candy and cigarettes offered for sale in single packages.
(4) 
Food sold for consumption on premises.
(5) 
Food or other goods sold from vending machines operated by the consumer.
(6) 
Fresh produce which is not packaged prior to sale; displayed for sale in bulk; and is either packaged for or by the consumer at the time of sale.
(7) 
Nonfood consumer goods which are not packaged prior to sale; displayed for sale in bulk; and are either packaged for or by the consumer at the time of sale.
(8) 
Nonfood consumer goods offered for a period of seven days or less on sale on good faith at a price below the price such commodities are usually sold for in the store, provided that the sale price is clearly indicated to the consumer at both the point of display of such goods and at the point of sale.
(9) 
Nonfood consumer goods which are subject to uniform, across-the-board price changes in the ordinary course of business, and which are customarily marked in good faith either with an alphabetic or color code referring directly to the corresponding numerical prices displayed on signs; provided, however, that such corresponding price signs are clearly visible to the consumer at both the point of display and at the point of sale of said goods.
C. 
It shall be a violation of this code to:
(1) 
Stamp, label, tag or otherwise mark any item of consumer goods at a selling price greater than the price advertised or displayed for that item.
(2) 
Stamp, label, tag or otherwise mark more than one selling price upon an item of consumer goods offered for sale in Yonkers unless the prior selling price is unmistakably deleted or obliterated or is otherwise marked so as to indicate clearly that the prior selling price is not the current selling price.
(3) 
Sell or offer for sale any consumer goods or services at a greater price than the price displayed or advertised.
(4) 
Sell or offer for sale any consumer goods which do not have a selling price marked thereon, or which do not have a selling price displayed in conformity with Subsections A and B of this section.
A. 
It shall be a violation of this code to sell or to offer for sale any consumer goods unless the designation "TX" or "TAX" shall be clearly marked immediately after the marked selling price of each item upon which the merchant is required to collect a sales tax for any taxing authority.
B. 
The provisions of Subsection A of this section shall not apply to merchants who offer or expose for sale goods of which not more than 3% are nontaxable items.
It shall be a violation of this code:
A. 
In the sale, rental or repair of consumer goods and/or the sale of consumer services, to sell or deliver any defective consumer goods with knowledge thereof, unless each item is plainly marked as defective and the nature of the defect is clearly shown or stated.
B. 
To offer for sale or lease consumer goods which are not new and to advertise such goods without disclosing that they are not new. Words such as "used" or, where applicable, "antique," "demonstrator's floor model," "rebuilt," "renovated," "restyled" or remodeled may be used to indicate that the goods are not new. "Floor model" shall be defined as any item which is sold from the floor or a display in a particular case but which is not regularly sold from the floor or from such a display.
C. 
To utilize any register, machine or any other device for the purpose of itemizing or totaling consumer sales, which register, machine or device does not display on at least one side, visible to the consumer, the cost of each item purchased plus the tax and total cost of all items purchased.
D. 
To cause, allow or approve the package, obstruction or concealment from the view of the consumer of any display required in Subsection C of this section on a register, machine, device or part thereof used to itemize and/or total sales to such consumer.
E. 
To cause, allow or approve the blockage, obstruction or concealment from the view of the consumer of any scale, machine, weighing device or part thereof used to weigh or indicate the weight of consumer goods offered for sale to consumers in the City of Yonkers. As used herein, the meaning of the terms "blockage, obstruction, concealment" shall include but not be limited to the placing of any merchandise, display, partition or counter within eight inches of the top or sides of a weighing device; or any act which prevents the consumer from viewing the items weighed and the indication of the weight of that item. This subsection shall not apply to weighing devices used to indicate the weight of consumer goods packaged by the merchant in advance of being sold, offered for sale or exposed for sale, where such consumer goods have affixed to the package a label clearly indicating the weight of the goods.
F. 
To fail to give notice, by a sign prominently displayed at the cash register or at the store entrance and by a clearly printed statement on all sales receipts, of the existence of any present policy regarding refunds, credit or exchange on unused goods. This subsection shall not apply to the sale of food items, perishable items, items sold "as is" or special sale items.
G. 
To refuse reasonable requests to sell to a consumer, when practicable, food items in smaller quantities than those that are packaged by the retailer.
A. 
It is a deceptive practice in the sale or lease or the offering for sale or lease of consumer goods for any person, including any business entity which sells or leases merchandise (hereinafter referred to as "the seller") to fail to disclose an estimated delivery date or an estimated range of delivery dates, conspicuously in writing on the contract for the sale of merchandise, at the time the order is taken and to fail to deliver the merchandise by the latest date promised or stated for delivery, except in conformity with this regulation.
B. 
The seller must deliver the merchandise no later than the last date for delivery disclosed on the contract unless the customer is notified, in writing or by verbal communication supplemented within one day by a writing, of the delay and the anticipated delivery date or range of delivery dates.
C. 
If the merchandise has not been delivered within 30 days of the originally promised date, the seller must, at the option of the customer:
(1) 
Cancel the contract with full refund.
(2) 
Cancel the contract and give the customer a credit.
(3) 
Negotiate a new delivery date with the customer.
(4) 
Allow the customer to make a new selection of merchandise.
D. 
The customer shall be notified in writing of these options prior to the expiration of this thirty-day period. When the customer requests a refund pursuant to the provisions of this regulation, the refund must be made within two weeks of the request. When a partial delivery has been made, Subsections B and C apply to the order. When a delay in delivery beyond the originally promised date is caused by a strike, the delivery date can be extended by an amount of time equal to the duration of the strike.
E. 
When the seller fails to conform to this section and/or upon negotiating a new delivery date fails to meet this new delivery date, five-percent monthly interest shall be paid to the consumer on the money deposited.
F. 
There is no violation of this section when the failure to deliver is caused solely by the consumer.
G. 
Nothing in this regulation shall be construed to waive any right that a customer has under the common law or by statute.
It shall be a violation for any merchant engaged in the sale of automobiles to fail to disclose an estimated delivery date or an estimated range of delivery dates, conspicuously in writing on the contract for the sale of the automobile(s), at the time the order is taken. It shall be a violation to fail to deliver the automobile by the latest date promised as stated for delivery except as herein provided:
A. 
The merchant shall deliver the automobile no later than the last date for delivery disclosed on the contract unless the consumer is notified, in writing or by oral communication confirmed in writing within one day, of the delay and the anticipated date or range or delivery dates.
B. 
If the automobile has not been delivered within 45 days of the estimated delivery date, the consumer at his option may:
(1) 
Cancel the contract with full refund.
(2) 
Cancel the contract and receive credit from the merchant.
(3) 
Negotiate a new delivery date with the merchant.
(4) 
Make a new selection of an automobile and receive credit for any payment made.
C. 
The merchant shall notify the consumer in writing of these options within 45 days of the estimated delivery date. When a consumer requests a refund pursuant to the provisions of this section, the refund must be made within two weeks of the request.
D. 
When a delay in the delivery beyond the originally promised date is caused by a strike, the amount of time of the delay equal to the duration of the strike shall not be counted in computing the 45 days referred to in Subsection B of this section.
E. 
There is no violation of this section when the failure to deliver is caused by the consumer.
A. 
It shall be a violation of this code for any merchant or other person engaged in the sale of consumer services to be performed in the future to fail to:
(1) 
Conspicuously set forth in any contract, order, form, receipt or other written memorandum a date to commence and a date to complete the performance of that service; or
(2) 
Commence and complete the performance of that service on the date or dates agreed upon with the consumer, unless:
(a) 
The consumer is notified, in writing or by oral communication to be confirmed in writing within one day, of the delay and the revised date of commencement and/or completion; and
(b) 
The consumer agrees to the revised dates.
B. 
If the merchant or other person providing the service shall fail to comply with the requirement to disclose a commencement and/or completion date as provided in Subsection A, or if the service has not been performed within the period of time disclosed, the consumer, at his option may:
(1) 
Cancel the contract with full refund for uncompleted portions of the work, provided that the consumer has paid in advance therefor; or
(2) 
Negotiate a new commencement and/or completion date with the merchant.
A. 
It shall be a violation for a merchant removing consumer goods from the possession of the consumer for the purpose of repair:
(1) 
To fail to give the consumer:
(a) 
A receipt.
(b) 
A written estimate of the cost of the repair before commencing work, except when the merchant or its employees involved are illiterate.
(2) 
To fail to secure a written authorization signed by the consumer to repair the consumer goods at the written estimated price before commencing work.
(3) 
To fail to deliver upon request by the consumer any part replaced unless the consumer had knowledge that such part was defective and in need of replacement at the time he relinquished possession to the merchant, e.g., torn auto upholstery, broken auto windows, watch crystals or radio cases, or unless the consumer expressly waives this requirement in writing. Exhibit and tender of a replaced part to the consumer in lieu of delivery is sufficient where such part:
(a) 
Is too large to be easily moved;
(b) 
Must be returned to the manufacturer in order for the consumer to take advantage of a parts warranty; or
(c) 
Is purchased by the merchant from the consumer for rebuilding.
(4) 
To charge a total price, excluding tax, which is more than 20% above the written estimate, unless a revised estimate has been submitted and accepted by the consumer.
(5) 
To fail to deliver the repaired item, together with a final bill for the work completed on the promised completion date, unless the consumer is notified in writing of the delay and the anticipated completion date. If complete repair is delayed for an unreasonable period of time, the consumer shall have the right to the immediate return of the property without charge.
B. 
The estimate of repair price may be orally communicated to the consumer if:
(1) 
By reason of time and/or distance, it is impractical to deliver a written estimate and obtain a signed authorization before the day agreed upon for repairs to commence; and
(2) 
An oral agreement to proceed is reached with the consumer before the actual repair is commenced and a copy of a written estimate is mailed to the consumer before any work is commenced.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
The provisions in this section relating to written estimates and signed authorization for work to commence shall be applicable to home improvements, repairs and additions. It shall be a violation of this code for a contractor to fail to commence and complete home improvement repairs and additions on the date agreed upon with the consumer unless:
(1) 
The consumer is notified in writing of the delay and such work is commenced within a reasonable time thereafter; or
(2) 
A full refund is made for uncompleted portions of the work, but only after having been paid in advance therefor.