[1]
Editor's Note: For provisions pertaining to Christmas Tree
Sales, see Section 5-19 of this chapter.
[Ord. #57-039, § 2; 1958 Code § 23.1]
As used in this section:
Shall mean any and all means of conveying to the public notice
of a sale or notice of intention to conduct a sale, whether oral,
written, lettered or printed, including, but not limited to oral or
written announcement by proclamation, newspaper advertising, magazine
advertising, handbill, written or printed notice, printed display,
billboard display, poster or radio or television announcement.
Shall mean the sale or an offer to sell to the public or
any group thereof, goods, wares and merchandise on order, in transit
or in stock, in connection with the declared purpose as set forth
by advertising that such sale is anticipatory to or to avoid the termination,
liquidation, revision, wind up, discontinuance or abandonment of the
business in connection with such sale. It shall also include any sale
advertised to be a fire sale, adjustment sale, creditor's sale, trustee's
sale, liquidation sale, reorganization sale, alteration sale, executor's
sale, administrator's sale, insolvent sale, insurance salvage sale,
mortgage sale, assignee's sale, receiver's sale, loss of lease, wholesaler's
closeout sale, creditor's committee sale, forced out of business sale,
removal sale, quitting business sale, we quit sale, we give up sale
and any and all sales advertised in such manner as to reasonably convey
to the public that upon this disposal of the stock of goods on hand,
the business will cease and be discontinued.
[Ord. #57-039, § 1; 1958 Code § 23.2]
The purpose of this section is to safeguard the public and encourage
competition by prohibiting unfair, dishonest, deceptive, destructive,
fraudulent and discriminatory practices by which fair and honest competition
is destroyed and by which members of the public are damaged.
[Ord. #57-039, § 3; 1958 Code § 23.3]
The Chief of Police is authorized to supervise and regulate
sales as defined in this section.
[Ord. #57-039, § 4; 1958 Code § 23.4]
It shall be unlawful for any person to publish or conduct any
sale as defined in this section without first obtaining a license
therefor.
[Ord. #57-039, § 5; 1958 Code § 23.5]
Every application for a license required by subsection 5-5.4 shall be made to the Tax Collector of the City in writing and shall be verified under oath. Such application shall contain:
a.
A description of the location where such sale is to be held.
b.
The nature of the occupancy, whether by lease or sublease, and effective
date of termination of such tenancy or occupancy.
c.
The means to be employed in publishing such sale, together with the
proposed content of any advertisement.
d.
An itemized list of the goods, wares and merchandise to be offered
for sale, together with the cost at which the goods, wares and merchandise
were obtained by the owner thereof or person conducting such sale.
e.
The facts in regard to the insurance, bankruptcy, insolvency, assignment,
mortgage foreclosure, receivership, trusteeship, removal, executorship
or other cause advertised as the reason for the proposed sale.
f.
The place where such stock was purchased or acquired. If not purchased,
the manner of such acquisition and the time such property has been
in the possession of the owner in a fixed place of business and offered
for sale in the City.
g.
The name of the owner of the goods, wares and merchandise to be offered
for sale and if the sale is to be conducted by a person not the owner
of the goods, then the name of the person conducting such sale
h.
Any additional information as the Tax Collector or Chief of Police
may require.
[Ord. #57-039, § 6; 1958 Code § 23.6]
Upon the filing of an application for a sale license and after
investigation by the Chief of Police and determination that the provisions
of this section have been complied with, the Tax Collector shall issue
such license for a period not to exceed thirty (30) days. If the Chief
of Police determines that the methods to be used in conducting such
sale are false, fraudulent, deceptive or misleading, the application
must be denied. The Chief of Police may refuse a permit because of
the insufficiency of the information set forth in the application,
but in such event, the Chief of Police shall grant the applicant permission
to file an amended application. No application, however, shall be
denied unless an opportunity for hearing has been given the applicant
before the City Council and ten (10) days written notice should be
given to the applicant prior to the hearing.
[Ord. #57-039, § 7; 1958 Code § 23.7]
Upon satisfactory proof by the licensee that the stock itemized
in the original application has not been disposed of, the Tax Collector
may renew such license for an additional thirty (30) day period. Proof
that the stock has not been disposed of shall be furnished to the
Tax Collector in the form of an itemized list of stock on hand furnished
by the licensee.
The Chief of Police and Tax Collector shall cause such proof
to be examined and investigated and if satisfied as to the truth of
the statements therein contained, the Tax Collector may issue an additional
renewal license for a period not to exceed thirty (30) days; provided,
that the proof of offer to dispose of stock is furnished for each
renewal; and provided, further, that not more than three (3) such
renewals may be granted for any such sale for the same location within
one (1) year from the issuance of the original license.
[Ord. #58-025, § 1; 1958 Code § 23.8;
Ord. #92-05, § 4]
Upon the filing of the application for an original license to
advertise or conduct such sale, any applicant who has not held a valid
business license with the City for a period of one (1) year prior
to the filing of the application, shall pay to the City of Albany
a fee as is set forth in the Master Fee Schedule Resolution. If such
application be disapproved, such payments shall be forfeited to the
City to defray the cost of investigating the statements contained
in such application. Any application for renewal of a license by an
applicant shall bear an additional fee as is set forth in the Master
Fee Schedule Resolution. Any person who shall conduct a "going out
of business" or "close out sale", within the City who shall have been
in business within the City, and held a valid business license therein
for a period of one (1) year prior to the date of application to the
City, shall post a bond or security, as is set forth in the Master
Fee Schedule Resolution to insure compliance with the provisions of
this section. If the provisions of this section are complied with
during the sale, then, upon completion of the sale, the applicant
shall be entitled to a refund of any bond or security that was submitted
to the City of Albany.
[Ord. #57-039, § 9; 1958 Code § 23.9]
Upon commencement of any sale as defined in this section, the
license therefor shall be conspicuously displayed near the entrance
to the premises.
[Ord. #57-039, § 15; 1958 Code § 23.10]
The Council shall have the power to revoke any license granted
in accordance with this section whenever any such sale is being conducted
in violation of the provisions of this section or in such manner as
to deceive or defraud the public, or if the holder of any such license:
a.
Has made any material misstatement in the application for such license.
b.
Has been guilty of any fraudulent practice in the conduct of the
sale authorized by such license.
c.
Has failed to include in the inventory required by the provisions
of this section the goods, wares or merchandise required to be contained
in such inventory.
d.
Has added, caused to be added or permitted to be added any goods,
wares or merchandise not described in the original inventory.
e.
Has violated any of the provisions of Section 12-8 of this Code.
No license shall be revoked for any cause above enumerated until
a written complaint has been filed with the Chief of Police setting
forth in ordinary, concise language the charge made against such licensee.
The City Council shall conduct a hearing to determine the facts surrounding
such complaint and ten (10) days prior notice of such hearing shall
be delivered to the licensee. Upon the finding that the provisions
of this section have been violated and after such hearing, the City
Council may revoke the license.
[Ord. #57-039, § 10; 1958 Code § 23.11]
A duplicate original of the application and stock list pursuant
to which the license for a sale has been granted shall be available
at all times to the Chief of Police, or his inspectors, and the licensee
shall permit such inspectors or the Tax Collector to examine all merchandise
on the premises for the purpose of comparing the merchandise with
the stock list. At the close of each thirty-day period, the stock
list attached to such application shall be revised and items on such
list disposed of during such month shall be noted thereon.
Suitable books and records shall be kept by the licensee and
shall be available to the Chief of Police, his inspectors or the Tax
Collector.
[Ord. #57-039, § 11; 1958 Code § 23.12]
No goods, wares or merchandise shall be permitted to be offered
for sale as defined in this section at a fixed place of business within
the City, unless such goods have been continuously in possession of
the same owner at such fixed place of business for more than thirty
(30) days immediately prior to such sale and unless such goods have
been listed in the inventory filed with the application for a license.
[Ord. #57-039, § 12; 1958 Code § 23.13]
All advertising shall be descriptive of the nature of the sale
as stated in the application therefor. It shall be unlawful to indicate
in such advertising, either directly or indirectly, that such sale
is held with the approval of the City or any officer or employee thereof.
[Ord. #57-039, § 13; 1958 Code § 23.14]
The following persons shall be exempted from the provisions
of this section:
a.
Persons acting pursuant to an order of the 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.
c.
Duly licensed auctioneers selling at auction.
d.
Any publisher of a newspaper, magazine or other publication, which
publishes any such advertisement in good faith without knowledge of
its false, deceptive or misleading character or without knowledge
that the provisions of this section have not been complied with.
[Ord. #70-011, § 1; Ord. #76-06, § 1;
1958 Code §§ 23.15 to 23.19; Ord. #92-05, § 5]
a.
Permit Required. It shall be unlawful for any person, firm, group,
corporation, association, or organization to sell or offer for sale
any clothing, furniture, appliances, bric-a-brac or furnishings from
a dwelling within the City where the general public is invited to
participate by signs or advertising, known as garage sales, backyard
sales, patio sales, attic sales, flea market sales or rummage sales,
without obtaining a permit therefor and conforming to the regulations
which follow.
b.
Application for Permit. To obtain such a permit, applicant must file
a written application therefor in the office of the City Treasurer
at least three (3) days prior to the sale, under penalty of perjury,
which shall set forth:
1.
Location of proposed sale.
2.
A reasonable inventory of the goods to be offered for sale, the approximate
length of time the applicant has owned such goods or merchandise and
a statement certifying that all goods to be sold are owned by applicant.
3.
Name of the person, firm, group, corporation, association or organization
conducting such sale.
4.
Day or dates which the proposed sale is to be conducted.
5.
The date and nature of any past sale held by applicant subject to
the regulations herein.
c.
Issuance of Permit; Fee. Upon the filing of an application and determination
that the provisions of this subsection have been complied with, the
City Treasurer shall issue such permit for the time and place as set
forth in the application. If the City Treasurer determines that the
applicant does not qualify for a permit under the provisions of this
subsection, or that the information on the application is false, misleading
or deceptive, the application must be denied. The City Treasurer may
refuse a permit because of the insufficiency of the information set
forth in the application, but in such event, the City Treasurer shall
grant the applicant permission to file an amended application. If
the application is denied, the applicant shall have the right to appeal
such denial to the City Council, upon filing written notice of the
appeal with the City Clerk within five (5) days after notice of the
denial.
Upon the filing of the application for a permit, the applicant
shall pay to the City a fee as is set forth in the Master Fee Schedule
Resolution.
d.
Regulations for Permitted Sales. No permit shall be approved and
no such sale shall be permitted for more than two (2) days within
any fifteen (15) day period, and no more than two (2) such permits
shall be issued in any calendar year in any location.
No goods or merchandise shall be sold or offered for sale other
than that contained in the inventory of the application.
A sign no larger than three (3) square feet in area may be displayed
on the property announcing the sale during the permitted period, other
prohibitions of this Code notwithstanding.
e.
Exemptions. The provisions of this subsection shall not apply to
or affect the following sales persons:
1.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
2.
Persons acting in accordance with their powers and duties as public
officials.
3.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed ten (10) in number.
4.
Any publisher of a newspaper, magazine or other publication or other
communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without
knowledge that the provisions of this Code have not been complied
with.
5.
Any sale regulated under any other provisions of this Code.
6.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the City or under the protection
of the presently nonconforming section thereof, or any other sale
conducted by a manufacturer, dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited
in this Code.
7.
Any bona fide charitable, eleemosynary, educational or governmental
institution, or organization; provided, that the burden of establishing
the exemption under this section shall be on the organization or institution
claiming such exemption.
