[HISTORY: Adopted by the Board of Trustees of the Village of Ossining as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-5-1974 as Ch. 17, Art. IV, of the 1974 Code]
As used in this article, the following terms shall have the indicated meanings, unless, from the context, a different meaning clearly appears:
CLOSING-OUT SALE
Includes, but shall not be limited to, all sales advertised, represented or held forth under the designation of "quitting business sale," "going-out-of-business sale," "discontinuance of business sale," "closing-out sale," "selling out sale," "liquidation sale," "lost our lease sale," "must vacate sale," "forced out sale," "removal sale," "branch store discontinuance sale," "building coming down sale," "end sale," "final days sale," "final clearance sale," "last days sale," "lease expires sale," "we give up sale," "we quit sale," "warehouse closing sale," "warehouse removal sale," "reorganization sale" or any other advertising or designation by any other expression or characterization of an import similar to any of the foregoing, giving notice to the public that the sale will precede the abandonment of a business location.
DEFUNCT BUSINESS SALE
Includes, but shall not be limited to, all sales advertised, represented or held forth under the designation of "adjuster's sale," "administrator's sale," "assignee's sale," "benefit of creditor's sale," "benefit of trustee's sale," "creditor's committee sale," "creditor's sale," "executor's sale," "insolvent sale," "mortgage sale," "receiver's sale," "trustee's sale" or any other advertising or designation by any other expression or characterization of an import similar to any of the foregoing conveying the same meaning or giving notice to the public of a sale resulting from death, business failure or other adversity.
SALE OF GOODS DAMAGED BY FIRE, SMOKE OR WATER
Includes, but shall not be limited to, all sales advertised, represented or held forth under the designation of "fire sale," "smoke damage sale," "water damage sale," "flood damage sale," "insurance sale" or any other advertising or designation by any other expression or characterization of an import similar to any of the foregoing giving notice to the public that the goods, wares or merchandise offered for sale have been damaged.
UNUSUAL PURCHASE OR ADDITION
An purchase of goods, wares or merchandise during the 90 days preceding the application for a license required by this article, the total value of which is at least 25% greater than purchases made by the applicant for a like ninety-day period during the year next preceding the year in which the application for such license is made or the total value of which is at least 25% greater than the purchases made by the applicant for any ninety-day period if the applicant has been in business for less than one year.
It shall be unlawful for any person to advertise or hold out by any means that the sale of any goods, wares or merchandise to the public is a closing-out sale, a sale of goods damaged by fire, smoke or water or a defunct business sale, as defined in this article, unless a license is first obtained to conduct such a sale from the license officer.
[Amended 8-3-1999 by L.L. No. 2-1999]
In addition to such other information required by the license officer or Chapter 171, Licenses, the application for the license required by this chapter shall set forth and contain such information as is required by § 583 of the General Business Law.
[Amended 8-3-1999 by L.L. No. 2-1999]
The license fee for each sale for which a license is required by this article shall be set from time to time by resolution of the Village Board of Trustees.[1]
[1]
Editor's Note: The Schedule of Fees is on file in the Village offices.
[Added 8-3-1999 by L.L. No. 2-1999]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as provided in Article III, General Penalty, of Chapter 1, General Provisions.