City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Art. II of Ch. 17 of the 1972 Code of Ordinances. Amendments noted where applicable.]
General penalty — See Ch. 1, Art. I.
Auctions and auctioneers — See Ch. 87.
Peddling and soliciting — See Ch. 163.
No person shall hereafter offer for sale or conduct any sale of goods, wares and merchandise in the City as an insurance, bankrupt's, railway wreck, insolvent's, syndicate's, assignee's, trustee's, estate's, executor's, administrator's, receiver's, wholesale, manufacturer's job lot, closing-out, smoke, fire, water or similar damage sale, except in cases where all of the goods so offered for sale were part of the regular stock of goods of such person regularly doing business in the City for a period of one year prior to such offering for sale, unless a license to hold such sale is first obtained under the provisions of this chapter.
Application for a license hereunder shall be made in writing at the office of the City Clerk, giving all of the information required herein, to be stated in the notice which is required by this chapter to be posted in the premises where such sale is to be held and giving such other further information as the City Clerk may properly require.
[Amended 7-6-2010 by L.L. No. 10-2010]
A license fee as set forth in the City of Beacon fee schedule[1] shall be paid to and collected by the City Clerk.
Editor's Note: The fee schedule is on file in the City offices.
Where goods offered for sale as described in § 175-1, or any part hereof, are not the regular stock of goods of such person, it shall be unlawful to hold such sale unless such person shall, and at all times during the sale, have posted in a conspicuous place where such sale is being held or intended to be held a statement which shall show the name or names of the persons from whom such additional stock of goods has been secured, the date or dates of the procurement thereof, the places the goods were secured from and then follow such date or dates with a statement of what goods have been so procured from each person, giving place and date of each purchase. Such person shall also state in any announcement or advertisement of any kind of such sale all of the facts which are heretofore required to be included in such statement so to be posted on the premises where such sale is held or intended to be held, except that the list of goods procured may be omitted.
In the event that a licensee shall add to the list of goods described in his application for license, said licensee shall, within 24 hours after making such addition or additions, report the same to the City Clerk in the same form and detail as in the original application for license. A copy of such report or reports shall be posted with the original statement referred to in § 175-4.
All sales shall be held in the premises described in the license application; provided, however, that such sale shall not be held in any premises in which such goods or merchandise had not previously been offered for sale in the regular course of business by such applicant.
Licenses shall not be assignable or transferable in any manner.
Licenses shall be limited to a period not exceeding 30 days with reference to each particular stock of goods.
Misrepresentations. No licensee hereunder shall make any false representations, either verbally or in the form of any book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, advertisement or announcement of any sort, as to the character, quality, condition, value or ownership of any property offered for sale or, by any guise, method or manner, seek to persuade or hold out to a prospective customer or to the public generally that the goods which are being offered for sale are the regular stock of goods of the person holding the sale, if in truth and in fact they are not so. In all such cases, the true name of the person holding such sale or benefiting thereby shall fully appear.
Definition. The description "regular stock of goods" is intended to and shall mean the stock of goods which a merchant has normally on hand in the regular course of his business prior to becoming bankrupt, making assignment or being classified under any of the captions, titles or designations set forth and does not include any goods which were purchased prior or subsequent to such happenings or events for the purpose of augmenting such stock of goods for such sale.
Goods to be marked. All goods which are added to such regular stock shall be plainly tagged and marked "not part of regular stock," and such tags are to be of a color different from that used on the regular stock.
Exceptions to section. This section does not apply in any manner to the sale of goods, wares and merchandise in the regular course of business of any merchant other than a transient merchant, nor to regular, orderly, seasonal or inventory sales of such merchants. It shall not apply to sales of goods in bulk, but shall apply to a resale of such stock of goods.
[Amended 3-16-1992 by L.L. No. 2-1992]
Any violation of this chapter shall be deemed punishable pursuant to the provisions of § 1-3.