[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. VII, Art. III, of the 1983 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- DIRECTOR OF LICENSES
- The City Clerk of the City of Albany, New York.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PUBLISH, PUBLISHING, ADVERTISEMENT and ADVERTISING
- 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, by television announcement and by any and all means, including oral, written or printed.
- A 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 advertising on the part of the seller that such "sale" is:
- A. Anticipatory to the termination, closing, liquidation, windup, discontinuance, removal, conclusion or abandonment of the business, and advertised in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued or be removed to another location and using the following phrases and/or any other phrase or phrases of like or similar language or import which reasonably convey to the public that the sale is being conducted for such purposes: "going-out-of-business sale," "trustee sale," "liquidation sale," "executor's sale," "administrator's sale," "insolvent sale," "mortgage sale," "adjustor's sale," "receiver's sale," "loss-of-lease sale," "forced-out-of-business sale," "branch store discontinuance sale," "removal sale," "warehouse removal sale," "closing out sale," "quitting business sale," "last days' sale," "final days' sale" and "must vacate sale."
- B. A result or consequence of the purchase of another business or the goods and stock of a substantial part of the goods and stock of another business by the person conducting the sale and advertised in language which reasonably conveys to the public that the goods and merchandise of another business are being offered for sale and that the sale is being conducted for such purpose.
- C. Pursuant to the execution of a legal right by a party other than the original owner or owners of the goods, wares and merchandise, without court order, and advertised in the following phrases and in any other phrase or phrases of like or similar language which reasonably conveys to the public that the sale is of such nature: "adjustment sale," "reorganization sale," "creditor's committee sale," "renovation sale" and "assignee's sale."
- D. Pursuant to an intention to renovate, restore, rebuild or alter the premises in which the sale is taking place, and advertised in the following phrases and in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is conducted for such purposes: "alteration sale," "remodeling sale" and "renovation sale."
- E. A result of damage or alteration to the goods, wares and merchandise being offered for sale by reason of a disaster or other fortuitous occurrence, and advertised in the following phrases and in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is being conducted as a result of such occurrence: "fire sale," "insurance salvage sale," "damaged goods sale," "smoke sale" and "water damage sale."
It shall be unlawful for any person to publish or conduct any sale of a type herein defined without a license therefor.
Application for such license shall be in writing and shall be executed by the applicant under oath.
Such application shall contain the following information:
The true name and address of the owner of the goods which are the object of the sale.
The type of sale to be conducted and the reason for conducting such sale.
The dates of the commencement and termination of the sale.
A description of the place where such sale is to be held.
A statement showing how long the applicant has occupied the premises where such sale is to be held.
The nature of the applicant's occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The means to be employed in publishing such sale, together with the text of any and all proposed advertising matter.
A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records, which inventory shall be attached to and become part of the required application.
Bona fide orders. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.
Goods purchased for sale hereunder. Except in the case of a sale described in § 319-1, definition of "sale," Subsection B, such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder, and any unusual purchase or addition to the stock of goods of the business hereby affected within sixty (60) days before the filing of an application hereunder shall be deemed to be of such character.
A statement of where and from whom such stock was purchased or acquired and, if not purchased, the manner of such acquisition.
A statement showing how long the applicant has been the owner of the business.
Establish business requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license.
Exception for survivors of businessmen. Upon the death of a person doing business in this City, his or her heirs, distributees, devisees or legatees shall have the right to apply at any time for a license hereunder.
Interval between sales. Any person who has held a sale as regulated hereunder, at the location stated in the application, other than sales of the types described in § 319-1, definition of "sale," Subsections B and E, within one (1) year last past from the date of such application, shall not be granted a license.
Upon filing such application, the City Clerk, after investigation thereof, may issue such license, in his discretion, for a period not exceeding thirty (30) days.
The City Clerk may renew a license for one (1) additional period not exceeding thirty (30) days when he finds that:
Facts exist justifying the license renewal.
The licensee has filed an application for renewal in form prescribed by the City Clerk.
The licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and certifying that no goods not included in the original application and inventory will be sold during such renewal term.
Any application for a license under the provisions of this chapter covering any goods previously inventoried, as required hereunder, shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.
A license issued pursuant to this chapter shall:
Authorize only the one (1) type of sale described in the application, and such sale shall be at the location named therein; and
Authorize only the sale of goods described in the inventory attached to the application, and the sale of any other goods shall constitute a violation of this chapter.
A license authorized by this chapter shall not be assignable or transferable.
[Amended 11-21-1983; 11-25-2002 by Ord. No. 42.112.02]
Upon filing an application for an original or for a renewal license to advertise and conduct a sale authorized by this chapter, the applicant shall pay to the City Clerk a fee of $27.50. If any such application shall be disapproved, such payment shall be forfeited to the City Clerk to defray the cost of investigating the statements contained in such application.
The licensee herein described shall:
Maintain a duplicate original of the application and stock list pursuant to which such license was granted, and the same shall be available at all times to the City Clerk and his inspectors, and the licensee shall permit such persons to examine all merchandise on the premises for comparison with such stock list.
At the close of business each day, revise the stock list attached to such duplicate application, and items on such list disposed of during the day shall be noted thereon.
Maintain suitable books and records, as prescribed by the City Clerk, and the same shall be available at all times to the City Clerk and his inspectors.
Adhere to inventory. Make no additions whatsoever before or during the period of the licensed sale to the stock of goods set forth in the inventory attached to the application for license.
Display of license. Upon commencement of any sale and for the duration thereof, display the license on the premises, but such license shall be displayed only in its original form.
Provide that all advertising shall be descriptive of the nature of such sale as stated in the application therefor, and that the language in such advertising shall be identical to the advertising matter set forth in the original or renewal application and shall not indicate in such advertising, either directly or indirectly, that such sale is held with the approval of the City Clerk of the City of Albany, and no reference shall be made to such license in any form of advertising, promotion or display.
In advertising a sale, as defined in § 319-1, only advertise, describe, portray and list such goods as are actually acquired in the purchase of the other business or the stock of the other business, and goods and merchandise not so acquired shall not be included in the same advertisement even when accompanied by the explanation that such additions are made to fill out, complement or complete the sale.
Not make or cause to be made any assertion, representation or statement of fact in such advertising that is untrue, deceptive or misleading nor, in an effort to sell merchandise, make or cause to be made any oral assertion, representation or statement of fact that is untrue, deceptive or misleading.
Segregation of goods. Separate the inventoried goods which are the object of the sale from noninventoried goods and make the distinction clear to the public by:
No person shall, upon the conclusion of any sale as defined in § 319-1 of this chapter, continue at the same premises a business or business operation of the same or similar nature to that for the discontinuance of which such license was issued nor within one (1) year after the conclusion of such sale resume such business at the same premises.
The following persons shall be exempt from the provisions of this chapter:
The City Clerk may make rules and regulations for the conduct and advertisement of the sales defined in § 319-1 of this chapter and such rules and regulations as may be necessary to carry out the purpose of this chapter.
The license provided in this chapter shall be in addition to any other license, permit or authorization provided for in any other law, ordinance, rule or regulation of the City of Albany or of any other governmental unit or agency.
Any person who shall violate or who shall neglect or refuse to comply with this chapter or any of the provisions thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than one hundred dollars ($100.) or by imprisonment not exceeding sixty (60) days, or by both such fine and imprisonment, and each day of violation shall constitute a separate offense and be subject to punishment as such.