[HISTORY: Adopted by the Board of Trustees of the Village of Endicott as indicated in article histories. Other amendments noted where applicable.]
Article I Going-Out-of-Business Sales
[Adopted 10-23-1989 by L.L. No. 5-1989 as Ch. 173, Art. I, of the 1989 Code]
As used in this article, the following terms shall have the meanings indicated:
- The sale or offer to sell, by any person or by any agents or employees thereof, to the public any goods, wares or merchandise, of any kind and all kinds and descriptions and of any nature whatsoever, in connection with the declared purpose, as set forth by any form of advertising on the part of the seller, that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such "sale." It shall include any and all "sales" advertised in such a manner as to reasonably convey to the public the impression that, upon disposal of the stock of goods on hand, the business will be permanently ceased and discontinued.
The following persons shall be exempt from the provisions of this article:
The Village Clerk or his delegated agent is hereby authorized and directed to supervise and regulate sales as defined in this article.
The Village Clerk may make such rules and regulations for the advertisement and conduct of such sales as, in his opinion, will serve to prevent deception and to protect the public.
It shall be unlawful for any person or any agent or employees thereof to advertise or conduct any sale of the type defined in § 196-1 hereof without first securing a license therefor, which license shall be known and designated as a "going-out-of-business license," from the Village Clerk.
Application for a going-out-of-business license shall be in writing and shall be verified under oath. Such application shall contain:
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease, sublease or otherwise and the effective date of the termination of such occupancy by the applicant for such license.
The means to be employed in advertising such sale, together with the proposed content of any advertisement.
An itemized list of goods, wares or merchandise to be offered for sale, including all merchandise then contracted for or en route to said applicant but not yet in his possession.
The place where such stock was purchased or acquired and, if not purchased, the manner of such acquisition.
Any additional information relating to the sale as the Village Clerk may deem necessary.
A statement that the representations made in said application are bona fide and that said license applied for is accepted and acknowledged by the applicant as being issued by the Village in reliance upon such representations.
Upon filing an application for an original going-out-of-business license to advertise and conduct a going-out-of-business sale, the applicant shall pay to the Village Clerk a fee of $100.
Upon the filing of an application for a going-out-of-business license, the Village Clerk, after investigation thereof, may issue such license, in his discretion, for a period not exceeding 60 days.
If any application for a license to conduct a going-out-of-business sale is disapproved, the license fee submitted with the application for such license shall be retained by the Village to defray the cost of investigating the statements contained in the license application.
Upon satisfactory proof by the licensee that the stock itemized in the original application as not been disposed of and upon payment of a renewal fee as hereinafter provided, the Village Clerk may renew a going-out-of-business license for an additional sixty-day period. Such proof shall consist of a statement made and verified by a certified public accountant that he has examined the books and records of the applicant and that said applicant has placed no orders for nor received for sale any goods, wares and merchandise in addition to the goods, wares and merchandise set forth in the inventory list accompanying the original application.
The fee for the renewal of a going-out-of-business license shall be $50.
Upon commencement of any going-out-of-business sale, the license therefor shall be conspicuously displayed near the entrance to the premises.
A duplicate original of the application for a going-out-of-business license and stock list pursuant to which such license was granted shall be available at all times to the Village Clerk or to his inspectors, and the licensee shall permit such inspectors to examine all merchandise on the premises for comparison with such list.
All advertising of a going-out-of-business sale shall be descriptive of the nature of such sale as stated in the application therefor. The language in such advertising shall be identical with the advertising content as indicated in the application. It shall be unlawful to indicate in such advertising, either directly or indirectly, that such sale is held with the approval of the Village or any of its officers or employees. Such advertising shall contain a statement in the following words and no others: "This sale held pursuant to License No. ________ granted the __________ day of _________________." In such blank spaces the license number and the requisite dates shall be indicated.
It shall be unlawful for any person licensed under the provisions of this article to bring upon or cause to be brought upon the premises described in the license application any goods, wares or merchandise not shown or otherwise accounted for in said application with intent to advertise, sell or offer for sale such goods, wares or merchandise to the public.
Each day, at the close of business, the stock list attached to the license application shall be revised, and items on such list disposed of during such day shall be noted thereon.
Any person licensed under the provisions of this article to conduct a going-out-of-business sale shall maintain and keep suitable books and records, and said books and records shall be made available for inspection at all times to the Village Clerk or his designated inspectors.