[HISTORY: Adopted by the Council of the City
of Schenectady 2-9-1970 by Ord.
No. 15274.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 117.
Auctions and auctioneers — See Ch. 131.
Garage sales — See Ch. 159.
Pawnbrokers — Ch. 189.
Precious metal dealers — See Ch. 203.
[1]
Editor's Note: The provisions of this chapter
are derived from Ch. 25 of the former Revised Ordinances, adopted
2-9-1970 as Ord. No. 15274.
As used in this chapter, the following terms
shall have the meanings indicated:
Any and all means of conveying to the public a notice of
a 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 and any and all means, including
oral, written or printed.
The sale of or 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 anticipatory to the termination,
closing, liquidation, revision, windup, discontinuance, conclusion
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, adjuster's
sale, receiver's sale, loss-of-lease sale, wholesaler's closeout sale,
creditors' committee sale, forced-out-of-business sale, removal sale
and any and all sales advertised in such manner as to reasonably convey
to the public that, upon the disposal of the stock of goods on hand,
the business will cease and be discontinued.
[Amended 10-29-1973 as Ord. No. 16216]
The Office of Consumer Protection is authorized to supervise and regulate sales as defined in § 214-1.
It shall be unlawful for any person to publish
or conduct any sale of the type herein defined without a license therefor.
A.
All applications for such license shall be in writing
and shall be verified under oath by the applicant.
B.
Such application shall contain:
(1)
A description of the place where such sale is to be
held.
(2)
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
(3)
The means to be employed when publishing such sale,
together with the proposed content of every advertisement.
(4)
An itemized list of the goods, wares and merchandise
to be offered for sale.
(5)
The place where such stock was purchased or acquired
and, if not purchased, the manner of such acquisition.
(6)
Any additional information as the Director of the
Office of Consumer Protection may require.
[Amended 10-29-1973 by Ord. No. 16216]
[Amended 10-29-1973 by Ord. No. 16216]
Upon filing an application required by this
chapter with the Office of Consumer Protection and after investigation
thereof, the Director may issue the license, in his discretion, for
a period not exceeding 30 days.
A.
Any applicant for a license 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 months prior to the date of
the proposed sale shall not be granted a license.
B.
The Director may, in his discretion, grant an exception
to the provisions of this section in the case of the death of the
proprietors or in the event of the bankruptcy of the applicant and
in other cases where special circumstances justify an exception.
[Amended 10-29-1973 by Ord. No. 16216]
A.
No applicant in contemplation of conducting any sale
required to be licensed by this chapter or during the continuance
of such a sale shall order any goods, wares or merchandise for the
purpose of selling them at such sale, and any unusual purchase or
additions to the stock of such goods, wares or merchandise within
60 days before the filing of such application for a license to conduct
such a sale shall be presumptive evidence that such purchase or additions
were made in contemplation of such sale and for the purpose of selling
them at such sale. Furthermore, such sale shall not comprise goods
purchased on consignment.
B.
Violation of this section shall be deemed grounds
for denial of a license or revocation thereof.
[Amended 10-29-1973 by Ord. No. 16216]
A.
Upon satisfactory proof by the licensee that the stock
itemized in the original application, as required by this chapter,
has not been disposed of, the Director may renew such license for
an additional 30 days or any part thereof.
B.
Such proof shall be furnished on a form supplied by
the Director. It shall contain an itemized list of stock on hand and
shall be verified under oath by the applicant.
A.
No licensee shall use any assertion, representation
or statement of fact in conveying to the public notice of a sale regulated
by this chapter which is untrue, deceptive or misleading. No licensee
in an effort to sell merchandise shall use any oral assertion, representation
or statement of fact which is untrue, deceptive or misleading.
B.
No licensee shall advertise by display or otherwise
any merchandise he does not intend to sell at prices set forth in
said advertisements. This also applies to tags on merchandise. Show
windows shall be so arranged as to clearly show to which merchandise
specific tags or show cards apply. If any merchandise on display in
a window or otherwise is out of stock and cannot be removed from the
display, it must be sold to the customer requesting same no later
than the following day.
C.
No licensee shall offer to procure for a prospective
customer any quantity or quality of goods or merchandise that was
not in the stock listed as a part of the original inventory or on
contractual order as per inventory submitted to the Director at the
time of application for license. Such contractual orders so listed
must be corroborated by affidavit from the manufacturer, importer
or other source of supply.
[Amended 10-29-1973 by Ord. No. 16216]
No licensee shall make additions during the
period of the licensed sale to the stock of goods set forth in the
inventory attached to the application for a license.
[Amended 10-29-1973 by Ord. No. 16216]
A licensee, in addition to revising his stock
list at the close of each business day, shall provide an inventory
of stock on hand to the Director, whenever requested by him, on two
days' notice or similar reasonable period.
No licensee who shall have conducted a sale
pursuant to the provisions of this chapter shall thereafter carry
on or conduct the same business carried on or conducted prior to the
sale, as regulated by this chapter, within one year from the expiration
of any license or renewal thereof.
[Amended 10-29-1973 by Ord. No. 16216]
The Director may make such other and further
rules and regulations for the conduct and advertisement of sales regulated
by this chapter as, in his opinion, will serve to prevent deception
and to protect the public.
[Amended 6-2-1986 by L.L. No. 3-1986]
Upon filing an application for an original or
renewal license to advertise and conduct a sale under this chapter,
the applicant shall pay to the Director a fee of $100. If any such
application is disapproved, such payment shall be returned to the
applicant less the sum of $5, which shall be retained by the City
to defray the cost of investigating statements contained in such application
or renewal.
Upon commencement of any sale regulated by this
chapter, the license shall be conspicuously displayed near the entrance
to the premises.
A.
A duplicate original of the application and stock
list pursuant to which such license was granted shall be available
at all times to the Director or to his authorized inspectors, and
the licensee shall permit such inspectors to examine all merchandise
on the premises for comparison with such stock list.
[Amended 10-29-1973 by Ord. No. 16216]
B.
At the close of business each day, the stock list
attached to such application shall be revised, and items on such list
disposed of during such day shall be noted thereon.
[Amended 10-29-1973 by Ord. No. 16216]
Suitable books and records, as prescribed by
the Office of Consumer Protection, shall be kept by the licensee and
shall be available at all times to the Director or his inspectors.
[Amended 10-29-1973 by Ord. No. 16216]
A.
All advertising shall describe the nature of such
sale as stated in the application. The language in such advertising
shall be identical to the advertising in the application.
B.
It shall be unlawful to indicate in such advertising,
either directly or indirectly, that such sale is held with the approval
of the Director.
C.
Such advertising shall contain a statement as follows:
"Sale held pursuant to license No.......... of the City of Schenectady,
granted by the Director the..... day of ................."
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In such blank spaces the license number and
the requisite dates shall be indicated.
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The following persons shall be exempt from the
provisions of this chapter:
