City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady 2-9-1970 by Ord. No. 15274.[1] Section 214-14 amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other 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.

§ 214-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING
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.
SALE
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.

§ 214-2 Sales supervision and regulations.

[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.

§ 214-3 License required.

It shall be unlawful for any person to publish or conduct any sale of the type herein defined without a license therefor.

§ 214-4 Application for license.

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]

§ 214-5 Term of license.

[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.

§ 214-6 Duration of business condition for license.

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]

§ 214-7 Purchases in contemplation of sales.

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.

§ 214-8 Renewal of licenses.

[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.

§ 214-9 Misrepresentation.

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]

§ 214-10 Additions to stock unlawful.

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.

§ 214-11 Stock list; inventory of stock.

[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.

§ 214-12 Future sales restricted.

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.

§ 214-13 Additional rules.

[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.

§ 214-14 Fees. [1]

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.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 214-15 Conspicuous display of license.

Upon commencement of any sale regulated by this chapter, the license shall be conspicuously displayed near the entrance to the premises.

§ 214-16 Stock records.

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.

§ 214-17 Availability of records for inspection.

[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.

§ 214-18 Advertising.

[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 ................."
In such blank spaces the license number and the requisite dates shall be indicated.

§ 214-19 Exemptions.

The following persons shall be exempt from the provisions of this chapter:
A. 
Persons acting pursuant to an order of process of a court of competent jurisdiction.
B. 
Sheriffs and marshals acting in accordance with their powers and duties as public officers.
C. 
Duly licensed auctioneers selling at auction.