[HISTORY: Derived from Articles III and XI of Chapter 11 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
No person shall sell or offer to sell to the public any goods, wares or merchandise represented or advertised as bankrupt stock, unless such stock shall in fact be the stock as contained in the schedules filed in bankruptcy of the bankrupt, nor represented or advertised as assigned stock, unless such stock shall in fact be the stock contained in the assignment for the benefit of creditors, nor any goods, wares or merchandise of any other kind or description 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, windup, discontinuance, conclusion or abandonment of the business in connection with which sale and any and all other sales advertised or conducted 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, without procuring a license therefor pursuant to this chapter.
The provisions of this chapter shall not apply to or affect the following persons:
The Chief of Police is hereby authorized and empowered to supervise and regulate sales or special sales defined in § 228-1. Application for said license is made to the City Clerk who shall issue the same.
Written application required. Such license or licenses shall be issued in the discretion of the City Clerk on the written application form required and verified by the person who, or by an officer of the corporation which, intends to conduct such sale.
Contents. Such application shall contain:
A description of the place where such sale is to be held.
The nature of the 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 proposed language content in any advertisement.
An itemized list of the goods, wares and merchandise to be offered for sale and the source from which such stock was purchased or acquired, together with the dates of purchase of each article and, if not purchased, the manner of such acquisition.
A specific statement that ownership of the items or articles to be offered for sale is vested solely in the applicant.
The representation that it is the applicant's intention to discontinue said business in the city immediately upon the expiration of the license applied for or upon the expiration of the period for which a renewal of said license is issued and that the applicant will discontinue said business immediately upon the expiration of the license applied for or the expiration of the period for which a renewal of said license is issued.
Such additional information as the City Clerk may require.
Verification of inventory. The inventory shall be verified by the applicant if he be an individual, by one of the partners if a partnership, or by a duly authorized officer if a corporation.
City Clerk to issue; time restriction. On receipt of such application and payment of the fee hereinafter prescribed, the City Clerk shall cause the application to be examined and the statements therein investigated. If after such investigation the City Clerk is satisfied as to the truth of the statements contained in such application and as to the form and content of the advertising to be used in connection with such sale, the City Clerk shall issue a license permitting the publication and conduct the sale; provided, however, that such license shall not be issued until the lapse of five days from the time of the filing of the application with the City Clerk.
Term; renewal. Such license shall be for a period not exceeding 30 days, except that upon satisfactory proof by the licensee that the stock in the original application has not been disposed of, the City Clerk may renew such license for an additional thirty-day period upon payment of the prescribed renewal fee. Such proof for a renewal license shall be furnished in a form to be issued by the City Clerk. Said renewal application shall contain an itemized list of stock on hand, and the same shall be verified by the applicant. The City Clerk shall cause the renewal application to be examined and the statements therein investigated, and, if satisfied as to the truth of the statements therein contained, the City Clerk may issue a renewal license for a period not exceeding 30 days.
License fee; refund. On filing an original application or a renewal application for a license to advertise and conduct a sale or special sale as hereinbefore defined, the applicant shall pay to the City Clerk a fee as established by resolution from time to time by the Common Council of the City of Oneonta. If any application or renewal is disapproved, 1/3 of such payment shall be forfeited to the city as the cost of payment for investigating the statements contained in such application or renewal application, and the balance returned to the applicant.
Display of license; stock list. On commencement of any sale, as hereinbefore defined, the license issued by the City Clerk shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to the Chief of Police or any police officer, and the licensee shall permit the Chief of Police or any police officer to examine all merchandise in the premises for comparison with such stock list.
Books and records. Suitable books and records as prescribed by the City Clerk shall be kept by the licensee, and they shall at all times be available to the City Clerk. At the close of business, each day the stock list attached to the application shall be revised and those items disposed of during the day shall be so marked on such list.
Additions to stock prohibited. No additional merchandise shall be added to the stock in the establishment of the licensee after the issuance of the first license.
The Chief of Police is further empowered to make such rules and regulations for the advertisement and conduct of such sales or special sales as in his opinion will serve to prevent deception and to protect the public.
All advertisements or advertising and the language contained therein shall be in accordance with the purpose of the sale as stated in the application pursuant to which a license was issued and the wording of such advertisements shall not vary from the wording as indicated in the application. Such advertising shall in no manner or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the City Clerk or any other city official. Such advertising shall contain a statement in these words and no others: "Sale Held Pursuant to License No. ________ issued by the City Clerk of the City of Oneonta, on the _____ day of _____________, 19____" and in such blank spaces shall be indicated the license number and the date of issuance of the license.
Any person who shall publish or conduct any sale or sales pursuant to license or renewal of license issued under this chapter shall discontinue the operation of said business in the city upon the expiration of the license or the expiration of any renewal of said license.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.