[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.
A.
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.
B.
Contents. 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 in publishing such sale, together
with the proposed language content in any advertisement.
(4)
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.
(5)
A specific statement that ownership of the items or articles
to be offered for sale is vested solely in the applicant.
(6)
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.
(7)
Such additional information as the City Clerk may require.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
