Village of Laurel Hollow, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Laurel Hollow 3-21-1983 as L.L. No. 2-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising and handbills — See Ch. 5.
Peddling and soliciting — See Ch. 88.
A. 
No person, firm or corporation shall sell personal or real property by public auction intended to be conducted or managed by any person who acts in the capacity of auctioneer, whether or not licensed, without first having applied for and procured a written license therefor from the Mayor or any other village officer so designated, in writing, by the Mayor or Village Board.
B. 
This Article shall not apply to sales by public officers.
A. 
Application for such license shall be written and verified in a letter or other form required by the village, executed by the applicant and filed with the Village Clerk not less than twenty (20) days before the date of the proposed public auction. The application shall be accompanied by payment of a license fee of one hundred dollars ($100.) per day or part thereof that the auction sale may be in progress. Such application shall substantially set forth the following information:
(1) 
Name of the persons, firm, group, corporation, association or organization conducting said sale.
(2) 
Name of the owner of the property on which said sale is to be conducted, and the consent of the owner if the applicant is other than the owner.
(3) 
Location at which the sale is to be conducted. (4) Number of days of the proposed sale.
(4) 
If real property is intended to be sold, the Nassau County Land and Tax Map designation and the street number of said premises.
(5) 
A general description of the personal property or merchandise offered for sale and whether any of said property was brought into the premises specifically for purposes of sale.
(6) 
Proof of satisfactory insurance coverage.
B. 
Such license shall not be issued to any applicant who, in the judgment of the Mayor, is likely to disturb the peace and order of the village or if the granting of such license may adversely affect the health, safety or welfare of village residents. Any applicant who shall be refused such license by the Mayor may apply, in writing, to the Village Board for a prompt hearing, at which hearing the license may be granted or refused by the Board. At such hearing, the applicant may be represented by counsel and minutes may be taken and transcribed at the applicant's expense. Before such hearing, the applicant shall deposit a sum sufficient, not exceeding two hundred fifty dollars ($250.), to secure payment of the stenographic transcript of the hearing for the village and the applicant. If the applicant waives, in writing, the taking of the minutes, no deposit need be made.
It shall be unlawful to conduct any sale of personal property or real property at a public auction, with or without a license, except between the hours of 9:00 a.m. and 4:00 p.m., nor shall any personal property of whatever kind or description be brought into any premises within the village for the purpose of sale or exposure for sale at any public auction.
All sales of personal property and real property at a public auction shall be conducted indoors, that is, within the premises where the sale is advertised. Every article of personal property sold by public auction shall, if practicable, be removed by sunset on the day of such sale or not later than the following day. No personal property shall be displayed or sold at or near the front entrance of the premises where the sale is intended to be conducted, nor on the front lawn or front portion of said premises or upon any village property.
It shall be unlawful to employ any means of attracting the attention of purchasers, other than a sign or flag approved by the Mayor, or any other village officer so designated by the Mayor, at any premises where an auction sale is conducted or intended to be conducted or in any place within the confines of the village. No food or drink shall be sold or dispensed at any auction sale.
The Village Board may waive the payment of a license fee for the issuance of a license for the conduct of a sale by public auction which has as its objective the solicitation of funds, gifts or contributions for charitable, religious or educational purposes, provided that a license is duly applied for, notwithstanding that an exemption may be granted in the applicant's favor.
Nothing herein contained shall affect, limit or curtail the right of private sale of property, real or personal, which sale does not otherwise conflict with the provisions of this Article.
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the orders of any member of the Village of Laurel Hollow Police Department or the Fire Department in order to maintain the public health, safety and welfare.
As used in this Article, the following terms shall have the meanings indicated:
GARAGE SALE
Includes all home sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar type sale of tangible personal property, whether or not conducted in a garage, which sale is advertised or otherwise made known by any means whereby the public is or can be made aware of said sale, whether or not published in any advertising medium or newspaper.
GOODS
Includes any goods, wares, merchandise or other personal property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
A. 
It shall be unlawful for any person to conduct a garage or home sale of tangible personal property in the village without first having procured a license therefor. Such application shall be written and verified in letter or other form required by the village and shall be filed with the Village Clerk not less than twenty (20) days before the proposed garage sale. Such application shall set forth the following information:
(1) 
Name of the persons, firm, group, corporation, association or organization conducting said sale.
(2) 
Name of the owner of the property on which said sale is to be conducted, and the consent of the owner if the applicant is other than the owner.
(3) 
Location at which the sale is to be conducted.
(4) 
Number of days of the proposed sale.
(5) 
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting any past sale and the date or dates of such sale.
(6) 
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
(7) 
A general description of the property offered for sale.
(8) 
A statement to the effect that no outside merchandise will be offered for sale.
(9) 
Proof of satisfactory insurance coverage.
B. 
The fee for such license shall be twenty-five dollars ($25.).
C. 
Charitable, religious and civic associations may be granted a license, to be duly applied for, without payment of the license fee, if approved by the Village Board.
A. 
Only two (2) such licenses shall be issued for any one location in any calendar year.
B. 
No such license shall be issued for more than three (3) consecutive calendar days.
C. 
Each license issued under this Article must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
All garage sales shall be conducted between the hours of 9:00 a.m. and 4:00 p.m. The sale shall be conducted indoors. No merchandise shall be displayed or sold at or near the front entrance of the premises where the sale is intended to be conducted, nor on the front lawn or front portion of said premises or upon any village property.
No more than four (4) signs advertising such sale, each of which is no larger than twenty-four by twelve (24 x 12) inches in size, shall be permitted. All such signs must contain the name and address of the person conducting the sale. Said signs must be removed within twenty-four (24) hours after completion of the sale. Upon the granting of any license hereunder, the applicant shall be required to deposit the sum of fifty dollars ($50.) with the Village Clerk in order to insure the prompt removal of any signs.
The provisions of this Article shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order or process of a court.
B. 
Persons acting in accordance with their powers and duties as public officials.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.