[HISTORY: Adopted by the City Council of the City of Troy as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-1-1973 as Art. II of Ch. 18 of the
1973 Code]
As used in this article, the following terms shall have the meanings
indicated:
The sale or offer to sell, by any person, firm or corporation, or
by agents or employees thereof, to the public, any goods, wares or merchandise,
of any kind and all kinds and descriptions and of any nature whatsoever, in
connection with the declared purpose, as set forth by any form of 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 include any and all
sales advertised in such a manner as to reasonably convey to the public the
impression that upon disposal of the stock of goods on hand, the business
will permanently cease and be discontinued.
[1]The City Clerk or his/her delegated agent is hereby authorized and directed
to supervise and regulate the sales as defined in this article. The City Clerk
may make such rules and regulations for the advertisement and conduct of such
sales as in his/her opinion will serve to prevent deception and to protect
the public.
A.
A duplicate original of the application and stock list,
pursuant to which a license was granted under this article, shall be available
at all times to the City Clerk or to his/her inspectors, and the licensee
shall permit such inspectors to examine all merchandise on the premises for
comparison with such stock list.
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. Suitable books and records, as prescribed
by the City Clerk, shall be kept by the licensee and shall be available for
inspection at all times to the inspectors of the City Clerk.
It shall be unlawful for any licensee under this article to bring upon, or cause to be brought upon, the premises described in § 237-8, any goods, wares or merchandise not shown or otherwise accounted for in the application for such license with intent to advertise, sell or offer for sale such goods, wares or merchandise to the public.
All advertising shall be descriptive of the nature of the sale, as stated
in the application thereof. The language in such advertising shall be identical
with the advertising content as indicated in the application. It shall be
unlawful for any person to indicate in such advertising, either directly or
indirectly, that such sale is held with the approval of the City or any of
its officers or employees. Such advertising shall contain a statement in the
following words and no others:
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"This sale held pursuant to City License No. __________, granted the
__________ day of __________." (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 article:
It shall be unlawful for any person, or any agent or employee thereof,
to advertise or conduct any sale of the type defined in this article without
first securing a license therefor, which license shall be known and designated
as "Going-Out-of-Business License," from the City Clerk.
Application for a license required by this article shall be in writing
and shall be verified under oath. Such application shall contain:
A.
A description of the place where such sale is to be held.
B.
The nature of the occupancy, whether by lease, sublease
or otherwise, and the effective date of the termination of such occupancy
by the applicant for such license.
C.
The means to be employed in advertising such sale, together
with a proposed content of any advertisement.
D.
An itemized list of goods, wares or merchandise to be
offered for sale, including all merchandise then contracted for or en route
to such application but not yet in his/her possession.
E.
The place where such stock was purchased or acquired
and, if not purchased, the manner of such acquisition.
F.
Any additional information relating to the sale as the
City Clerk may deem necessary.
G.
A statement that the representations made in such application
are bona fide and that the license applied for is accepted and acknowledged
by the applicant as being issued by the City in reliance upon such representations.
Upon filing an application for an original or renewal license under
this article to advertise and conduct a sale, the applicant shall pay to the
City Clerk a fee of $25. If any application be disapproved, such payment shall
be retained by the City to defray the cost of investigating the statements
contained in such application.
Upon the filing of the application for a license under this article,
the City Clerk, after investigation thereof, may issue such license, in his/her
discretion, for a period not exceeding 30 days.
Upon satisfactory proof by the licensee that the stock itemized in the
original application for a license under this article has not been disposed
of, and upon payment of an additional fee as provided in this article, the
City Clerk may renew such license for an additional fifteen-day period. Such
proof shall be furnished on a form supplied by the City Clerk. It shall contain
an itemized list of stock on hand and shall be verified under oath. The City
Clerk shall cause the same to be examined and investigated and, if satisfied
as to the truth of the statements therein contained, he/she may issue a renewal
license for a period not exceeding 15 days; provided, however, that a maximum
of two such renewals may be granted for any such sale for the same location.
Upon commencement of any sale, the license therefor shall be conspicuously
displayed near the entrance to the premises.
