[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook as Ch. 14, Art. IV, of the 1967 Code of Ordinances. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A license issued pursuant to this chapter.
Any person to whom a license has been issued pursuant to
this chapter.
Includes any and all means of conveying to the public notice
of sale or notice of intention to conduct a sale, either by word of
mouth, by newspaper advertising, by magazine advertising, by handbills,
by written notice, by printed notice or by any or all means, oral,
written or printed.
The sale or an offer to sell to the public any goods, wares
and merchandise, of any and all kinds and descriptions, on hand and
in stock, in connection with the declared purpose as set forth by
advertisement 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 such
sale. "Sale" shall also mean any sale advertised to be a "retirement
sale," "forced-out-of-business sale," "removal sale," "loss-of-lease
sale," "business-discontinuance sale," "building removal sale," "liquidation
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, said business will cease to operate and will be discontinued.
The term "sale" shall also include the sale or offer to sell to the
public goods, wares and merchandise of any and all kinds and description
which are described or referred to by advertisement on the part of
the seller as smoke-, fire-, water- or similarly damaged goods, wares
or merchandise of any nature or description and which "sale" shall,
by representation or advertisement, be intended to lead the public
to believe that the person conducting such sale is selling such goods,
wares or merchandise at a price less than the current or retail price
thereof. All the provisions, requirements and conditions of this chapter
relating to sales occasioned by the intention of discontinuing business
shall be equally applicable to any such "sales" advertised or conducted
as a sale of smoke-, fire-, water- or similarly damaged goods which
may be conducted apart from any intention to discontinue business.
No person shall publish or conduct any sale of the type set forth and defined in § 192-1 without first securing a license as provided herein.
The license provided for in this chapter shall not be required
for nor shall it affect the following persons:
A.
Any person acting pursuant to an order or process of any court of
competent jurisdiction.
B.
Any person acting in accordance with his powers and duties as a public
officer, such as a sheriff, marshal or constable.
C.
Any person conducting bankruptcy sales pursuant to an order of any
court of competent jurisdiction.
Application for a license hereunder shall be made to the Village
Clerk upon forms to be supplied to the applicant for that purpose
and shall contain a statement signed and sworn to by the applicant
in person, if an individual, by a member, if a partnership, or by
an officer of the corporation, if a corporation, applying for such
license, which statement shall contain the following:
A.
Location of sale. A description of the place where such sale is to
be held, setting forth the street number and street, if any.
B.
Nature of occupancy. The nature of the occupancy, whether by lease
or sublease, and the termination date of such lease or sublease.
C.
Advertising. The manner or means to be employed in publicizing or
advertising such sale, together with the proposed language to be contained
in any advertisement.
D.
Inventory. An itemized list of the goods, wares and merchandise to
be offered for sale, the place where such goods, wares and merchandise
were purchased or acquired and, if not purchased, the manner in which
they were acquired.
E.
Additional information. Such additional information as may be required
or determined by the Board of Trustees from time to time.
Upon receipt of the application prescribed in § 192-4 and the fees prescribed in § 192-7, the Chief of Police shall cause same to be examined and investigated. If such investigation bears out the statements contained in the application, then the Village Clerk may issue a license permitting the publication, advertisement and conduct of such sale.
[Amended 3-7-1977 by L.L. No. 2-1977]
A license to conduct a sale, as defined in this chapter, shall
be for a period not exceeding 30 days, except that, upon satisfactory
proof by the licensee that the stock itemized in the original application
has not been disposed of, the Village Clerk may renew such license
for an additional thirty-day period, upon payment of the prescribed
renewal fee, which shall be in the same amount as the prescribed initial
fee.
[Amended 3-7-1977 by L.L. No. 2-1977]
Upon the filing of the application for a license or the renewal
of a license to advertise and conduct a sale or special sale as herein
defined, the applicant shall pay to the Village Clerk the sum of $100.
The Village Clerk shall have power to suspend or revoke at any
time any license granted in accordance with this chapter.
Upon the commencement of any sale as defined in this chapter,
the license shall be prominently displayed near the entrance to the
premises where said sale is to be conducted.
The Chief of Police is hereby authorized and empowered to supervise and regulate sales or special sales as defined in § 192-1.
A duplicate original of the application for license and the
stock list pursuant to which a license is issued hereunder shall be
at all times available to the Chief of Police or his representative
or to any other person designated by the Board of Trustees and the
licensee shall permit an inspection of all the merchandise in the
premises.
Suitable books and records shall be kept by the licensee and
shall at all times be available for inspection by the Chief of Police
or his authorized representative or by any other person designated
by the Board of Trustees.
In the course of business each day the stock list attached to
the application for license hereunder shall be revised, and those
items of goods, wares or merchandise that have been sold or disposed
of during such day shall be so indicated thereon, and no other goods,
wares or merchandise shall be added to said list.
Failure to permit inspections or to keep books and records as
provided for herein shall constitute grounds for summary revocation
of the license issued as provided in this chapter.
