Village of Monticello, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 1-5-1976 by L.L. No. 1-1976 as Ch. 143 of the 1976 Code. Amendments noted where applicable.]
GENERAL REFERENCES

Auctions — See Ch. 93.

Collateral loan brokers — See Ch. 128.

Outdoor sale of food — See Ch. 151.

Peddling and soliciting — See Ch. 196.

§ 204-1
Definitions. 

§ 204-2
License required. 

§ 204-3
Supervision; application for and issuance of license; suspension or revocation. 

§ 204-4
License fee. 

§ 204-5
Inspection and records of sale. 

§ 204-6
Nonapplicability. 

§ 204-7
Penalties for offenses. 

§ 204-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person to whom a license has been issued pursuant to this chapter.
PUBLISH, PUBLISHING, ADVERTISEMENT OR ADVERTISING
Any and all means of conveying to the public notice of a 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 other means, including oral, written and printed.
A. 

The sale or an offer to sell to the public of goods, wares and merchandise of any and all kinds and descriptions, on hand and in stock, in connection with a 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.

B. 

A sale advertised to be a "retirement sale," "removal sale" or "loss of lease 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, the business will cease and be discontinued.

§ 204-2 License required.

No person shall hereafter publish or conduct any sale of the type herein defined without a license therefor.

§ 204-3 Supervision; application for and issuance of license; suspension or revocation.

A. 

The Chief of Police is hereby authorized and empowered to supervise and regulate sales or special sales as defined in § 204-1, and the application for a license therefor shall be made to the Village Clerk upon forms to be supplied said applicant for that purpose and shall contain a statement subscribed to under oath or affirmation by the person, member of the firm or officer of the corporation applying for such license, which statement 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, the place where such stock was purchased or acquired, and, if not purchased, the manner of such acquisition.

(5) 

Any additional information the Village Clerk may require.

B. 

Upon receipt of such application and payment of the fee hereafter prescribed, the Chief of Police shall cause the application to be examined and investigated. If, after investigation, the Village Clerk is satisfied as to the truth of the statement contained in such application as to the form and content of the advertisement to be used in connection with such sale, he may then issue a license permitting the publication and conduct of such sale. Such license shall be good 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 the payment of the prescribed renewal fee.

C. 

After a hearing on not less than three days' notice, the Board of Trustees may suspend or revoke a license.

§ 204-4 License fee.

Upon the filing of an original application or a renewal application for a license to advertise and conduct a sale or special sale as hereinabove defined, the applicant shall pay to the Village Clerk such fee as shall be established from time to time by resolution of the Board of Trustees.

Editor's Note: For the current fee schedule, see Ch. A290, Fees.

§ 204-5 Inspection and records of sale.

Upon commencement of any sale as hereinbefore defined, the license issued shall be prominently displayed near the entrance to the premises. A duplicate original of the application and the stock list pursuant to which such license was issued shall at all times be available to the Chief of Police or his representative, and the licensee shall permit an inspection of all merchandise in the premises. Suitable books and records shall be kept by the licensee and shall at all times be available for inspection. In the course of business each day, the stock list attached to the application shall be revised, and the stock disposed of during such day shall be removed therefrom and no goods added to said list.

§ 204-6 Nonapplicability.

The provisions of this chapter shall not apply to or affect the following persons:

A. 

Persons acting pursuant to an order or process of a court of competent jurisdiction.

B. 

Persons acting in accordance with powers and duties as public officers, such as sheriffs and constables.

C. 

Persons conducting bankruptcy sales.

§ 204-7 Penalties for offenses.

[Amended 6-21-1999 by L.L. No. 5-1999]

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.