STATE LAW REFERENCES
Township authority to license and regulate forced sales –
See N.J.S.A. 40:52-1.
[Ord. No. 1075, § 1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such a manner as to reasonably cause the
public to believe that upon the disposal of the stock of goods on
hand the business will cease and be discontinued, including but not
limited to the following sales: adjuster's; adjustment; alteration;
assignee's; bankrupt; benefit of administrators'; benefit of creditors';
benefit of trustees'; building coming down; closing; creditor's committee;
creditors'; end; executor's; final days; forced out; forced out of
business; insolvents'; last days; lease expires; liquidation; loss
of lease; mortgage sale; receiver's; trustee's; and quitting business.
Any goods, wares, merchandise or other property capable of
being the object of a sale regulated under this chapter.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location or will then continue business from other existing locations.
[Ord. No. 1075, § 2]
A license, issued by the Township Clerk, bearing a license number
and the date on which the license was issued, shall be obtained by
any person before selling or offering to sell any goods at any sale
advertised or held out by any means to be a going-out-of-business
sale, removal of business sale or fire and other altered goods sale.
[Ord. No. 1075, § 4]
Any person desiring to conduct a sale regulated by this chapter
shall make a written application to the Township Clerk, setting forth
and containing the following information:
(a)
The true name and address of the owner of the goods to be sold.
(b)
The true name and address of the person from whom the goods to be
sold were purchased and the price paid therefor, and if not purchased,
the manner of such acquisition.
(c)
A description of the place where such sale is to be held.
(d)
The nature of the occupancy, whether by lease or sublease and the
effective date of termination of such occupancy.
(e)
The dates of the period of time in which the sale is to be conducted.
(f)
A full and complete statement of the facts in regard to the sale,
including the reason for the urgent and expeditious disposal of goods
thereby and the manner in which the sale will be conducted.
(g)
The means to be employed in advertising such sale together with the
proposed content of any advertisement.
(h)
A complete and detailed inventory of the goods to be sold at such
sale, as disclosed by the applicant's records. Such inventory shall
be attached to and become a part of the application. All goods included
in such inventory shall have been purchased by the applicant for resale
on bona fide orders without cancellation privileges and shall not
comprise goods purchased on consignment. Such inventory shall not
include goods ordered in contemplation of or for the purpose of conducting
any sale regulated under this chapter. Any unusual purchase or additions
to the stock of goods of the applicant made within sixty days before
the filing of an application hereunder shall be deemed to be of such
character.
[Ord. No. 1075, § 3]
No person who has not been the owner of a business advertised
or described in the application for a license under this chapter for
a period of at least six months prior to the date of the proposed
sale shall be granted a license; provided that, upon the death of
a person doing business in the Township, his heirs, devisees, legatees
or representatives shall have the right to apply at any time for a
license under this chapter.
[Ord. No. 1075, § 3]
No person who has held a sale regulated by this chapter at the
location stated in the application within one year from the date of
such application shall be granted a license pursuant to this chapter.
[Ord. No. 1075, § 4; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
An applicant for a license under this chapter shall submit to the Township Clerk with the application for the license a license fee in an amount as set forth in Appendix III, Fees and Charges for Certain Township Services, of Chapter 2 of this Code. Any applicant for renewal of any license granted under this chapter shall submit to the Township Clerk with his application for renewal a renewal license fee in an amount as set forth in Appendix III Fees and Charges for Certain Township Services, of Chapter 2 of this Code.
[Ord. No. 1075, § 3]
Where a person applying for a license under this chapter operates
more than one place of business, the license shall apply only to the
one store or branch specified in the application. No other store or
branch shall advertise or represent that it is cooperating with it
or in any way participating in the licensed sale, nor shall the store
or branch conducting the licensed sale advertise or represent that
any other store or branch is cooperating with it or participating
in any way in the licensed sale.
[Ord. No. 1075, § 5]
A license issued pursuant to this chapter shall authorize the
sale described in the application for a period of not more than 30
consecutive days, Sundays and legal holidays excepted, following the
issuance thereof.
[Ord. No. 1075, § 5]
The Township Clerk shall renew a license issued pursuant to
this chapter for one period of time only, such period to be in addition
to the 30 days permitted in the original license, and not to exceed
thirty consecutive days, Sundays and holidays excepted, when the Township
Clerk finds that facts exist justifying the license renewal, that
the licensee has filed a written application for such renewal and
that the licensee has submitted with the application for renewal a
revised inventory showing the items listed on the original inventory
remaining unsold and not listing any goods not included in the original
application and inventory. For the purposes of this section, any application
for a license under the provisions of this chapter covering goods
previously inventoried as required by this chapter shall be deemed
to be an application for renewal, whether presented by the original
applicant or by any other person.
[Ord. No. 1075, § 5]
A license issued pursuant to this chapter shall authorize only
the type of sale described in the application at the location named
therein. The license shall authorize only the sale of goods described
in the inventory attached to the application.
[Ord. No. 1075, § 5]
Upon being issued a license under this chapter for a going-out-of-business
sale, the licensee shall surrender to the Township Clerk all other
business licenses he may hold at that time applicable to the location
and goods covered by the application for a license under this chapter.
[Ord. No. 1075, § 5]
No license issued pursuant to this chapter shall be assignable
or transferable.
[Ord. No. 1075, § 6]
Every person licensed under this chapter shall refrain from
employing any untrue, deceptive or misleading advertising, and in
any advertisement by handbills, circulars, placards, signs, notices,
newspapers or publication or other advertising, include therein the
number and date of the license issued pursuant to this chapter. Each
sale shall be conducted in strict conformity with any advertising
or holding out incident thereto.
[Ord. No. 1075, § 6]
A person licensed under this chapter shall make no additions
whatsoever, during the period of the licensed sale, to the stock of
goods set forth in the inventory attached to the application for license.
He shall keep any other goods separate and apart from the goods on
sale, and make such distinction clear to the public. He shall keep
available at the place of sale a duplicate of the inventory submitted
with the application and present the same to inspecting officials
upon request.
[Ord. No. 1075, § 3]
The provisions of this chapter shall not apply to or affect:
(a)
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
(b)
Persons acting in accordance with their powers and duties as public
officials.
(c)
Duly licensed auctioneers, selling at auction.
(d)
Any publisher of a newspaper, magazine or other publication who in
good faith publishes any advertisement, without actual knowledge of
its false, deceptive or misleading character, or without actual knowledge
that the provisions of this chapter have not been complied with.
