[HISTORY: Adopted by the Township Committee of the Township of Maplewood 12-3-1974 by Ord. No. 1438 as Section 4-6 of the 1974 Revised General Ordinances. Section 215-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. III. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FIRE AND OTHER ALTERED-GOODS SALE
- 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.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- PUBLISH, PUBLISHING, ADVERTISEMENT AND ADVERTISING
- Any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, letter, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display or poster, whether in or away from the business location, radio announcement and any and all other means, oral or written.
- REMOVAL OF BUSINESS SALE
- 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 in the township or will then continue business from other existing locations in the township.
- Includes but shall not be limited to the sale or an offer to sell to the public goods, wares and merchandise of any and all kinds and description on hand and in stock in connection with a declared purpose, as set forth by 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 also include any sale advertised to be an "adjustment sale," "creditor's sale," "executor's sale," "administrator's sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out sale," "creditor's committee sale," "forced-out-of-business sale," "removal 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.
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind defined in § 215-1 without first obtaining a license therefor in compliance with the provisions of this chapter.
The provisions of this chapter shall not apply to or affect the following persons:
Persons acting pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Duly licensed auctioneers selling at an auction.
Any publisher of a newspaper, magazine or other publication who publishes in good faith any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
In addition to the information required in Chapter 161, Licensing, § 161-2, an application for a license shall contain the following information:
The true names and addresses of the owners of the goods to be the object of the sale.
The true name and address of the person from whom the owner purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition.
A description of the place where the sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of the occupancy.
The dates of the period of time in which the sale is to be conducted.
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.
The means to be employed in advertising the sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at the sale as disclosed by the applicant's records. The inventory shall be attached to and become part of the application.
Any applicant for a license shall submit to the Clerk with his application a license fee as provided in Chapter 123, Fees. Any applicant for a renewal license hereunder shall submit to the Clerk with his renewal application a renewal fee as provided in Chapter 123, Fees.
The license shall authorize the sale described in the application for a period of not more than thirty (30) consecutive days following issuance. The license may be renewed at the discretion of the Township Clerk for an additional period of time not exceeding thirty (30) days. The application being made for the renewal must be accompanied with 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.
Upon being issued a license for a going-out-of-business sale, the licensee shall surrender to the 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.
The following applicants shall not be granted a license:
Any person who has held a sale, as regulated hereunder, at the location stated in the application within one (1) year from the date of the application.
Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale.
In addition to the general regulations, the licensee hereunder 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.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the license sale in strict conformity with any advertising or holding out incident thereto.
Keep available at the place of sale a duplicate copy of the inventory submitted with the application, and shall present the duplicate to inspecting officials upon request.
Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale, and shall make the distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all the goods.
Display the license in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of the premises.
Keep suitable books and records at the place of sale and shall be made available for inspection by the Township Committee or its authorized representative.
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on the inventory required by § 215-4 any stock which is not the stock of the store or other place the business of which is to be closed out by the sale for which a license has been granted, to replenish or add to such stock for the purpose of disposal at the sale or to fail, neglect or refuse to keep accurate and true records of the initial stock, the stock sold and the stock on hand.
Where a person applying for a license hereunder operates more than one (1) place of business, the license issued shall apply only to the one (1) store or branch specified in the application, and 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 license sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
Upon the death of a person doing business in this township, his heirs, devisees or legatees or executors or administrators shall have the right to apply any time for a license hereunder.