[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:
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.
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.
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:
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 an auction.
D.
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:
A.
The true names and addresses of the owners of the goods
to be the object of the sale.
B.
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.
C.
A description of the place where the sale is to be held.
D.
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of the 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 the sale, together
with the proposed content of any advertisement.
H.
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.
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:
A.
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.
B.
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:
A.
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.
B.
Refrain from employing any untrue, deceptive or misleading
advertising.
C.
Conduct the license sale in strict conformity with any
advertising or holding out incident thereto.
D.
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.
E.
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.
F.
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.
G.
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.
