[Adopted 11-5-1979 as §§ 9-57
to 9-72 of the 1979 Revised General Ordinances]
This article is enacted for the purpose of raising
revenue and for the regulation and control of certain kinds of sales
of merchandise.
As used in this article, the following terms
shall have the meanings indicated:
A sale held out in such a manner as reasonably to cause the
public to believe that the business is not to be discontinued and
that the sale is held in conjunction with alterations being made to
the premises.
Includes a sale of goods held or to be held in such a manner
as to cause the public reasonably to believe that: the sale will offer
goods damaged or altered by fire, smoke, water or other means; or
upon the disposal of the stocks of goods on hand, the business will
cease and be discontinued; or that the person conducting the sale
will cease and discontinue the business at the place of sale upon
disposal of the stock of goods on hand and will then move and resume
business at a new location in the Township and will then continue
business from other existing locations in the Township. Included among
such close-out sales, but not by way of limitation, are sales known
and commonly referred to as adjustor's sales; adjustment sales; administrator's
sales; alterations sales; assignee's sales: bankrupt sales; bankrupt
stock sales; benefit of administrator's sales; benefit of creditor's
sales; benefit of trustee's sales; building coming down sales; closing
sales; creditor's committee sales; creditor's sales; end sales; executor's
sales; final days sales; fire and other altered goods sales; forced
out sales; forced out of business sales; going out of business sales;
insolvent's sales; insurance or insurance salvage sales; last day
sales; lease expires sales; liquidation sales; loss of lease sales;
mortgage sales; receiver's sales; removal of business sales; reorganization
sales; selling-out sales; trustee's sales; quitting business sales.
A sale held out in such a manner as reasonably to 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 reasonably to cause the
public to believe that upon the disposal of the stock of goods on
hand, the business will cease and be discontinued.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated under this article.
A sale held out in such a manner as reasonably to 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 locations either within or outside the Township.
No person shall advertise, represent, display,
sell or offer to sell or conduct any sale held out to be a close-out
sale by any means, directly or indirectly, without first obtaining
a close-out sale license from the Township Clerk as hereinafter provided.
The provisions of this article shall not apply
to the following:
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 publishes in good faith, any advertisement, without knowledge
of its false, deceptive or misleading character, or without knowledge
that the provisions of this article have not been complied with.
Any person who desires to conduct a sale regulated
by this article shall make a written application to the Township Clerk
setting forth and containing the following information:
A.
The name and address of the owner of the goods to
be sold.
B.
The name and address of the person from whom the owner
purchased the goods to be sold and the price therefor, or, 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 sub-lease
and the effective date of termination of such occupancy.
E.
The dates during 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 expedient disposal
of goods 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. The
inventory shall be attached to and become a part of the required application.
All goods included in such inventory shall have been purchased by
the applicant for a license 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 conducting a sale regulated hereunder. Any unusual purchase or
addition to the stock of goods of the business within 60 days before
the filing of an application shall be deemed to be goods ordered in
contemplation of a sale.
A.
The license shall authorize the sale described in
the application for a period of not more than 30 consecutive days
following the issuance thereof.
B.
The license may be renewed in the discretion of the
Council for an additional period of time not exceeding 30 days, upon
application being made for such renewal. Such application 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 hereunder 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 going-out-of-business-sale
license.
Any license issued pursuant hereto shall not
be assignable or transferable.
Any person who has not owned the business described
in the license application for a period of at least six months prior
to the date of the proposed sale shall not be granted a license. This
requirement shall not apply to the personal representatives, heirs,
devisees or legatees of any person who dies while in business in the
Township.
Any person who has held a sale regulated under
this article at the location stated in the application, within one
year last past from the date of such application, shall not be granted
a license.
Where a person applying for a license hereunder
operates more than one place of business, the license issued 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, or is in any way participating in, the licensed sale. The store
or branch conducting the licensed sale shall not advertise or represent
that any other store or branch is cooperating with it or participating
in any way in the licensed sale.
The licensee 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 licensed sale in strict conformity with
any advertising or representation incident thereto.
D.
Keep available at the place of sale a duplicate copy
of the inventory submitted with the application and shall present
such 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. The licensee
shall make such 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 such 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 said premises.
G.
Keep suitable books and records in the place of sale
which shall be made available for inspection by the Manager or his
authorized representative.
No person shall:
A.
Sell, offer or expose for sale at any such sale, or
list on such inventory, any goods, wares or merchandise which are
not the regular stock of the store or other place, the business of
which is to be closed out by such sale;
B.
Make any replenishments or additions to such stock
for the purposes of such sale, or during the time thereof; or
C.
Fail, neglect or refuse to keep accurate records of
the articles or things sold, from which records the Manager may ascertain
the kind and quantity or number sold.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500, or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
