[Adopted 11-3-1975 (Ch. 215, Art. I, of the 1987 Code)]
A.
Where not inconsistent with the contents, words used
in the present tense include the future; words in the plural number
include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.
CLERK
FIRE AND OTHER ALTERED GOODS SALE
GOODS
PERSON
PUBLISH, PUBLISHING, ADVERTISEMENT and ADVERTISING
REMOVAL OF BUSINESS SALE
SALE
TOWNSHIP
TOWNSHIP COUNCIL
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The Township Clerk of the Township of Bloomfield in the County
of Essex.
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 person, firm, partnership, association, corporation,
company or organization of any kind.
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by 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.
[Amended 12-1-1975]
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 closeout 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.
The Township of Bloomfield in the County of Essex.
The Township Council of the Township of Bloomfield in the
County of Essex.
It shall be unlawful for any person to publish,
announce or conduct any sale of the type or kind herein defined without
first obtaining a license therefor in compliance with the provisions
of this article.
[Amended 12-1-1975]
A person desiring 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 true names and addresses of the owners of the
goods to be the object of the sale.
B.
A description of the place where such sale is to be
held.
C.
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
D.
The dates of the period of time in which the sale
is to be conducted.
E.
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.
F.
A complete and detailed inventory of the goods to
be sold at said sale as disclosed by the applicant's records. Said
inventory shall be attached to and become part of the application.
[Amended 10-1-1991; 12-1-2003 by Ord. No. 03-47; 11-21-2011 by Ord. No.
11-47]
Effective January 1, 2012, any applicant for
a license hereunder shall submit to the Township Clerk with their
application a license fee of $200. Any applicant for a renewal license
hereunder shall submit to the Township Clerk with their renewal application
a renewal fee of $200.
The license shall authorize the sale described
in the application for a period of not more than 30 consecutive days
following the issuance thereof. Such license may be renewed in the
discretion of the Township Council for an additional period of time
not exceeding 30 days upon application being made for such renewal,
which application must be accompanied by 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 they may hold at that time applicable
to the location and goods covered by the application for a license
under this article.
Any license provided for herein shall not be
assignable or transferable.
A licensee hereunder shall:
A.
Make no additions whatsoever during the period of
the license 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
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 and 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 at the place of sale
and make them available for inspection by the Township Council 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 § 443-3 any stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted, to replenish or add to such stock for the purpose of disposal at such sale or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.
[Amended 12-1-1975]
A license or renewal thereof issued pursuant
to this article may be revoked by the Township Council, after notice
and hearing, for any of the following reasons:
A.
Any fraud, misrepresentation or false statement contained
in the application.
B.
Any fraud, misrepresentation or false statement made
as to the inventory, stock sold or stock on hand.
C.
Any violation of this article.
D.
Conducting the business licensed under this article
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice of hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be mailed, postage prepaid, to the licensee at their last-known
address at least five days prior to the date set for the hearing.
A license may be suspended for not more than
five days by the Township Council upon probable cause being shown
that the license should be revoked.
The Township Council shall hold such hearings
and make such investigation as may be necessary to carry out the provisions
and intent of this article.
The provisions of this article are intended
to augment and be in addition to the provisions of other applicable
licensing ordinances of the Township. Where this article imposes a
greater restriction upon persons, premises, businesses or other practices
than is imposed by any other licensing ordinance of the Township of
Bloomfield, then this article shall control.[1]
[1]
Editor's Note: Former Section 17, which immediately
followed this section, was repealed 12-1-1975.
Upon the death of a person doing business in
this Township, their heirs, devisees or legatees or executors or administrator
shall have the right to apply at any time for a license hereunder.
Any person who has held a sale, as regulated
hereunder, 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,
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 licensed sale advertise
or represent that any other store or branch is cooperating with it
or participating in any way in the licensed sale.
The provisions of this article shall not apply
to nor 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 auction.
D.
Persons conducting a sale of the type regulated herein
on the effective date of this article, unless such sale is continued
for a period of more than 30 days from and after such effective date,
in which event, such person, at the lapse of said thirty-day period,
shall comply with the provisions of this article.
E.
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.
No license authorized under this article shall
be issued unless personal property taxes are paid to the date of the
application for said license.
[Amended 11-2-1987; 5-5-2008 by Ord. No. 08-18]
Any person who violates any of the provisions of this article shall, upon conviction thereof, be punished as provided in § 1-15, General penalty, of the Code, at the discretion of the Municipal Judge. Each day that a violation shall continue shall constitute a separate offense.
