Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1308 as Ch. 5.16 of the 1998 Code]
As used in this article, the following terms shall have the meanings indicated:
CLOSING-OUT SALE
All sales advertised, represented or held forth under the designation of "going out of business," "selling out," "liquidation," "lost our lease," "must vacate," "forced out," "fire sale," "damaged stock" or any other similar designation indicating the forced sale of merchandise.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
It shall be unlawful for any person to conduct a closing-out sale in the Township of Montville without first filing with the Township Clerk the information hereinafter specified and obtaining from the Clerk a closing-out sale license. The fees for such license shall be, and the same are hereby fixed as set forth in Chapter 169, Fee Schedule, provided that only one such license shall be issued to any one person within a thirty-six-month period and no such license shall be issued for more than 30 consecutive calendar days, and provided further that the thirty-day period may be extended, without any additional fee, to a maximum of 60 additional days upon approval by resolution of the Township Committee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The information to be filed with the Township Clerk pursuant to § 295-8 shall be a complete and accurate list or a written statement of the current retail value of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, which list or statement shall be signed by the person seeking the license or by a resident agent thereunder authorized, and by affidavit at the foot thereof the person so signing shall swear or affirm that the information therein given is full and true and known by him to be so.
B. 
It shall be unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory or on the statement of the current retail value, 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, or to make any replenishments or additions to such stock for the purposes of such sale or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold or of the cash receipts therefor, from which records the Township Clerk may ascertain the kind and quantity or number sold.
The Township Clerk may, at her discretion, either personally or by such person as she may designate, verify the details of the information filed for the purpose of obtaining a closing-out sale license, and she may make a check and verify the items of merchandise sold during the sale. It shall be unlawful for any person to whom a closing-out sale license has been issued to fail or refuse to give the Township Clerk or any person designated by her for that purpose all the facts connected with the stock on hand or the proper information of goods sold or any other information that she may require in order to make a thorough investigation of all phases connected with the sale.
The provisions of §§ 295-1 through 295-10 shall not be applicable to trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process.
Each license issued under this article must be prominently displayed in the establishment for the purpose of advising the public that said sale has been licensed, and the license number shall be prominently shown on the show window or front of the establishment throughout the entire period of the licensed sale.
[Amended 3-23-2010 by Ord. No. 2010-11]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction before the Judge of the Municipal Court of the Township of Montville, be punished as provided in Chapter 1, Article III, General Penalty. Each day of sale in violation of any or all of the provisions of this article shall be a separate offense.