City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hackensack 5-4-1959 as Ord. No. 701. Sections 138-2, 138-4, 138-6, 138-7A and D and 138-8C amended and §§ 138-4I and 138-8B and H added at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 54.
Licenses and permits — See Ch. 107.
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.
GOING-OUT-OF-BUSINESS SALE
A sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales: adjuster's; adjustment; alteration; assignee's; bankrupt; benefit of administrators'; benefit of creditors'; benefit of trustees'; building coming down; closing; creditor's committee; creditor's, end; executor's; final days; forced out; forced out of business; insolvents; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver's; trustee's; quitting business.
GOODS
Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
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 or will then continue business from other existing locations.
[Amended 4-15-1974 by Ord. No. 1-74]
A license issued by the City Clerk, bearing a license number and the date on which the license was issued, shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds as herein defined:
A. 
Going-out-of-business sale.
B. 
Removal-of-business sale.
C. 
Fire and other altered goods sale.
A. 
Established business requisite. 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 months prior to the date of the proposed sale shall not be granted a license, provided that upon the death of a person doing business in the city, his or her heirs, devisees, legatees or representatives shall have the right to apply at any time for a license hereunder.
B. 
Interval between sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year past from the date of such application, shall not be granted a license.
C. 
Restricted location. Where a person applying for a license hereunder operates more than one place of business, the license 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.
D. 
Persons exempted. The provisions of this chapter shall not apply to or affect 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 auction;[1] any publisher of a newspaper, magazine or other publication who in good faith publishes any advertisement without actual knowledge of its false, deceptive or misleading character or without actual knowledge that the provisions of this chapter have not been complied with.
[1]
Editor's Note: See Ch. 54, Auctions and Auctioneers.
A person desiring to conduct a sale regulated by this chapter shall make a written application to the City Clerk, setting forth and containing the information required by § 107-6B of Chapter 107, Licenses and Permits, as well as the following information:
A. 
The true name and address of the owner of the goods to be sold.
B. 
The true name and address of the person from whom the goods to be sold were purchased and the price paid therefor, and 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 sublease, and the effective date of termination of such 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 such sale, together with substantially proposed content of any advertisement.
H. 
A complete and detailed inventory of the goods on the premises to be sold at such sale as disclosed by the applicant's records, such inventory to be accurate both as to quantity and wholesale valuation. Said inventory shall be attached to and become a part of the application required under this chapter. All goods included in such inventory shall have been purchased by the applicant 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 or for the purpose of conducting any sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the applicant made within 60 days before the filing of an application hereunder shall be deemed to be of such character.
I. 
A statement shall be attached to the inventory required by Subsection H above, prepared and signed by a certified public accountant licensed to do business in the State of New Jersey, certifying to the accuracy of the inventory, both as to completeness and detail, particularly as regards the quantity of each item listed and the total wholesale valuation of the inventory.
[Added 4-15-1974 by Ord. No. 1-74]
No license provided for in this chapter shall be issued unless and until all taxes and assessments, fees and charges due the City of Hackensack have been paid.
[Amended 4-15-1974 by Ord. No. 1-74]
Any applicant for a license hereunder shall submit to the City Clerk, with the application, the license fee set forth in Chapter 107, Licenses and Permits. Renewal fees shall also be paid as provided in said chapter.
A. 
License period and renewal procedure. The license shall authorize the sale described in the application for a period of not more than 30 business days following the issuance thereof. The City Clerk shall renew a license for one period of time only, such period to be in addition to the 30 business days permitted by the original license, renewal of the license to be for a period not to exceed 30 business days, when the City Clerk finds that facts exist justifying the license renewal, that the licensee has filed a written application for said renewal and that the licensee has submitted with the application for renewal 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. For the purposes of this subsection, any application for a license under the provisions of this chapter covering goods previously inventoried as required hereunder shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.
[Amended 4-15-1974 by Ord. No. 74-1; 2-2-1981 by Ord. No. 4-81]
B. 
Nature of sale. The license shall authorize only one type of sale described in the application at the location named therein.
C. 
Salable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
D. 
Surrender of general license. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the City 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.
[Amended 4-15-1974 by Ord. No. 1-74]
E. 
Nontransferability. Any license herein provided for shall not be assignable or transferable.
A licensee hereunder shall:
A. 
Adhere to inventory. 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 the license.
B. 
Certify to each week's sales. Submit a statement, prepared and signed by a certified public accountant licensed to do business in the State of New Jersey, to the City Clerk, containing a complete and detailed listing of each week's sales, indicating the exact quantity sold of each inventoried item and the total wholesale valuation thereof. Such statement shall be submitted to the City Clerk by the end of the next business day following the week for which the report is being made, and all business shall be discontinued when the cumulative total of either the quantity or wholesale valuation given in the certified inventory filed with the application is reached; provided, however, that this provision shall not be interpreted so as to permit the continuance of business beyond the date specified for such sale in the license.
[Added 4-15-1974 by Ord. No. 1-74]
C. 
Advertise properly. Refrain from employing any untrue. deceptive or misleading advertising, and in any advertisement by handbills, circulars, placards, signs, notices, newspapers or publication or other advertising, include therein the number and date of the license issued by the City Clerk.
[Amended 4-15-1974 by Ord. No. 1-74]
D. 
Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
E. 
Keep duplicate inventory. Keep available at the place of sale a duplicate of the inventory submitted with the application and present the same to inspecting officials upon request.
F. 
Segregate noninventoried goods. Keep any noninventoried goods separate and apart from the sale goods and make such distinction clear to the public.
G. 
G.
[Added 9-16-1968 by Ord. No. 935] Cease business at conclusion of sale.
(1) 
The licensee of a going-out-of-business sale or a removal-of-business sale where said removal is to a location outside of the city limits of the City of Hackensack shall not continue the business beyond the date specified for such sale and shall not, upon conclusion of such sale, continue the business under the same or different name in the same location or elsewhere in the City of Hackensack.
(2) 
The licensee of a removal-of-business sale where said removal is to a location within the city limits of the City of Hackensack shall not continue the business beyond the date specified for such sale and shall not, upon conclusion of such sale, continue the business under the same or different name in the same location in the City of Hackensack.
H. 
Remove signs. Upon vacation of the building after conclusion of the sale and cessation of business, remove all existing exterior signs and sign, supports at once.
[Added 4- 15-74 by Ord. No. 1-74]
[Added 2-2-1981 by Ord. No. 4-81]
A. 
If any person violates any of the provisions of this chapter or any rule, regulation or license promulgated or issued pursuant to the provisions of this chapter, the City of Hackensack may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations.
B. 
Any person who violates the provisions of this chapter or any rule, regulation or terms of any license promulgated or issued pursuant to this chapter shall be liable to a penalty of not less than $100 nor more than $500 for each offense. If the violation is of a.continuing nature, each day during which it continues shall institute an additional, separate and distinct offense.