Township of Teaneck, NJ
Bergen County
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Table of Contents
Table of Contents
STATE LAW REFERENCES
Township authority to license and regulate forced sales – See N.J.S.A. 40:52-1.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
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 administrator's; benefit of creditors'; benefit of trustees'; building coming down; closing; creditor's committee; creditors'; 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
Any goods, wares, merchandise or other property capable of being the object of a sale regulated under this chapter.
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.
[Ord. No. 1075, § 1.]
[Ord. No. 1075, § 2.]
A license, issued by the Township 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 any sale advertised or held out by any means to be a going-out-of-business sale, removal of business sale or fire and other altered goods sale.
[Ord. No. 1075, § 4.]
Any person desiring to conduct a sale regulated by this chapter shall make a written application to the Township Clerk, setting forth and containing 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 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. Such inventory shall be attached to and become a part of the application. 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 under this chapter. Any unusual purchase or additions to the stock of goods of the applicant made within sixty days before the filing of an application hereunder shall be deemed to be of such character.
[Ord. No. 1075, § 3.]
No person who has not been the owner of a business advertised or described in the application for a license under this chapter for a period of at least six months prior to the date of the proposed sale shall be granted a license; provided, that upon the death of a person doing business in the Township, his heirs, devisees, legatees or representatives shall have the right to apply at any time for a license under this chapter.
[Ord. No. 1075, § 3.]
No person who has held a sale regulated by this chapter at the location stated in the application within one year from the date of such application shall be granted a license pursuant to this chapter.
[Ord. No. 1075, § 4.]
An applicant for a license under this chapter shall submit to the Township Clerk with the application for the license a license fee of twenty-five dollars. Any applicant for renewal of any license granted under this chapter shall submit to the Township Clerk with his application for renewal a renewal license fee of ten dollars.
[Ord. No. 1075, § 3.]
Where a person applying for a license under this chapter operates more than one place of business, the license 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 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.
[Ord. No. 1075, § 5.]
A license issued pursuant to this chapter shall authorize the sale described in the application for a period of not more than thirty consecutive days, Sundays and legal holidays excepted, following the issuance thereof.
[Ord. No. 1075, § 5.]
The Township Clerk shall renew a license issued pursuant to this chapter for one period of time only, such period to be in addition to the thirty days permitted in the original license, and not to exceed thirty consecutive days, Sundays and holidays excepted, when the Township Clerk finds that facts exist justifying the license renewal, that the licensee has filed a written application for such 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 section, any application for a license under the provisions of this chapter covering goods previously inventoried as required by this chapter shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.
[Ord. No. 1075, § 5.]
A license issued pursuant to this chapter shall authorize only the type of sale described in the application at the location named therein. The license shall authorize only the sale of goods described in the inventory attached to the application.
[Ord. No. 1075, § 5.]
Upon being issued a license under this chapter 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 license under this chapter.
[Ord. No. 1075, § 5.]
No license issued pursuant to this chapter shall be assignable or transferable.
[Ord. No. 1075, § 6.]
Every person licensed under this chapter shall 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 pursuant to this chapter. Each sale shall be conducted in strict conformity with any advertising or holding out incident thereto.
[Ord. No. 1075, § 6.]
A person licensed under this chapter shall 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. He shall keep any other goods separate and apart from the goods on sale, and make such distinction clear to the public. He shall 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.
The provisions of this chapter shall not apply to or affect:
(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 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.
[Ord. No. 1075, § 3.]