[HISTORY: Adopted by the Board of Commissioners (now City
Council) of the City of Atlantic City 11-15-1962 by Ord. No. 26-1962. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and fees — See Ch. 170.
A.
CITY
CITY LICENSE OFFICER
FIRE, FLOOD AND OTHER ALTERED GOODS SALE
GOING-OUT-OF-BUSINESS SALE
GOODS
PERSON
REMOVAL-OF-BUSINESS SALE
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The City of Atlantic City.
The Director of Revenue and Finance of the City of Atlantic
City.
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 or goods which were on the premises
at the time of the fire or other casualty and not damaged by said
casualty.
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: adjusters, adjustment, alteration,
assignee's, bankrupt, benefit of administrator's, benefit
of creditors', benefit of trustees, building coming down, closing,
creditors' committee, creditors', end, executor's,
final days, forced out, forced out of business, insolvents',
last days, lease expires, liquidation, loss of lease, mortgage sale,
receivers', trustees', quitting business.
[Amended 12-17-1982 by Ord. No. 34-1982]
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.
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 City or will then continue business from other existing
locations in the City.
B.
When not inconsistent with the context, 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.
A license issued by the City License Officer 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:
A.
Provisions in addition to general licensing requirements of City.
The provisions of this chapter are intended to augment and be in addition
to the provisions of the General Licensing Ordinance of this City.[1] Where this chapter imposes a greater restriction upon
persons, premises, businesses or practices than is imposed by the
General Licensing Ordinance of this City, this chapter shall control.
B.
Prerequisites for issuance of a license; exception.
(1)
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 12 months prior to the date of the proposed sale shall
not be granted a license.
(2)
Upon the death of a person doing business in this City, his or her
heirs, devisees or legatees shall have the right to apply at any time
for a license hereunder.
C.
Interval between sales. 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.
D.
Location of sale restricted. 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.
E.
Exemptions. The provisions of this chapter shall not apply to or
affect the following persons:
(1)
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public
officials.
(3)
Duly licensed auctioneers selling at auction.
(4)
Persons conducting a sale of the type regulated herein on the effective
date of this chapter, unless such sale is continued for a period of
more than 30 days from and after such effective date, in which event
such persons, at the lapse of said thirty-day period shall comply
with the provisions of this chapter.
[Amended 10-9-1969 by Ord. No. 31-1969]
(5)
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 chapter have not been complied with.
A.
Written information required. A person desiring to conduct a sale
regulated by this chapter shall make a written application to the
City License Officer, setting forth and containing the following information:
(1)
The true name and address of the owner of the goods to be the object
of the sale.
(2)
The true name and address of the person from whom he purchased the
goods to be sold and the price therefor and, if not purchased, the
manner of such acquisition.
(3)
A description of the place where such sale is to be held.
(4)
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of such occupancy.
(5)
The dates of the period of time in which the sale is to be conducted.
(6)
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.
(7)
The means to be employed in advertising such sale, together with
the proposed content of any advertisement.
(8)
A complete and detailed inventory of the goods to be sold at such
sale as disclosed by the applicant's records, said inventory
shall be attached to and become part of the required application.
(a)
Bona fide orders. 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.
(b)
Goods purchased for sale hereunder. Such inventory shall not
include goods ordered in contemplation of conducting a sale regulated
hereunder. Any unusual purchase or additions to the stock of goods
of the business hereby affected within 30 days before the filing of
an application hereunder shall be deemed to be of such character.
[Amended 10-9-1969 by Ord. No. 31-1969]
B.
License and renewal fees. Any applicant for a license hereunder shall
submit to the City License Officer with his application a license
fee of $150. Any applicant for a renewal license hereunder shall submit
to the City License Officer with his renewal application a renewal
license fee of $100.
[Amended 4-20-2016 by Ord. No. 20-2016]
A.
A license shall be issued hereunder on the following terms:
(1)
Licensing period. The license shall authorize the sale described
in the application for a period of not more than 30 consecutive days,
Sundays and legal holidays excluded, unless the licensee actually
remains open for business on Sundays and legal holidays, and then
those days shall be included. This intention to open for business
or to remain closed is to be stated in the application, and the length
of the licensing period shall be set forth therein.
[Amended 10-9-1969 by Ord. No. 31-1969]
(2)
Nature of sale. The license shall authorize only the one type of
sale described in the application at the location named therein.
(3)
Saleable goods. The license shall authorize only the sale of goods
described in the inventory attached to the application.
B.
Surrender of general license. Upon being issued a license hereunder
for a going-out-of-business sale, the licensee shall surrender to
the City License Officer 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.
C.
Nontransferability. Any license herein provided for shall not be
assignable or transferable.
D.
Renewal procedure. The City License Officer shall renew a license
for one period of time only, such period to be an addition to the
30 days permitted in the original license and shall be for a period
not to exceed 15 consecutive days, Sundays and holidays excluded,
unless the licensee sets forth in the application for renewal that
he intends to do business on Sundays and holidays, in which event
those days shall be included, when he finds that:
[Amended 10-9-1969 by Ord. No. 31-1969]
(1)
The licensee has filed an application for renewal.
(2)
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 any 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.
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 license.
B.
Advertise properly; refrain from employing any untrue, deceptive
or misleading advertising.
C.
Adhere to advertising; conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
D.
Keep duplicate inventory; 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.
Segregate noninventoried goods; 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.
[Amended 7-29-1971 by Ord. No. 27-1971; 11-25-2008 by Ord. No.
104-2008]
Any person violating any of the terms and provisions of this
chapter shall, upon conviction in the Municipal Court of the City
of Atlantic City, be punished for each offense by a fine not to exceed
$2,000 or be imprisoned for any term not exceeding 90 days in the
county jail or in any place provided by the municipality for the detention
of prisoners, or both. The Municipal Judge before whom any person
is convicted of violating this chapter shall have the power to impose
any fine or term of imprisonment not exceeding the maximum fixed in
this chapter.
