[HISTORY: Adopted by the Mayor and Council of the City of Hoboken as indicated in article histories. Amendments noted where applicable.]
Article I Bankruptcy and Fire Sales
[Adopted 10-18-1961 by Ord. No. 174]
For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein:
- The City of Hoboken.
- CITY LICENSE OFFICER
- The Clerk of the City of Hoboken.
- 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, 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.
- 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, organization or entity of any kind.
- 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.
A license issued by the City License Officer, 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: going-out-of-business sale, removal-of-business sale and fire and other altered goods sales.
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.
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.
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 another store or branch is cooperating with it or participating in any way in the licensed sale.
Persons exempted. The provisions of this Article 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; 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 Article have not been complied with.
Written information required. A person desiring to conduct a sale regulated by this Article shall make a written application to the License Officer setting forth and containing the following information:
The true name and address of the owner of the goods to be sold.
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.
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The dates of the period of time in which the sale is to be conducted.
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.
The means to be employed in advertising such sale, together with substantially proposed content of any advertisement.
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 a part of the application required under this Article. 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 filing of an application hereunder, shall be deemed to be of such character.
Issuance of license. No license provided for in this section shall be issued unless and until all taxes and assessments, fees and charges due the City of Hoboken have been paid.
License fee. Any applicant for a license hereunder shall submit to the License Officer, with the application for a license, a license fee of $50. Any applicant for renewal of any license granted hereunder shall submit to the License Officer, with his application for renewal, a renewal license fee of $25.
[Amended 12-1-1982 by Ord. No. C-233]
License period and renewal procedure. The license shall authorize the sale described in the application for a period of not more than 30 consecutive days, following the issuance thereof. The License Officer shall renew a license for one period of time only, such period to be in addition to the 30 days permitted in the original license and not to exceed 30 consecutive days when the License Officer finds that facts exist justifying the license renewal; that the licensee has filed a written application for said renewal; 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 purpose of this subsection, any application for a license under the provisions of this Article, 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.
Nature of sale. The license shall authorize only one type of sale described in the application at the location named therein.
Saleable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
Surrender of general license. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the 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 Article.
Nontransferability. Any license herein provided for shall not be assignable or transferable.
A licensee hereunder shall:
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.
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 License Officer.
Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
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.
Segregate noninventoried goods. Keep any other goods separate and apart from the sale goods and make such distinction clear to the public.
[Amended 11-4-1987 by Ord. No. V-140]
Any person other than a corporation violating any provision of this Article shall, upon conviction thereof, before the Municipal Court, be subject to a fine in any sum not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and imprisonment within the limitation aforesaid to be determined in the discretion of the Municipal Judge and, in default of the payment of any fine imposed, may be imprisoned for a period not exceeding 90 days.
Any corporation violating any provision of this Article shall, upon conviction thereof, be subject to a fine not exceeding $1,000, the amount of such fine, within the limits aforesaid, to be determined in the discretion of the Municipal Judge.
Each day any such violation is continued or permitted to be continued shall constitute a separate offense punishable as such hereunder.