It shall be unlawful for any person, partnership or corporation
to advertise or hold out by any means any sale of goods, wares and
merchandise as an insurance, bankruptcy, mortgage foreclosure, insolvency,
removal, loss or expiration of lease or closing out sale or as assignees',
receivers' or trustees' sale or as sale of goods distrained or as
sale of goods damaged by fire, smoke or water unless a license to
conduct such sale is first obtained from the Clerk of the Township.
Upon application for such license, the applicant shall make
a full disclosure, under oath, of the following information: the true
name of the owner of the goods to be offered for sale, the name of
the operator of the sale if a person other than the true owner, and
a full and complete inventory of the quantity, kind and character
of the goods to be offered for sale, which shall be prepared in the
following manner: first, a listing of all goods which have been in
stock for a period of 15 days or longer prior to the application for
the license; second, a listing of all goods received in stock within
the 15 days immediately preceding the application for the license;
third, a listing of all goods which have been ordered and will be
placed in stock during the pendency of the sale, the method by which
the applicant for the license or the true owner of the goods, if a
different person, acquired title to the same and the reason for the
urgent and expeditious disposal thereof. If any defect appears in
the title of the goods or any false representation is made in such
application, the Township Clerk may refuse the license, after a hearing.
The applicant shall be given three days' notice of such hearing.
It shall be the duty of each such licensee to post a copy of
said application in the sales room or place where the goods are to
be sold so that the public may be informed of the facts in relation
to the goods before purchasing the same.
Any license so granted, as aforesaid, shall be good for no more
than a period of 60 days and shall not be renewable, nor shall any
other such license be granted to the same person within the Township
of Riverside for a period of one year succeeding the expiration of
the previous license. The Township Clerk shall receive from the applicant
for such license upon the granting thereof a license fee which shall
be $25.
This chapter shall not apply to any sales held under a judicial
order, judgment or decree or a writ issuing out of any court or to
enforce any lawful lien or power of sale whether by judicial process
or not or by a licensed auctioneer.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under Chapter
1, Article
II, General Penalty.