[Ord. 448, 5/7/1985, § 1]
1.
That sales to be licensed and regulated pursuant to the provisions
of this Part have often been conducted and advertised in such a manner
as to mislead and defraud the public and otherwise to result in harm
to the public interest.
2.
That such fraud and imposition on the public has included, by way
of partial enumeration only; the misrepresentation of the condition
or necessity which is the occasion of such sale; the misrepresentation
of the identity of the person conducting such sale, and/or the name
and style in which such sale is to be conducted; the misrepresentation
that the goods offered at such sale are selling at sacrifice prices;
the misrepresentation that the operator of the sale is selling merchandise
on hand at the time when the necessity, which is the occasion of such
sale, arose, when in fact he is replenishing his stock with additional
merchandise both prior to the commencement and during the conduct
of such sale so as to keep foisting upon the public such added merchandise
as though it were part of the original stock; and the excessive valuation
and misrepresentation of the quality, former price and ownership of
the goods to be sold at such sale.
3.
In order to prevent such fraud and imposition, the public interest
requires the regulation of such sales and the duration and conduct
thereof.
4.
That the public interest therefore requires that no such sale should
be conducted in the Township of Collier without a license or otherwise
than in accordance with this Part.
[Ord. 448, 5/7/1985, § 2]
It shall be unlawful for any person in the Township of Collier
to advertise or hold out by any means that the sale of any goods,
wares or merchandise is a "closing-out sale," "a sale of goods damaged
by fire, smoke or water," or a "defunct business sale," unless a license
is first obtained to conduct such a sale from the Secretary of the
Board of Commissioners of the Township of Collier.
[Ord. 448, 5/0/1985, § 2]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. 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:
All sales advertised, represented, or held forth under the
designation of "quitting business," "going out of business," "discontinuance
of business," "selling out," "liquidation," "lost our lease," "must
vacate," "forced out," "removal," "branch store-discontinuance sale,"
"building coming down," "end," "final days," "last days," "lease expires,"
"we give up sale," "we quit sale," "warehouse closing sale," "warehouse
removal sale," "reorganization sale," and any other advertising or
designation by any other expression or characterization similar to
any of the foregoing, and giving notice to the public that the sale
will precede the abandonment of a business location.
All sales advertised, represented or held forth under the
designation of "adjuster's sale," "administrator's sale,"
"assignee's sale," "bankrupt sale," "bankrupt stock sale," "benefit
of administrator's sale," "assignee's sale," "bankrupt sale,"
"bankrupt stock sale," "benefit of administrator's sale," "creditor's
committee sale," "creditor's sale," "executor's sale," "insolvent
sale," "mortgage sale," "receiver's sale," "trustee's sale,"
and any other advertising or designation by any other expression or
characterization similar to any of the foregoing, and conveying the
same meaning or giving notice to the public of a sale resulting from
death, business failure, or other adversity.
Any individual, partnership, association, firm or corporation.
All sales advertised, represented or held forth under the
designation of the "fire sale," "smoke damage sale," "water damage
sale," "flood damage sale," "insurance sale," and any other advertising
or designation by any other expression or characterization similar
to any of the foregoing, and giving notice to the public that the
goods, wares or merchandise offered for sale have been damaged.
Any purchase of goods, wares or merchandise during the 90
days preceding the application for a license, the total value of which
is at least 25% greater than purchases made by the applicant for a
like ninety-day period during any one of three years next immediately
preceding the year in which the application is made or his peak purchases
for any ninety-day period if he has been in business for less than
three years.
[Ord. 448, 5/7/1985, § 4]
1.
Any person desiring to conduct a sale regulated by this Part shall
make a written application under oath to the Secretary of the Board
of Commissioners of the Township of Collier.
2.
If the application is for a "closing out sale" or a "defunct business
sale," it shall be filed at least 15 days prior to the date on which
such sale is to commence.
3.
If the application is for a "sale of goods damaged by fire, smoke
or water," it may be made at any time prior to the date on which such
sale is to commence.
4.
All applications for a licensed sale regulated by this Part shall
set forth and contain the following information:
A.
The name and address of the applicant who must be the true owner
of the goods, wares or merchandise to be sold, and if the applicant
be a partnership, the names and addresses of all partners, or if the
applicant be a corporation or association, the date and place of incorporation
or organization, the address of the principal office within the Commonwealth
and the names and addresses of all the officers of the applicant.
B.
The name and address of the person or persons who will be in charge
and responsible for the conduct of such sale.
C.
The exact address of the place at which the proposed sale is to be
conducted and the length of time the applicant has been engaged in
business at such location.
D.
The date on which it is proposed to begin the sale.
E.
The nature of the occupancy where such sale is to be held, whether
by lease or otherwise, and the effective date of termination of such
occupancy.
F.
The reason for the urgent and expeditious disposal of the goods,
wares or merchandise to be offered at such sale.
G.
A statement of the descriptive name of the sale and the reasons why
the name is truthfully descriptive of the sale.
H.
A statement that the business is to be terminated permanently or
reopened at another location; the location of the premises at which
the business is to be moved if the applicant intends to resume the
operation of the business upon the termination of the sale; and the
name or designation under which such business is to be resumed.
I.
A full, complete, detailed and itemized inventory of the goods, wares,
and merchandise to be offered at such sale as disclosed by applicant's
records, which inventory shall:
(1)
Itemize the goods to be offered for sale and contain sufficient
information concerning each item, including quantity, make, brand
information concerning each item, including quantity, make, brand
name, model and manufacturer's number, if any, to clearly identify
it.
(2)
List separately any goods to be offered for sale which were
purchased and received during a ninety-day period immediately prior
to the date of making application for the license.
(3)
The total retail value of the inventory of goods, wares, and
merchandise to be offered at such sale based on the inventory used
for applicant's most recent federal income tax return adjusted
for sales and purchases.
(4)
If the application is for a license to conduct a "sale of goods
damaged by fire, smoke, or water" and the applicant was not the owner
at the time when the goods, wares, and merchandise to be offered at
the contemplated sale were damaged, he shall attach to the said application
certified copies of the bill of sale and all other documents connected
with such transfer obtained by him from the previous owner of such
goods, wares, and merchandise.
(5)
If the application is for a license to conduct a "defunct business
sale," and the applicant was not the owner of the goods, wares and
merchandise to be offered at the contemplated sale at the time of
occurrence of the circumstances warranting the termination of such
business, he shall attach to the application certified copies of the
bill of sale and the official appraisal made by the trustee, receiver,
assignee for benefit of creditor, referee in bankruptcy, or the personal
representative of a decedent.
J.
A statement that no goods will be added to the inventory after the
application is made.
K.
A statement that all goods included in such inventory have been purchased
by the applicant for resale on bona fide orders without cancellation
privileges and that said inventory compromises no goods purchased
on consignment.
L.
A statement that no merchandise listed in the inventory has been
the subject of a licensed sale conducted within one year prior to
the date of the application, unless such merchandise was damaged by
fire, smoke, or water while in the possession of the applicant.
[Ord. 448, 5/7/1985, § 5]
1.
The provisions of this Part shall not apply to nor affect the following
persons:
A.
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
B.
Persons who are required to file an accounting with a court of competent
jurisdiction.
C.
Persons acting in accordance with their powers and duties as public
officers such as sheriffs, constables and marshals.
D.
Any publisher or employee of a newspaper, magazine, or any operator
or employee of a radio or television broadcasting station, who published
or broadcasts any such advertisement in good faith without knowledge
of its false, deceptive and misleading character, or without knowledge
that the provisions of this Part are not being complied with.
2.
Nor shall the provisions of this Part apply to any sale advertised
as an "alteration sale," "remodeling sale," "clearance sale," "surplus
stock liquidation sale," or "special purchase sale."
[Ord. 448, 5/7/1985, § 6]
No license shall be issued unless there is filed with the Secretary
of the Board of Commissioners of the Township of Collier a bond payable
to the Commonwealth of Pennsylvania, conditioned upon the faithful
observance of all the provisions of this Part, and the indemnifying
of any purchaser at such sale who suffers any loss by reason of misrepresentation
made in connection with such sale and for the payment to the Township
of Collier or the Commonwealth of all taxes due and owing or which
may become due, and authorizing actions thereunder by the Township
of Collier and by any purchaser at such sale for damage or loss suffered
by him by reason of any misrepresentation made in connection with
such sale; provided, however, that the aggregate liability of the
surety for all breaches of the conditions of the bond shall in no
event exceed the amount of said bond. The amount of said bond shall
be determined as follows: 5% of the first $100,000 of the retail value
of all the goods, wares and merchandise to be offered at such sale;
2% of the next $400,000; and 1% of the balance. Said bond shall be
approved as to form and sufficiency by the Township Solicitor and
by the Township Board of Commissioners.
[Ord. 448, 5/7/1985, § 7]
If the applicant for a license hereunder owns, conducts or operates
more than one store or a warehouse in connection with such store or
stores, the license issued will apply only to the one store or warehouse
for which it was issued, and no other store, branch or warehouse may
advertise or represent in any way that it is cooperating with or participating
in any way in the licensed sale, or shall the licensed store or any
person advertise or represent that any other store or warehouse cooperating
with the participating in the licensed sale. The licensed sale conducted
by any store of a chain or group of stores shall be conducted solely
at the location of the store for which the license was obtained and
no goods, wares or merchandise shall be brought from any other store
and placed on sale at the store licensed to conduct a sale hereunder.
[Ord. 448, 5/7/1985, § 8]
1.
Any substitute for or addition to goods described in an inventory
filed pursuant to this Part, or any change in the time or place for
a sale conducted pursuant to this Part, shall be unlawful and shall
void any license issued to conduct a sale pursuant to this Part, and
such license shall be revoked.
2.
In the case of a sale licensed under this Part, conducted by the
applicant in addition to conducting a business of selling other goods,
wares or merchandise not included in the inventory accompanying the
application, the goods to be sold at such sale shall be clearly and
distinctly segregated, marked or identified, and advertised if at
all, so that both on display and in advertising such goods may be
readily distinguished from other stocks, and their identity readily
ascertained. Any commingling of such goods with other stocks of the
licensee in such a manner as to cause the goods to lose their separate
identity, either on display or in advertising, shall be unlawful and
shall void any license issued to conduct such a sale pursuant to this
Part, and such license shall be revoked.
[Ord. 448, 5/7/1985, § 9]
1.
Upon receipt of the application, the Secretary of the Board of Commissioners
of the Township of Collier may, in his discretion, make or cause to
be made an examination, or order an investigation of the applicant,
and all the facts contained in the application and inventory in relation
to the proposed sale. A license shall be denied or refused if any
one or more of the following facts or circumstances are found by him
to exist:
A.
That the applicant has not been the owner of the business advertised
or described in the application for a license hereunder for a period
of at least three months prior to the date of application, or if the
applicant be a partnership, corporation or association, controlling
interest in the corporation or association was transferred within
six months prior to the date of the application for a license hereunder,
except:
(1)
Where the application is for a license for a "sale of goods
damaged by fire, smoke, or water," or a "defunct business sale," and
the inventory listed in the application contains only those goods,
wares or merchandise which were on the premises at the time of the
occurrence of the circumstances warranting the granting of a license
hereunder.
(2)
Upon the death of a person doing business in this Commonwealth,
his or her heirs, distributees, devisees, legatees, or their successors
and assignees, shall have the right to apply at any time for a license
hereunder.
(3)
Where a business is required or compelled to be discontinued
because the premises whereupon it is being conducted has been condemned,
taken for purposes of urban renewal or development or because the
premises must be vacated because of legal or judicial proceedings.
B.
That in the case of a "closing out sale," the applicant, either as
owner, partner, member of an association, or principal stockholder
of a corporation, was granted a prior license hereunder with one year
preceding the date of the filing of the application.
C.
That the inventory contains goods, wares, or merchandise not purchased
by the applicant for resale on bona fide orders without cancellation
privileges.
D.
That the inventory contains goods, wares or merchandise purchased
by the applicant on consignment, except if the consigned goods, wares
or merchandise have been damaged while in the consignee's possession.
E.
That the applicant, except in the case of an application for a license
to conduct a "sale of goods damaged by fire, smoke, or water," or
a "defunct business sale," either as owner, partner, officer of an
association, or principal stockholder of a corporation, was granted
a prior license hereunder within one year preceding the date of the
filing of the application at the particular location for which the
license is sought, or within one year prior to the date of filing
of the application, has conducted a sale in connection with which
he advertised or represented that the entire business conducted at
the particular location for which the license is sought was to be
closed out or terminated.
F.
That the applicant has within one year prior to the filing of the
application been convicted of a violation of this Part.
G.
That the goods, wares or merchandise as described in the inventory
were transferred or assigned to the applicant prior to the date of
the filing of the application and that said transfer or assignment
was not made for a valuable and adequate consideration.
H.
That the inventory contains goods, wares or merchandise purchased
by the applicant or added to his stock in contemplation of such sale
and for the purpose of selling the same at such sale. For this purpose
any unusual purchase or addition to the stock of such goods, wares
and merchandise made within 90 days prior to the date of the filing
of such application shall be presumptive evidence that such purchase
or additions were made in contemplation of such sale and for the purpose
of selling the same at such sale.
I.
That any representation made in the application is false.
2.
Revocation. Upon written and signed complaint being filed with the
Secretary of the Board of Commissioners of the Township of Collier,
by a resident of the Township, or a resident of any adjoining municipality
or township, or upon the initiative of such Secretary after making
an investigation, the Secretary shall revoke any license granted under
the provisions of this Part if he shall determine:
A.
That any sale by the applicant is conducted in violation of any provision
of this Part.
B.
That the applicant has made any material misstatement in his application
for said license.
C.
That the application has failed to include in the inventory required
by the provisions of this Part, the goods, wares or merchandise required
to be contained in such inventory.
D.
That the applicant has added or permitted to be added to said sale
or offered or permitted to be offered at said sale, any goods, wares
or merchandise not described in the original application and inventory.
E.
That the applicant made or permitted to be made any false, misleading
or deceptive statements in advertising said sale, whether written
or oral, or in displaying, ticketing, or pricing goods, wares or merchandise
offered for sale.
[Ord. 448, 5/7/1985, § 10]
Any applicant for a license, who is aggrieved by the denial,
refusal or revocation of a license, may appeal within five days from
the date of denial, refusal or revocation to the Court of Common Pleas
of the County of Allegheny. The appeal shall be upon petition of the
applicant for an injunction prohibiting the denial, refusal or revocation
of a license. A copy of such appeal shall be served upon the Secretary
of the Board of Commissioners of the Township of Collier.
[Ord. 448, 5/7/1985, § 11]
A copy of the application for license to conduct a sale under
this Part, including the inventory filed therewith, shall be posted
in a conspicuous place in the sales room or place where the inventoried
goods are to be sold, so that the public may be informed of the facts
relating to the goods before purchasing same. Any advertisement or
announcement published in connection with the sale shall conspicuously
show on its face the number of the license, the date of its expiration,
and if applicable, the location where the business is to be resumed.
[Ord. 448, 5/7/1985, § 12; as amended by Ord. 505,
7/3/1991, § 13-512]
A license to conduct a sale issued pursuant to this Part shall
be good for no more than a period of 30 consecutive calendar days
and may be renewed for one consecutive period not exceeding 30 consecutive
calendar days upon the affidavit of the applicant that the goods listed
in the inventory have not been disposed of and that no new goods have
been or will be added to the inventory previously filed pursuant to
this Part by purchase, acquisition, on consignment or otherwise. The
application for renewal shall be made not more than 10 days prior
to the time of expiration of the license and shall contain a new inventory
of the goods remaining on hand at the time the application for renewal
is made, which new inventory shall be prepared and furnished in the
same manner and form as the original inventory. The Secretary of the
Board of Commissioners of the Township of Collier shall receive from
the applicant for such license, upon the granting thereof, a fee as
established from time to time by the Board of Commissioners, and upon
the renewal thereof, a fee as established from time to time by the
Board of Commissioners. The applicant shall not be entitled to a refund
of the fee paid if said application is refused, denied or revoked.
[Ord. 448, 5/7/1985, § 13]
Opening of a business similar to the one for which the sale,
licensed pursuant to this Part, was conducted, except the licenses
"sale of goods damaged by fire, smoke or water," by the person, partnership,
association, corporation, or partner of a partnership, officer of
an association or principal stockholder or a corporation, who or which
conducted the sale upon the same premises within one year of the termination
of the sale, shall constitute a violation of this Part. Every day
in which business is conducted within the prohibited period of one
year shall constitute a separate violation of this Part.
[Ord. 448, 5/7/1985, § 14]
1.
Suitable books and records concerning said sale shall be kept by
the licensee for the duration of the licensed sale and one year thereafter,
and shall be open for inspection by the Secretary or his duly authorized
representative.
2.
Upon the termination of a sale licensed hereunder, the applicant
shall, within 30 days of such termination, file a statement with the
Secretary of the Board of Commissioners of the Township of Collier
stating:
[Ord. 448, 5/7/1985, § 15; as amended by Ord. 505,
7/3/1991, § 13-515; and by Ord. 652, 4/13/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense. The right to appeal from such conviction shall
exist as in other cases of summary proceedings.
