Township of Upper Darby, PA Chapter 447 Sales

[HISTORY: Adopted by the Board of Commissioners (now Township Council) of the Township of Upper Darby as indicated in article histories. Amendments noted where applicable.]

Article I Close-Out and Damaged Goods Sales

[Adopted 3-9-1954 by Ord. No. 1124]

§ 447-1 License required.

From and after the effective date of this article, it shall be unlawful, and it is prohibited, to advertise or conduct in the Township of Upper Darby any sale of goods, wares and merchandise, hereinafter referred to as "goods," in an insurance, bankruptcy, mortgage, insolvent, assignee, receiver, trustee, removal or closing-out sale or a sale of damaged goods, unless a license is first obtained from the Secretary of the Township to conduct such sale.

§ 447-2 Application for license.

Before any sale of the type or character described in § 447-1 of this article is advertised or conducted, an application for such license shall be signed by the person or corporation intending to advertise and/or conduct such sale and shall be verified by oath or affirmation and shall contain the following information:

A. True name and address of the owner of the goods to be offered for sale.

B. The name and address of the operator of the sale, if such person is other than the true owner.

C. A complete inventory of the quantity, kind and character of the goods to be offered for sale.

(1) A list of all goods which have been in stock for a period of 15 days or longer prior to the application for the license.

(2) A list of all goods received in stock within the 15 days immediately preceding the application for the license.

(3) A list of all goods which have been ordered and which will be placed in stock during the pendency of the sale.

(4) A statement that not more than 20% of the inventory for the past year has been ordered for delivery within 15 days before the sale.

D. The method by which the applicant or the true owner of the goods, if a different person, acquired title to the same.

E. The reason for the sale.

F. The period during which the sale will be held.

§ 447-3 Fee; term of license.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The applicant, prior to the issuance of said license, shall pay a license fee to the Secretary of the Township in the sum as set forth in the current fee schedule,[1] and upon approval of the application and the payment of the permit fee, the Secretary shall issue the license. The license shall be effective for a period of not more than 90 days and shall not be renewable.

[1] Editor's Note: See Ch. 290, Fees, Art. III, Fees for Licenses and Permits.

§ 447-4 Posting of copies of application.

Three copies of such application shall be posted in conspicuous places in the salesroom or place where the sale will be held and maintained in such position during the period of the sale.

§ 447-5 Prohibited acts.

It shall be unlawful, and it is prohibited, for any person to conduct or be responsible for any sale as set forth in § 447-1 hereof without first having obtained a license, as aforesaid, or to make or be responsible for any misrepresentation in connection with the goods so offered for sale or sold, or unlawfully to continue the same business at the same location after the expiration of a license issued for conducting a removal or closing-out sale.

§ 447-6 Goods excluded from sale.

No goods ordered after the sale began shall be sold or permitted to be sold at such sale, and the same is prohibited.

§ 447-7 Violations and penalties.

[Amended 2-6-1985 by Ord. No. 2644; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

This article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.

§ 447-8 Sales excluded from requirements.

This article shall not apply to sales conducted by constables, the sheriff or other public official or to any person acting under the direction or authority of any court, nor to sales by licensed auctioneers extending over a period in excess of one week, nor to sales conducted by insurance companies or by salvage companies acting for insurance companies.