[HISTORY: Adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy 8-6-52 as Ord.
No. C-467. Section 359-14 amended at time of adoption
of Code; see Ch. 1, General Provisions. Other amendments noted where
applicable.]
For the purpose of this chapter, the following terms and words
shall have and shall be construed to have the following meanings:
The City of Perth Amboy.
The City Clerk of the City of Perth Amboy.
The Director of the Department of Finance of the City of
Perth Amboy.
The governing body of the City of Perth Amboy.
Includes the singular and plural, and means and includes
any person, firm, partnership or corporation.
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by word of mouth,
newspaper advertisement, magazine advertisement, handbill, written
or printed notice, printed display, billboard display, poster, radio
announcement or any and all other means, oral or written.
The sale or an offer to sell to the public of goods, wares
and merchandise of any and all kinds and descriptions on hand and
in stock in connection with a declared purpose, as set forth by advertising,
on the part of the seller that such sale is anticipatory to the termination,
closing, liquidation, revision, windup, discontinuance, conclusion
or abandonment of the business in connection with such sale. It shall
also include any sale advertised to be a "fire sale," "adjustment
sale," "creditor's sale," "alteration sale," "executor's
sale," "administrator's sale," "insolvent sale," "insurance salvage
sale," "mortgage sale," "assignee's sale," "adjuster's sale,"
"receiver's sale," "loss-of-lease sale," "wholesaler's closeout
sale," "creditor's committee sale," "forced-out-of-business sale,"
"removal sale" and any and all sales advertised in such manner as
to reasonably convey to the public that upon the disposal of the stock
of goods on hand the business will cease and be discontinued.
It shall be unlawful for any person to publish, announce or
conduct any sale of the type or kind herein defined without first
obtaining a license therefor in compliance with the provisions of
this chapter.
A.Â
Applicants for a license under this chapter, whether a person, firm
or corporation, shall file a written application with the Clerk, signed
by the applicant if an individual, by all partners if a partnership
and by the president if a corporation, showing:
(1)Â
The name of the person having management or supervision of applicant's
business during the time that it is proposed that the sale will be
conducted; the local address of such person while engaged in the sale;
the permanent address of such person; the capacity in which such person
will act (that is, whether as proprietor, agent or otherwise); the
name and address of the person for whose account the sale will be
carried on, if any; and if a corporation, its full corporate name,
under the laws of what state it is incorporated and the name and address
of its agent upon whom service of legal process may be had.
(2)Â
A description of the place where such sale is to be held.
(3)Â
The nature of the occupancy, whether by lease or by sublease, commencement
date and the effective date of termination of such occupancy.
(4)Â
The means to be employed in publishing such sale, together with the
proposed content of any advertisement.
(5)Â
An itemized inventory and list of stock to be offered for sale, together
with a statement of the quality and cost price thereof.
(6)Â
The place where such stock was purchased or acquired, and, if not
purchased, the manner of such acquisition.
(7)Â
Any additional information which may be required or requested by
the Clerk or the Director in connection with the application.
B.Â
The contents of the application shall be verified under oath by the
applicant.
The Clerk shall, upon written approval of the Director endorsed
upon such application, issue a license for a period not exceeding
thirty (30) days. Said license shall not be transferable.
A.Â
Upon satisfactory proof by the licensee that the stock itemized in
the original application has not been disposed of, said license may
be renewed for an additional thirty-day period.
B.Â
The application for renewal shall be made on a form furnished by
the Clerk and shall contain an itemized list of stock remaining on
hand to be offered for sale. The contents of the application for renewal
shall be verified under oath by the applicant.
C.Â
The Director shall cause the application for renewal to be examined
and investigated, and upon being satisfied as to the truth of the
statements therein contained, he may authorize the issuance of a renewal
license for a period not exceeding thirty (30) days; provided, however,
that no further renewal may be granted for any such sale for the same
location within one (1) year from the issuance of the original license.
A.Â
The Director may make such rules and regulations for the conduct
and advertisement of such sales as may be necessary to prevent deception
and to protect the public interest and welfare.
B.Â
The Director may, in his discretion, verify the details contained
in an application for a license or for a renewal thereof, or cause
a check and verification to be made of the items of stock sold during
the sale, and it shall be unlawful for any person to whom a license
has been issued to fail or refuse to furnish the Director or his designated
representative with information concerning goods sold, goods on hand
or any other information that may be required in order to make a complete
investigation of all applications for licenses and renewals thereof.
A.Â
A license or renewal thereof issued pursuant to this chapter may
be revoked by the Director, after notice and hearing, for any of the
following reasons:
(1)Â
Any fraud, misrepresentation or false statement contained in the
application.
(2)Â
Any fraud, misrepresentation or false statement made as to the inventory,
stock sold or stock on hand.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of the licensee for any felony or for a misdemeanor involving
moral turpitude.
(5)Â
Conducting the business licensed under this chapter in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.Â
Notice of hearing for revocation of a license shall be given in writing,
setting forth specifically the grounds of the complaint and the time
and place of the hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five (5) days prior
to the date set for the hearing.
C.Â
A license may be suspended for not more than five (5) days by the
Director upon probable cause being shown that the license should be
revoked.
D.Â
The Director shall hold such hearings and make such investigations
as may be necessary to carry out the provisions and intent of this
chapter.
Any person aggrieved by the decision of the Director with respect to the denial of an application for a license or in connection with the revocation or suspension of a license shall have the right to appeal to the governing body. Such appeal shall be taken by filing a written statement of the grounds for appeal with the governing body within ten (10) days after notice of the decision of the Director has been mailed to such person's last known address. The governing body shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in § 359-7B for notice of hearing on revocation. The decision of the governing body on such appeal shall be final.
A.Â
A duplicate original of the application and stock list by virtue
of which a license is granted shall be available by the licensee to
the Director or his designated representative, and the licensee shall
permit the Director or his representative to inspect and examine all
stock on the premises for comparison with the stock list.
B.Â
At the close of business each day the duplicate of the original stock
list in the possession of the licensee shall be revised by the licensee
and items on such list sold on that day shall be noted thereon.
C.Â
Suitable books and records shall be kept by the licensee at the place
of sale and shall be made available for inspection by the Director
or his authorized representative.
D.Â
It shall be unlawful to sell, offer or expose for sale at any such sale, or to list on the inventory required by § 359-3A(5), any stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted; to replenish or add to such stock for the purpose of disposal at such sale; or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.
Upon filing an application for an original or renewal license
as provided herein, the applicant shall pay to the Clerk a fee of
twenty-five dollars ($25). If any such application shall be disapproved,
such payment shall be forfeited to the city to defray the cost of
investigating the application.
Upon commencement of any such sale, the license issued therefor
shall be conspicuously displayed near the entrance to the premises
where such sale is conducted.
All advertising shall be descriptive of the nature of such sale.
The contents of the advertisement shall be identical with the proposed
advertisement submitted with the application.
The following persons shall be exempt from the provisions of
this chapter:
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding
five hundred dollars ($500) or by imprisonment not exceeding ninety
(90) days, or by both said fine and imprisonment.
