[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro as indicated in article histories. Amendments noted where applicable.]
Article I Going-Out-of-Business; Altered Goods
[Adopted 2-9-1971 by Ord. No. 3-71 as Ch. 91 of the 1971 Code]
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.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Borough of Glassboro.
- BOROUGH LICENSE OFFICER
- The Borough Clerk of the Borough of Glassboro.
- FIRE, FLOOD 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, or goods which were on the premises at the time of the fire or other casualty and not damaged by said casualty.
- 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; rebuilding and remodeling sale.
- 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 or organization 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 in the Borough or will then continue business from other existing locations in the Borough.
A license issued by the Borough License Officer 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:
Established business requisite.
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 12 months prior to the date of the proposed sale shall not be granted a license.
Exception for survivors of businessmen. Upon the death of a person doing business in this Borough, his or her heirs, devisees or legatees 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 two years last past from the date of such application, shall not be granted a license.
Restricted location. Where a person applying for a license hereunder operated more than one place of business, the license issued 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 any other store or branch is cooperating with it or participating in any way in the licensed sale.
Persons exempted. The provisions of this chapter shall not apply to or affect the following persons:
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.
Persons conducting a sale of the type regulated herein on the effective date of this chapter, unless such sale is continued for a period of more than 10 days from and after such effective date, in which event such persons, at the lapse of the said ten-day period, shall comply with the provisions of this chapter.
Any publisher of a newspaper, magazine or other publication, who published in good faith any advertisement without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with.
Written information required. A person desiring to conduct a sale regulated by this chapter shall make make a written application to the License Officer setting forth and containing the following information:
The true names and addresses of the owners of the goods to be the object of the sale.
The true names and addresses of the persons from whom he purchased the goods to be sold and the price 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 the 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 part of the required application.
Bona fide orders. 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.
Goods purchased for sale hereunder. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the business hereby affected within 60 days before the filing of an application hereunder shall be deemed to be of such character.
License fee. Any applicant for a license hereunder shall submit to the License Officer with his application a license fee of $25. Any applicant for a renewal license hereunder shall submit to the License Officer with his renewal application a renewal license fee of $25.
A license shall be issued hereunder on the following terms:
Licensing period. The license shall authorize the sale described in the application for a period of not more than 10 consecutive days, Sundays and legal holidays excluded, following the issuance thereof.
Renewal procedure. The License Officer shall renew a license for one period of time only, such period to be in addition to the 10 days permitted in the original license and not to exceed 10 consecutive days, Sundays and holidays excluded, when he finds:
That facts exist justifying the license renewal.
That the licensee has filed an application for 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 chapter covering any 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 the one type of sale described in the application at the location named therein.
Salable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
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.
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 copy of the inventory submitted with the application and present such duplicate to inspecting officials upon request.
Segregate noninventoried goods. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of all such goods.
Any person violating any of the terms and provisions of this chapter shall, upon conviction in the Municipal Court of the Borough of Glassboro, be punished for such offense by a fine not to exceed $200, or by the imprisonment for any term not exceeding 90 days in the county jail or in any place provided by the municipality for the detention of prisoners, or both. The Municipal Magistrate before whom any person is convicted of violating this chapter shall have the power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.
In default of the payment of any fine imposed hereunder, any person convicted of any violation of this chapter may, in the discretion of the Municipal Magistrate by whom he was convicted, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.