[HISTORY: Adopted by the City Council of
the City of Passaic 11-7-1985 as Ord. No. 895-85. Amendments noted where
applicable.]
The following shall apply in the interpretation
of this chapter and shall have the meanings indicated:
Includes any goods, wares, merchandise or any other property
capable of being the object of a sale regulated hereunder.
A sale conducted on a residential premises and held out in
such a manner to reasonably cause the public to believe that the sale
will offer goods previously acquired by the person or persons conducting
the sale for their own use and now offered for sale, because they
are no longer useful to or desired by the seller. Such sale acquires
its descriptive name relative to its location on the premises, and
such descriptive name shall not be limiting in the application of
this definition, which shall apply to any sale held outside the dwelling
unit on a residential property.
A sale conducted within a dwelling unit wherein no merchandise
is visible from the street or any adjacent premises and held out in
such a manner as to reasonably cause the public to believe that the
sale will offer goods which were previously acquired by the person
or persons conducting the sale for their own use and enjoyment and
which are now offered for sale, because they are no longer useful
to or desired by the owner and because the owner/tenant of the dwelling
unit in which the sale is held has sold said unit or terminated the
tenancy thereof as of a date no more than 30 days after the date or
dates of the sale.
[Amended 8-8-2017 by Ord.
No. 2120-17]
Any person who has held a sale regulated by this chapter, either
individually or in association with others, at the location indicated
within the application shall not be granted a license for another
sale for such location for a period of 90 days from the date of such
sale.
A.
Licensing period. The license shall authorize the
sale described in the application for a period of not more than three
days within a thirty-day period, except for house sales, which may
be authorized for a period of not more than seven days within a thirty-day
period.
[Amended 8-8-2017 by Ord.
No. 2120-17]
(1)
The name and address of the owner of the goods to
be the object of the sale. If two or more unrelated persons are conducting
the sale jointly, the names and addresses of all such persons shall
be supplied.
(2)
A description of the place where such sale is to be
held.
(3)
The nature of the occupancy, whether ownership or
tenancy, and, in the case of house sales, the effective date of termination
of such occupancy.
(4)
The dates of the period of time in which the sale
is to be conducted, including rain dates, if applicable, and the hours
of sale.
B.
License fee. Any applicant for a license shall submit
to the City Clerk with the application a license fee of $5 for the
initial applicant and an additional $2 per person for each unrelated
person participating in a joint sale. For the purposes of this section,
"unrelated person" shall refer to the head of the household only,
and member of the household of such unrelated person shall not be
counted for the purpose of determining the license fee.
A license shall be issued on the following terms:
A.
Licensing period. The license shall authorize the
sale described in the application for a period of not more than three
consecutive days, except for house sales which may be authorized for
a period of not more than seven consecutive days or three consecutive
days on each of two consecutive weekends.
B.
Nature of sale. The license shall authorize only the
one type of sale described in the application of the location named
therein.
C.
Nontransferability. Any license herein provided for
shall not be assignable or transferable.
The license shall:
A.
Make no additions during the period of the licensed
sale to the goods originally offered, except such goods as shall have
been in his/her possession prior thereto. No goods shall be acquired
by the licensee for the purpose of resale at any sale regulated hereunder.
B.
Refrain from employing any untrue, deceptive or misleading
advertising.
C.
Conduct no sales prior to 8:00 a.m. or after 6:00
p.m.
D.
Place no goods or signs or other materials in or on
the public right-of-way or in any way interfere with the free flow
of pedestrian or vehicular traffic thereon.
E.
Comply at all times in all ways with the provisions
of this chapter and any and all other applicable codes and regulations
of the City of Passaic, County of Passaic and State of New Jersey.
A.
Violation of any portion of this chapter shall subject
the violator to a fine not to exceed $1,000 or imprisonment for not
more than 90 days, or both. For violations of the days of sale, a
minimum fine of $25 per day shall be imposed.
B.
Anyone convicted of a violation of this chapter shall
be denied a license to conduct a sale regulated under this chapter,
or to participate in any such sale, for a period of three years. Anyone
twice convicted shall be forever barred from conducting such sale
or participating therein.