Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneering — See Ch. 170.
Peddling and soliciting — See Ch. 391.
Signs — See Ch. 427.
[1]
Editor's Note: This ordinance repealed former Ch. 413, Sales, Special, adopted 11-27-1973 by Ord. No. 1378 as Ch. 116 of the 1973 Code, as amended.

§ 413-1 Closing out sale license required; inventory list required; language in advertising; exceptions.

No person shall advertise, represent or hold out that any sale of goods, wares and merchandise is an insurance salvage, bankruptcy, bankrupt stock, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, expiration of lease, closing out sales, selling out, or a quitting business at any particular location sale, or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise, or a sale of the goods, wares and merchandise of a former owner thereof, whether in the seller's own name or that of the former owner, at any location other than the seller's bona fide retail establishment where he or she has been in business for a period of at least one year prior thereto in the Township, and it shall be unlawful for any person, in any of the advertising in connection with any sale except at a sale conducted at the seller's bona fide retail establishment where he or she has been in business for a period of at least one year, to use the words "bankrupt," "bankrupt stock," "United States District Court," "assignee," "receiver" or "trustee" without first filing with the Township Clerk the inventory hereinafter provided for and obtaining from the Township a license so to do, to be known as a "closing out sale license"; provided, however, that nothing in this chapter shall be deemed to apply to:
A. 
Sheriffs, constables and other public or court officers.
B. 
Any other person acting under the direction of any court of record, selling goods, wares and merchandise in the course of his or her official duties.
C. 
Duly licensed auctioneers, selling at auction.[1]
[1]
Editor's Note: See also Ch. 170, Auctions and Auctioneering.
D. 
Any publisher of a newspaper, magazine or other publication, who publishes 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.

§ 413-2 License fees; duration; limitation on number of licenses issued.

A. 
The fee for the license required by the preceding section shall be and the same is hereby fixed as follows and shall be paid to the Township Clerk:
(1) 
For a period not exceeding 10 days: $100.
(2) 
For a period not exceeding 20 days: $200.
(3) 
For a period not exceeding 30 days: $300.
(4) 
For an extension beyond 30 days, but not exceeding 90 days: $500.
B. 
Only one such license shall be issued to any one such person within a twelve-month period, and no such license shall be issued for more than 90 days.

§ 413-3 Inventory and cost information; restrictions on stock to be sold.

A. 
The inventory required by § 413-1 of this chapter shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the cost price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized. And by affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full and true, and known by him or such agent to be so.
B. 
It shall be unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory, any goods, wares or merchandise which is not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purposes of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the Township may ascertain the kind and quantity or number sold.

§ 413-4 Investigations authorized.

The Township may, in its discretion, verify the details of an inventory filed for the purpose of obtaining a closing out sale license, or it may make a check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom a closing out sale license has been issued to fail or refuse to give the Township, or any person designated by it for that purpose, all the facts connected with the stock on hand or the proper information of goods sold, or any other information that it may require in order to make a thorough investigation of all phases connected with the sale.

§ 413-5 License transfers; conditions; fee.

The license to be issued under the provisions of this chapter shall not authorize any person, except the designated licensee, to engage in business under each license. Such license shall not be transferable from the person to whom issued to any other person excepting upon the transferee complying with all the provisions of this chapter in relation to original application and license, and shall then only be transferable in case the original license fee has been paid. Approval of the transfer may be given by the Township upon payment of a transfer fee to the Township in the sum of 10% of the fee for the original license.

§ 413-6 Display of license required.

The license referred to herein shall be on display at all times at the place designated in the application for such license.

§ 413-7 Revocation of license.

A license may be revoked by the Township for the violation of the terms of the license or falsification in applying for the license, or when, in the opinion of the Township, the business so licensed is conducted in a manner contrary to law or to public morals or to the public health or to the safety of the life or limb of the public. Before a license is revoked, the licensee shall be accorded a hearing before the Township Council upon at least two days' notice, in writing. The decision of the Township Council shall be final as to revocation.

§ 413-8 Suspension of license.

A license may be suspended for not more than two weeks by the Township Council upon probable cause being shown that the license should be revoked.

§ 413-9 Hearings.

The Township Council shall hold such hearings and make such investigations as it may deem necessary in carrying out the provisions of this chapter in relation to suspension or revocation of licenses.

§ 413-10 Prohibited acts.

No person shall:
A. 
Prior to the acquisition of license, conduct said sale, advertise said sale or propose sale by any means whatsoever.
B. 
Permit any advertisement of said sale to continue after the licensed period of said sale has run.
C. 
Bring or permit to be brought to the licensed premises or place where sale is being conducted any goods, wares or merchandise not included in said inventory, during the licensed period of said sale.
D. 
Falsely advertise said sale or any phase of it, or any of the goods, wares or merchandise sold or offered or listed for sale.
E. 
Conduct or continue said sale after the licensed period has run.
F. 
Fail to submit with application for license a complete schedule of the advertisement medium or mediums to be used in sale. No advertisement of such sale shall be painted or erected on or in any premises other than where the sale is licensed to be held.
G. 
Fail to notify in writing the Township Clerk when the sale is concluded. When the sale is concluded, all advertising of the sale shall be immediately discontinued.
H. 
Make application for such sale until all taxes levied by the municipality against the personal property to be sold have been paid.
I. 
Make application for sale at any premises which is or may become during proposed sales period unsafe for such purpose.

§ 413-11 Violations and penalties.

Any person convicted of violating any of the terms or provisions of this chapter shall be subjected to a penalty of not more than 90 days' imprisonment in the common jail of the County of Ocean or a fine of not more than $2,000, or both, at the discretion of the Municipal Judge before whom such conviction is had.

§ 413-12 Legislative purposes.

This chapter is enacted for the purpose of:
A. 
Raising revenue.
B. 
For the regulation and control of certain kinds of sales of goods, wares and merchandise.
C. 
To give the municipality police power to license and regulate such sales.