Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the governing body of the Township of Little Falls as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Licensing — See Ch. 122.
[Adopted 12-18-1995 by Ord. No. 753 as Sec. 4-5 of the 1995 Revised General Ordinances]

§ 186-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CLOSE-OUT SALE
Shall mean, but shall not be limited to, the sale or an offer to sell, to the public, goods, wares and merchandise of any and all kinds and description on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that the sale is anticipatory to the termination, closing, liquidation, winding up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be an adjustment sale, creditor's 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 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.
FIRE 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.
GOODS
Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
PUBLISH or PUBLISHING or ADVERTISEMENT or ADVERTISING
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, letter, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display or poster, whether in or away from the business location, radio announcement and any and all other means, oral or written.
REMOVAL OF BUSINESS SALE
A sale held out in 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 or will then continue business from other existing locations in the Township.

§ 186-2 Filing of application and inventory.

A person desiring to conduct a sale regulated by this article shall make written application to the Township Clerk setting forth and containing the following information, in addition to the requirements of Chapter 122, Licensing, Article I:
A. 
The true names and addresses of the owners of the goods to be the object of the sale.
B. 
The true name and address of the person from whom the owner purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition.
C. 
A description of the place where the sale is to be held.
D. 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
E. 
The dates of the period of time in which the sale is to be conducted.
F. 
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.
G. 
The means to be employed in advertising the sale, together with the proposed content of any advertisement.
H. 
A complete and detailed inventory of the goods to be sold at the sale as disclosed by applicant's records. The inventory shall be attached to and become part of the application.

§ 186-3 Fees.

[Amended 12-22-2008 by Ord. No. 1060]
Fees for distress, close-out, removal and fire sale licenses and removals pursuant to this article shall be as set forth in Chapter 71, Fees.

§ 186-4 Duties of licensee.

A licensee hereunder shall:
A. 
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.
B. 
Refrain from employing any untrue, deceptive or misleading advertising.
C. 
Conduct the licensed sale in strict conformity with any advertising or holding out incidental thereto.
D. 
Keep available at the place a duplicate copy of the inventory submitted with the application and present the duplicate of inspecting officials upon request.
E. 
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.
F. 
Display the license in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of said premises.
G. 
Keep suitable books and records at the place of sale and make same available for inspection by the governing body or its authorized representatives.

§ 186-5 License term; renewal.

The license shall authorize the sale described in the application for the period of not more than 30 consecutive days following the issuance thereof. The license shall be renewed, in the discretion of the governing body, for an additional period of time not exceeding 30 days, upon the filing of a new application which must be accompanied with 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.

§ 186-6 Limits on type of sale and goods authorized by license.

A. 
The license shall authorize only the type of sale described in the application at the location named therein.
B. 
The license shall authorize only the sale of the goods described in the inventory attached to the application.

§ 186-7 Surrender of other business licenses.

Upon being issued a license under this article, the licensee shall surrender to the Township Clerk all other Township business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this article.

§ 186-8 Stock excluded from licensed sales.

It shall be unlawful to sell, offer or expose for sale or to list on the inventory required by § 186-2 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 sale, or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold, and stock on hand.

§ 186-9 License limited to one location.

Where a person applying for a license operates 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.

§ 186-10 Exempt sales.

The provisions of this article shall not apply to or affect the following persons:
A. 
Persons acting pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Duly licensed auctioneers, selling at auction.
D. 
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 article have not been complied with.

§ 186-11 Payment of personal property taxes required.

No license authorized under this article shall be issued unless personal property taxes are paid to the date of the application for the license.

§ 186-12 Death of licensee; rights of heirs.

Upon the death of a licensee doing business in the Township, his heirs, devisees or legatees, or executors or administrators, shall have the right to apply at any time for a license under this article.

§ 186-13 Violations and penalties.

Any person violating the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article I.
[Adopted 12-18-1995 by Ord. No. 753 as Sec. 4-4 of the 1995 Revised General Ordinances]

§ 186-14 License required.

No person shall conduct a casual sale of personal property without first obtaining a license from the Township Clerk.

§ 186-15 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CASUAL SALE
Sales commonly known as garage sales, lawn sales, attic sales, rummage sales, or flea markets sales or any similar casual sales of tangible personal property wherein goods are made available for sale to the public at large.

§ 186-16 Fees for license; exception.

A. 
The license fee for a sale as defined in this article shall be as set forth in Chapter 71, Fees.
[Amended 12-20-2004 by Ord. No. 952; 12-22-2008 by Ord. No. 1060]
B. 
Churches located in the Township are exempt from making application and paying a license fee.

§ 186-17 Regulations on conduct of sales.

A. 
There shall be not more than two such sales per year per household unless otherwise authorized by action of the governing body.
B. 
No goods shall be displayed nor a sale be conducted on premises other than in the driveway, in the garage, or the interior of the premises, or the rear or side yards or front yard, except for that portion of the side yard which protrudes into the front yard, all as defined in Chapter 280, Zoning.
C. 
Newspaper advertisements for the sale shall be permitted as well as a sign on the premises. However, the sign on the premises shall not be erected more than 48 hours prior to the sale and shall be removed immediately after the sale.
D. 
Where a permit is issued, the permit shall designate three days during which the sale is permissible under the permit. An automatic rain date is granted without additional fee.
E. 
No off-premises sign shall be permitted.
F. 
No goods shall be sold at a casual sale as defined in this article which have been purchased for sale at a casual sale nor shall any goods be sold at a casual sale except goods which have been owned by the owner and at the premises of the owner for six months prior to the sale.
G. 
No sale shall be conducted except during the hours of 8:00 a.m. to 6:00 p.m., except Sunday when the hours will be 1:00 p.m. to 6:00 p.m.
H. 
No tangible personal property shall be sold at a casual sale, as defined in this article, except pursuant to the issuance of a license and except in conformity with the restrictions contained herein.

§ 186-18 Application for license; required information.

A. 
The application for a license shall be made at least two days prior to the initial date of the intended sale. The license shall be prominently displayed on the premises and visible from the street upon which the sale is conducted throughout the entire period of the licensed sale.
B. 
A person applying for a license shall submit to the Township Clerk, in writing, the name of the person conducting the sale; the name of the owner of the property on which the sale is to be conducted; the location at which the sale is to be conducted; the number of days of the sale; and the date and nature of any past sales during the same calendar year.

§ 186-19 Responsibility for keeping order.

The person to whom the license is issued and the owner or tenant of the premises at which the sale is to be conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No loud or boisterous conduct shall be permitted on the premises nor shall the passage of traffic be in any way impeded.

§ 186-20 Sale of goods under consignment prohibited.

The occupier of the premises shall not sell goods at the premises received by him under consignment.

§ 186-21 Persons and sales excepted.

The provisions of this article shall not apply to or affect the following persons or sales:
A. 
Persons selling pursuant to an order or process of the court.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any person selling or advertising for sale an item or items of personal property which are specifically named and described in the advertisement and which separate items do not exceed five in number.
D. 
Any sale conducted by any merchant or business establishment from/or at a place of business which is lawful.

§ 186-22 Violations and penalties.

Any person violating the provisions of this article shall be liable, upon conviction, to the penalty stated in Chapter 1, General Provisions, Article I.