Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licensing — See Ch. 142.
[Adopted 10-11-1976 by Ord. No. 16-1976]

§ 67-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PRIVATE AUCTION
The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises and conducted by a person employed for such purpose, whether compensated or not.
[Amended 7-25-2012 by Ord. No. 35-2012]
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling, house or other structure.
PRIVATE SALES
The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises.
[Amended 7-25-2012 by Ord. No. 35-2012]

§ 67-2 General regulations.

A. 
Intent. No private sale or private auction shall be conducted within the Township except in conformance with the provisions of this article.
B. 
Permit required. No private sale or private auction shall be conducted within the Township unless a permit shall have first been issued by the Licensing Officer permitting such sale or auction.
[Amended 7-9-1986 by Ord. No. 28-1986]
C. 
Hours of sale or auction. No private sale or private auction shall be conducted within the Township except between the hours of 9:00 a.m. and sunset on the days for which a permit is issued. No permit shall be issued for more than two consecutive days.
D. 
Doors to be detached from certain refrigerators and iceboxes. No refrigerator or icebox having a capacity of 1 1/2 cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a private sale or private auction unless the attached lid or door shall first be removed and detached therefrom.
E. 
Exception. Nothing herein contained shall apply to a sale held under a judicial order, judgment or decree or a writ issued out of any court or sale to enforce any lawful lien or power of sale.
F. 
All persons employed for the purpose of conducting private sales or private auctions, whether compensated or not, shall be required to obtain a bond in the sum of $5,000 payable to the Township of Egg Harbor and to the citizens of the State of New Jersey. The bond shall ensure that the principal will faithfully conform to each and all ordinances of the Township of Egg Harbor then in force or thereafter adopted, related to auction sales or the business of auctioneers. The bond shall not be void upon the first recovery and may be used and recovered from time to time until the whole penalty is exhausted. The life of the obligation of such bond shall be made such that it will continue for such length of time as such person remains in the business of conducting auctions as an auctioneer and for 90 days thereafter. The bond shall be renewed each year so that the full $5,000 is available at the start of each year the auctioneer engages in such business. It is further provided that the surety may cancel this bond and be relieved of any further liability thereunder by giving 120 days' notice in writing of its desire to do so to the Township of Egg Harbor.
[Added 3-26-1986 by Ord. No. 14-1986]

§ 67-3 Licensing.

[Amended 2-24-1982 by Ord. No. 10-1982; 7-9-1986 by Ord. No. 28-1986; 4-8-1987 by Ord. No. 19-1987; 9-9-2009 by Ord. No. 34-2009; 7-25-2012 by Ord. No. 35-2012]
A. 
Issuance of permit. The Licensing Officer or designee shall issue a permit authorizing such sale or auction upon submission of the following information:
(1) 
The date of the sale or auction (limited to two consecutive days with option for rain dates).
(2) 
The block, lot and street location of the private sale or auction.
(3) 
The type of merchandise to be sold.
(4) 
The applicant's/owner's name, including owner's proof of ownership.
(5) 
If the applicant is not the owner, the applicant must provide written permission from the owner to conduct the sale or auction.
B. 
Fee. There shall be a fee of $5 for the issuance of such permit.
C. 
Limitation on permits. No person shall be issued more than four permits within a one-year period, nor shall more than four permits be issued for any one location within a one-year period. In the event that the person making the application for the permit is a nonprofit organization or corporation, i.e., fire companies, rescue squads, churches or the Veterans of Foreign Wars, there shall be issued no more than six permits within a one-year period nor more than six permits for any one location within the same one-year period.

§ 67-4 Violations and penalties.

[Amended 12-9-1987 by Ord. No. 60-1987; 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.
[Adopted 7-26-1978 by Ord. No. 18-1978]

§ 67-5 Definitions.

A. 
Use of terms. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used given herein, shall have the meanings indicated in Subsection B. 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.
B. 
Terms defined.
FIRE, FLOOD AND OTHER ALTERED GOODS SALE
A sale held out in such 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 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, alterations, assignee's, bankrupt, benefit of administrators, benefit of creditors, benefit of trustees, building coming down, closing, creditors committee, creditors end, executor's final days, forced out, forced out of business, insolvent's last days, lease expires, liquidation, loss of lease, mortgage sale, receiver's, trustee's, quitting business, rebuilding and remodeling sale.
GOODS
Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
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 Township or will then continue business from other existing locations in the Township.
TOWNSHIP
The Township of Egg Harbor.
TOWNSHIP LICENSING OFFICER
The Licensing Officer of the Licensing Office.
[Amended 7-9-1986 by Ord. No. 28-1986]

§ 67-6 License requirement.

A license issued by the Township Licensing 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:
A. 
Going-out-of-business sale.
B. 
Removal of business sale.
C. 
Fire, flood and other altered-stock sale.

§ 67-7 Application of regulations.

A. 
Supplement to general licensing provisions.[1]
(1) 
The provisions of this article are intended to augment and be in addition to the provisions of the general licensing provisions of this Township.
[Amended 12-9-1987 by Ord. No. 60-1987]
(2) 
Where this article imposes a greater restriction upon persons, premises, businesses or practices than is imposed by the general licensing provisions of this Township as referred to in Subsection A(1), this article shall control.
[1]
Editor's Note: See Ch. 142, Mercantile Licensing.
B. 
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.
C. 
Exception for survivors of business persons. Upon the death of a person doing business in the Township, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.
D. 
Interval between sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year last passed from the date of such application, shall not be granted a license.
E. 
Restricted location. Where a person applying for a license hereunder 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 license sale.
F. 
Persons exempted. The provisions of this article shall not apply to or affect the following persons:
(1) 
Persons acting pursuant to an order or process of a court of competent jurisdiction.
(2) 
Persons acting in accordance with their powers and duties as public officials.
(3) 
Duly licensed auctioneers, selling at auction.
(4) 
Persons conducting a sale of the type regulated herein on the effective date of this article, unless such sale is continued for a period of more than 30 days from and after such effective date, in which event such persons, at the lapse of said thirty-day period, shall comply with the provisions of this article.
(5) 
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 article have not been complied with.

§ 67-8 License application requirements.

A. 
Written information required. A person desiring to conduct a sale regulated by this article should make a written application to the Licensing Officer setting forth and containing the following information:
(1) 
The true name and address of the owner of the goods to be the object of the sale.
(2) 
The true name and address of the person from whom he purchased the goods to be sold and the price therefor and, if not purchased, the manner of such acquisition.
(3) 
A description of the place where such sale is to be held.
(4) 
The nature of the occupancy, whether by lease or sublease and the effective date of the termination of such occupancy.
(5) 
The date of the period of time in which the sale is to be conducted.
(6) 
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.
(7) 
The means to be employed in advertising such sale together with the proposed content of any advertisement.
(8) 
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.
(a) 
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.
(b) 
Goods purchased for sale hereunder. Such inventory shall not include goods ordered in contemplation of conducting as sale regulated hereunder. Any unusual purchase, or additions to the stock of the goods of the business hereby affected within 30 days before the filing of an application hereunder shall be deemed to be of such character.
B. 
License fee. Any applicant for a license hereunder shall submit to the Licensing Officer with his or her application a license fee of $100. Any applicant for a renewal license hereunder shall submit to the Licensing Officer with his or her renewal application a renewal license fee of $100.

§ 67-9 Effect of license.

A license shall be issued hereunder on the following terms:
A. 
Licensing period. This license shall authorize the sale described in the application for a period of not more than 90 consecutive days, Sundays and legal holidays excluded, unless the licensee actually remains open for business on Sundays and legal holidays, and then those days shall be included. This intention to open for business or to remain closed is to be stated in the application, and the length of the licensing period shall be set forth therein. The licensee shall not advertise more than one such sale in 360 days. The three-hundred-sixty-day period shall commence on the first day of such sale. For any person in violation of this act, each day in violation shall constitute an additional separate and distinct violation.
[Amended 5-10-2006 by Ord. No. 22-2006]
B. 
Nature of sale. The license shall authorize only the one type of sale described in the application at the location named therein.
C. 
Saleable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
D. 
Surrender of general license. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the Licensing Officer all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this article.
E. 
Nontransferability. Any license herein provided for shall not be assignable or transferable.

§ 67-10 Duties of licensee.

A licensee hereunder shall:
A. 
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.
B. 
Advertise properly. Refrain from employing any untrue, deceptive or misleading advertising.
C. 
Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising.
D. 
Keep duplicate inventory. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request.
E. 
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 such goods.

§ 67-11 Violations and penalties.

[Amended 12-9-1987 by Ord. No. 60-1987; 4-12-2006 by Ord. No. 20-2006]
A. 
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.
B. 
In default of the payment of any fine imposed hereunder, any person convicted of any violation of this article may, in the discretion of the Township Magistrate by whom he was convicted, be imprisoned in the county jail or place of detention provided by the Township for any term not exceeding 90 days.