[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 6-3-1977 by Ord. No. 77-12C. Amendments noted where applicable.]
Private sales. The term "private sales" shall mean the sale, exchange or display for sale of any used personal property, conducted on or about lands and premises located within the township in areas which are not zoned permitting commercial use. The terms shall also include garage sales and shall include sales whether conducted by negotiation or by auction.
Private sales as hereinabove defined shall be permitted only in accordance with the terms of this chapter.
It shall be unlawful for any person, firm or corporation to conduct any private sale or auction in the Township of Long Beach without first making application to the Clerk of the Township of Long Beach for a license to conduct such sale. Application shall be made at least one week prior to conduct of such sale and the application shall be accompanied by a fee of $10.
[Amended 4-2-2004 by Ord. No. 04-09C]
No license shall be issued to any one person more often than twice in any one calendar year nor shall any license be issued for a sale at any one location more often than twice in any one calendar year. No license shall be issued for more than two consecutive calendar days.
[Amended 4-2-2004 by Ord. No. 04-09C]
The Township of Long Beach shall permit two Town-wide private sales per year as may be fixed by annual resolution of the governing body. The raindates for said sales shall be on the Sunday immediately following each designated Town-wide private sale. Licenses for said Town-wide private sales shall be issued upon completion of the appropriate application accompanied by a fee of $10 for each sale. Participation in the Town-wide private sale(s) shall not be counted in the total permissible private sales per year, per property.
[Added 2-4-2011 by Ord. No. 11-05C; amended 2-1-2013 by Ord. No. 13-01C]
Editor's Note: This ordinance also provided for the redesignation of former Subsection C as Subsection D.
The license shall contain the following information:
[Amended 2-1-2013 by Ord. No. 13-01C]
The name and address of the applicant.
The name and address of the owner of the property at which the sale is to be conducted, if different from the applicant.
The location of the property at which the sale is to be conducted.
The date or dates proposed for the conduct of the sale.
The date and location of any past sales conducted by the applicant.
A description of any other past sales conducted by the applicant.
A certification that the statements contained in the application are true.
All private sales shall be conducted between the hours of 8:00 a.m. and 9:00 p.m.
No signs for advertising or soliciting customers for the sale shall be placed other than on the lands licensed for the conduct of the sale. A single sign, double faced so that the legend is legible from either side, not exceeding two (2) feet by two (2) feet overall dimensions, including trim, shall be permitted. The sign may be placed on the site no more than five (5) days prior to the sale and must be removed by 9:00 p.m. on the last day of the sale.
No food stuffs, no perishable items, no personal property other than the property of the applicant, not purchased for the expressed purpose of sale, shall be offered for sale. In addition, no goods nor merchandise or personal property of any sort, kind or description requiring treatment by any Laws of the State of New Jersey or the United States shall be offered for sale without first supplying such treatment.
The provisions of this chapter shall not apply to:
Sales pursuant to judicial process.
Sales conducted by public officials performing public business.
Any person selling or advertising for sale an item or items of personal property which are specifically named and described in the advertisement offering them for sale and which separate items do not exceed five (5) in number.
Any sale by any merchant in any area of the Township of Long Beach zoned for business or retail sales.
Any sale made by any licensed veteran licensed under the New Jersey Veterans Vending Laws.
Any sale made by any vendor licensed under Long Beach Township Vending Laws.
Any sale made by a charitable religious, civic or eleemosynary organization.
This chapter shall be enforced by the Code Enforcement Officer of the Township of Long Beach as well as by the Long Beach Township Police Department. Where any sale is taking place without being properly licensed, the Building Inspector of the Township of Long Beach or the members of the Township of Long Beach Police Department shall immediately order the sale to cease and desist and in the event of a failure to cease and desist, all persons continuing to operate the sale or participate therein, shall be deemed guilty of a violation of this chapter.