[HISTORY: Adopted by the Mayor and Council of the City of Woodbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-1976 by Ord. No. 1294-76 as Ch. 128, Art. I, of the 1976 Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- The City of Woodbury.
- CITY LICENSE OFFICER
- The City Clerk/Administrator of the City of Woodbury.
- 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 on hand which have been damaged or altered by fire, smoke, water or other means.
- GOING-OUT-OF-BUSINESS SALE
- A sale held out in such a 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, alteration,
assignee's auction, bankrupt of administrator's, benefit of creditors,
benefit of trustees, building coming down, closing, creditor's committee,
creditor's, end, executor's, final days, forced out, forced out of
business, insolvents, last days, lease expires, liquidation, loss
of lease, mortgage sale, receivers, trustees and quitting business.[Amended 10-19-1976 by Ord. No. 1294-76]
- Any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- Any person, firm, partnership, association, corporation, company, organization or entity 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 or will then continue business from other existing locations.
The provisions of this article shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction, persons acting in accordance with their powers and duties as public officials, duly licensed auctioneers selling at auction, nor any publisher of a newspaper, magazine or other publication who in good faith publishes any advertisement without actual knowledge of its false, deceptive or misleading character or without actual knowledge that the provisions of this article have not been complied with.
A license issued by the City Clerk/Administrator, bearing a license number and the date on which the license was issued, 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, as herein defined: going-out-of-business sale, removal-of-business sale or fire and other altered goods sale.
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 six months prior to the date of the proposed sale shall not be granted a license, provided that upon the death of a person doing business in the City, his or her heirs, devisees, legatees or representatives shall have the right to apply at any time for a license hereunder.
Interval between sales. Any person who has held a sale as regulated hereunder at the location stated in the application within one year past from the date of such application shall not be granted a license; provided, however, that the City Council may, for good cause shown, waive the provisions of this subsection by resolution duly adopted by a 2/3 vote of the Council.
Restrictive location. Where a person applying for a license hereunder operates more than one place of business, the license 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.
A person desiring to conduct a sale regulated by this article shall make a written application for a license to the City Clerk/Administrator, setting forth and containing the following information:
The true name and address of the owner of the goods to be sold.
The true name and address of the person from whom the goods to be sold were purchased, or if not purchased, the manner in which the goods to be sold were acquired.
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The dates of the period of time in which the sale is to be conducted.
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.
The means to be employed in advertising such sale, together with the proposed content of any advertising.
An estimated inventory of the goods to be sold at such sale as disclosed by the applicant's records. Such inventory should be attached to and become a part of the application required under this article. Any unusual purchase or additions to the stock of goods of the applicant made before filing an application hereunder shall be deemed to be a violation of the provisions of this article and shall render the application null and void. The City reserves the right hereunder, whenever it has reason or cause to believe that a sale is not a bona fide going-out-of-business sale, removal-of-business sale or fire and other altered goods sale, to demand a detailed inventory of all stock, goods and merchandise on hand.
The fee for a license required by § 153-3 is hereby fixed as follows and shall be paid to the City Clerk/Administrator:
The license referred to herein shall be on display at all times at the place designated in the application for such license.
Any license herein provided for shall not be assignable or transferable.
A licensee hereunder shall:
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.
Advertise properly. Refrain from employing any untrue, deceptive or misleading advertising, and in any advertisement by handbills, circulars, placards, signs, notices, newspapers or publication or other advertising, include therein the number and date of the license issued by the City Clerk/Administrator.
Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
Keep duplicate inventory. Keep available at the place of sale a duplicate of the inventory submitted with the application and present the same to inspecting officials upon request.
Segregate noninventoried goods. Keep any other goods separate and apart from the goods for sale and make such distinction clear to the public.
Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the City Clerk/Administrator all other business licenses he or she may hold at that time applicable to the location and goods covered by the application for a license under this article.
[Amended 11-28-2005 by Ord. No. 2015-05]
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be penalized by one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days in the discretion of the Judge having proper jurisdiction. Each day any such violation is committed or permitted to continue shall constitute a separate offense, punishable as such hereunder.
[Adopted 11-13-1978 by Ord. No. 1335-78]
As used in this article, the following terms shall have the meanings indicated:
- Any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder and which is owned by the licensee or consigned to him.
- The owner or lessee of the premises.
- Includes individuals, partnerships, voluntary associations and corporations.
- YARD SALE
- All sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or "flea market sale" or any similar casual sale of tangible personal property not conducted as a part of a continuous business venture which is advertised by any means whereby the public at large is or can be made aware of the sale.
It shall be unlawful for any person to conduct a yard sale in the City of Woodbury without first filing with the City Clerk/Administrator the information hereinafter specified and obtaining from such Clerk/Administrator a permit to do so, to be known as a "yard sale permit." The fee for such a permit shall be $5. Such permit shall be valid for 30 days from the date of issuance.
A permit to conduct a yard sale shall be issued to any one person and one property no more than three times within a twelve-month period, and no such permit shall be issued for more than two consecutive calendar days.
[Amended 5-10-2010 by Ord. No. 2116-10]
Each permit issued under this article must be prominently displayed on the premises and visible from the street adjacent to the premises upon which the yard sale is conducted throughout the entire period of the permitted sale.
The information to be filed with the City Clerk/Administrator, pursuant to this article, shall be as follows:
Name of the person, firm, group, corporation, association or organization conducting said sale.
Name of the owner or lessee of the property on which said sale is to be conducted.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him or her to be so.
In the event of inclement weather, all persons issued a permit for a particular date or dates pursuant to this article shall be permitted to utilize their permit on an alternate date. Such alternate date must be supplied to the City Clerk/Administrator at least five days prior thereto and must be within 30 days of the issuance of the permit.
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such persons shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Department of the City of Woodbury in order to maintain the public health, safety and welfare. All premises shall at all times be subject to such reasonable rules as may be made from time to time by the City Council and shall be subject to inspection at all times by the Construction Code Official, Chief of Police and Fire Chief or any of their agents or any other duly authorized representative of the City of Woodbury.
All yard sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. only and from 1:00 p.m. to 5:00 p.m. on Sunday.
No signs for advertising or directing customers are to be posted in any place other than the premises of the applicant. The sign is not to exceed two feet by two feet in size, cannot be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any yard sale authorized under this article without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18, with respect to the labeling, sterilizing and disinfecting of said mattresses, bedsprings, cots, lounges and sofas.
The provisions of this article shall not apply to or affect the following persons or sales:
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter 202, Zoning, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited in the Code of the City of Woodbury.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
Any bona fide charitable, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this section shall be on the organization or institution claiming such exemption.
This article shall be enforced by the Chief of Police. It shall be the duty of the Chief of Police to investigate any violations of this article coming to his or her attention, whether by complaint or arising from his or her own personal knowledge, and if a violation is found to exist, he or she shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this article. It shall be the duty of the Police Department of the City of Woodbury to investigate any violations of this article of which the Police Department becomes aware during the course of its normal duties.
[Amended 11-28-2005 by Ord. No. 2015-05]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this article shall, upon conviction, be penalized by one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.