[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville 4-9-1991 by Ord.
No. 1750. Amendments noted where applicable.]
A. 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. For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein.
CLOSING-OUT SALE
Includes, but is not limited to, all sales advertised, represented
or held forth under the designation of "quitting business," "selling
out," "liquidation," "lost our lease," "must vacate," "forced out,"
"removal," "branch store discontinuance," "building coming down,"
"end," "final days," "last days," "lease expires," "we give up," "we
quit," "warehouse closing," "warehouse removal," "reorganization"
and any other advertising or designation by any other expression or
characterization similar to any of the foregoing, and giving notice
to the public that the sale will precede the abandonment of a business
location.
DEFUNCT-BUSINESS SALE
Includes, but is not limited to, all sales advertised, represented
or held forth under the designation of "adjuster's sale," "administrator's
sale," "assignee's sale," "bankrupt sale," "bankrupt stock sale,"
"benefit of administrator's sale," "benefit of creditor's sale," "benefit
of trustees's sale," "creditor's committee sale," "creditor's sale,"
"executor's sale," "insolvent sale," "mortgage sale," "receiver's
sale," "trustee's sale" and any other advertising or designation by
any other expression or characterization similar to any of the foregoing,
and conveying the same meaning or giving notice to the public of a
sale resulting from death, business failure or other adversity.
PERSON
Any individual, partnership, association, firm or corporation.
SALE OF GOODS DAMAGED BY FIRE, SMOKE OR WATER
Includes, but is not limited to, all sales advertised, represented
or held forth under the designation of "fire sale," "smoke-damage
sale," "water-damage sale," "flood-damage sale," "insurance sale"
and any other advertising or designation by any other expression or
characterization similar to any of the forgoing, and giving notice
to the public that the goods, wares or merchandise offered for sale
have been damaged.
UNUSUAL PURCHASE OR ADDITION
Any purchase of goods, wares or merchandise during the 90
days preceding the application for a license, the total value of which
is at least 25% greater than purchases made by the applicant for a
like ninety-day period during any one of three years next immediately
preceding the year in which the application is made or his peak purchases
for any ninety-day period if he has been in business for less than
three years.
It shall be unlawful for any person in the Municipality of Monroeville
to advertise or hold out by any means that the sale of any goods,
wares or merchandise is a closing-out sale, a sale of goods damaged
by fire, smoke or water or a defunct-business sale unless a license
is first obtained to conduct such a sale from the Manager of the Municipality.
A. Any person desiring to conduct a sale regulated by this chapter shall
make a written application under oath to the Manager of the Municipality.
B. If the application is for a closing-out sale or a defunct-business
sale, it shall be filed at least 15 days prior to the date on which
such sale is to commence.
C. If the application is for a sale of goods damaged by fire, smoke
or water, it may be made at any time prior to the date on which such
sale is to commence.
D. All applications for a licensed sale regulated by this chapter shall
set forth and contain the following information:
(1) The name and address of the applicant, who must be the true owner
of the goods, wares or merchandise to be sold, and if the applicant
is a partnership, the names and addresses of all partners, or if the
applicant is a corporation or association, the date and place of incorporation
or organization, the address of the principal office within the commonwealth
and the names and addresses of all the officers of the applicant.
(2) The name and address of the person or persons who will be in charge
and responsible for the conduct of such sale.
(3) The exact address of the place at which the proposed sale is to be
conducted and the length of time the applicant has been engaged in
business at such location.
(4) The date on which it is proposed to begin the sale.
(5) The nature of the occupancy where such sale is to be held, whether
by lease or otherwise, and the effective date of termination of such
occupancy.
(6) The reason for the urgent and expeditious disposal of the goods,
wares or merchandise to be offered at such sale.
(7) A statement of the descriptive name of the sale and the reasons why
the name is truthfully descriptive of the sale.
(8) A statement that the business is to be terminated permanently or
reopened at another location; the location of the premises to which
the business is to be moved if the applicant intends to resume the
operation of the business upon the termination of the sale; and the
name or designation under which such business is to be resumed.
(9) A full, complete, detailed and itemized inventory of the goods, wares
and merchandise to be offered at such sale as disclosed by the applicant's
records, which inventory shall:
(a)
Itemize the goods to be offered for sale and contain sufficient
information concerning each item, including quantity, make, brand
name, model and manufacturer's number, if any, to clearly identify
it.
(b)
List separately any goods to be offered for sale which were
purchased and received during a ninety-day period immediately prior
to the date of making application for the license.
(c)
Provide the total retail value of the inventory of goods, wares
and merchandise to be offered at such sale based on the inventory
used for applicant's most recent federal income tax return adjusted
for sales and purchases.
(10)
If the application is for a license to conduct a sale of goods
damaged by fire, smoke or water and the applicant was not the owner
at the time when the goods, wares and merchandise to be offered at
the contemplated sale were damaged, he shall attach to said application
certified copies of the bill of sale and all other documents connected
with such transfer obtained by him from the previous owner of such
goods, wares and merchandise.
(11)
If the application is for a license to conduct a defunct-business
sale and the applicant was not the owner of the goods, wares and merchandise
to be offered at the contemplated sale at the time of occurrence of
the circumstances warranting the termination of such business, he
shall attach to the application certified copies of the bill of sale
and the official appraisal made by the trustee, receiver, assignee
for the benefit of creditor, referee in bankruptcy or the personal
representative of a decedent.
(12)
A statement that no goods will be added to the inventory after
the application is made.
(13)
A statement that all goods included in such inventory have been
purchased by the applicant for resale on bona fide orders without
cancellation privileges and that said inventory comprises no goods
purchased on consignment.
(14)
A statement that no merchandise listed in the inventory has
been the subject of a licensed sale conducted within one year prior
to the date of the application, unless such merchandise was damaged
by fire, smoke or water while in the possession of the applicant.
A. The provisions of this chapter shall not apply to nor affect the
following persons:
(1) Persons acting pursuant to an order or process of a court of competent
jurisdiction.
(2) Persons who are required to file an accounting with a court of competent
jurisdiction.
(3) Persons acting in accordance with their powers and duties as public
officers, such as sheriffs, constables and marshals.
(4) Any publisher or employee of a newspaper or magazine or any operator
or employee of a radio or television broadcasting station who publishes
or broadcasts any such advertisement in good faith without knowledge
of its false, deceptive and misleading character or without knowledge
that the provisions of this chapter are not being complied with.
B. Nor shall the provisions of this chapter apply to any sale advertised
as an "alteration sale," "remodeling sale," "clearance sale," "surplus
stock liquidation sale" or "special purchase sale."
No license shall be issued unless there is filed with the Manager
of the Municipality a bond payable to the Municipality of Monroeville
conditioned upon the faithful observance of all the provisions of
this chapter and the indemnifying of any purchaser at such sale who
suffers any loss by reason of misrepresentation made in connection
with such sale and for the payment to the Municipality or the commonwealth
of all taxes due and owing or which may become due and authorizing
actions thereunder by the Municipality and by any purchaser at such
sale for damage or loss suffered by reason of any misrepresentation
made in connection with such sale; provided, however, that the aggregate
liability of the surety for all breaches of the conditions of the
bond shall in no event exceed the amount of said bond. The amount
of said bond shall be determined as follows: 5% of the first $100,000
of the retail value of all the goods, wares and merchandise to be
offered at such sale; 2% of the next $400,000; and 1% of the balance.
Said bond shall be approved as to form and sufficiency by the Municipal
Solicitor and by the Municipal Manager.
If the applicant for a license hereunder owns, conducts or operates
more than one store or a warehouse in connection with such store or
stores, the license issued will apply only to the one store or warehouse
for which it was issued, and no other store, branch or warehouse may
advertise or represent in any way that it is cooperating with or participating
in any way in the licensed sale, nor shall the licensed store or any
person advertise or represent that any other store or warehouse is
cooperating with or participating in the licensed sale. The licensed
sale conducted by any store of a chain or group of stores shall be
conducted solely at the location of the store for which the license
was obtained, and no goods, wares or merchandise shall be brought
from any other store and placed on sale at the store licensed to conduct
a sale hereunder.
A. Any substitution for or addition to goods described in an inventory
filed pursuant to this chapter or any change in the time or place
for a sale conducted pursuant to this chapter shall be unlawful and
shall void any license issued to conduct a sale pursuant to this chapter,
and such license shall be revoked.
B. In the case of a sale licensed under this chapter conducted by the
applicant in addition to conducting a business of selling other goods,
wares or merchandise not included in the inventory accompanying the
application, the goods to be sold at such sale shall be clearly and
distinctly segregated, marked or identified and advertised, if at
all, so that both on display and in advertising such goods may be
readily distinguished from other stocks and their identity readily
ascertained. Any commingling of such goods with other stocks of the
licensee in such a manner as to cause the goods to lose their separate
identity, either on display or in advertising, shall be unlawful and
shall void any license issued to conduct such a sale pursuant to this
chapter, and such license shall be revoked.
A. Upon receipt of the application, the Manager of the Municipality
may, in his/her discretion, make or cause to be made an examination
or order an investigation of the applicant and all the facts contained
in the application and inventory in relation to the proposed sale.
A license shall be denied or refused if any one or more of the following
facts or circumstances are found to exist:
(1) That the applicant has not been the owner of the business advertised
or described in the application for a license hereunder for a period
of at least three months prior to the date of the application or,
if the applicant is a partnership, corporation or association, controlling
interest in the corporation or association was transferred within
six months prior to the date of the application for a license hereunder,
except:
(a)
Where the application is for a license for a sale of goods damaged
by fire, smoke or water or a defunct-business sale and the inventory
listed in the application contains only those goods, wares or merchandise
which were on the premises at the time of the occurrence of the circumstances
warranting the granting of a license hereunder.
(b)
That upon the death of a person doing business in this commonwealth,
his or her heirs, distributees, devisees, legatees or their successors
and assignees shall have the right to apply at any time for a license
hereunder.
(c)
Where a business is required or compelled to be discontinued
because the premises whereupon it is being conducted has been condemned
or taken for purposes of urban renewal or development or because the
premises must be vacated because of legal or judicial proceedings.
(2) That in the case of a closing-out sale, the applicant, either as
owner, partner, member of an association or principal stockholder
of a corporation, was granted a prior license hereunder within one
year preceding the date of the filing of the application.
(3) That the inventory contains goods, wares or merchandise not purchased
by the applicant for resale on bona fide orders without cancellation
privileges.
(4) That the inventory contains goods, wares or merchandise purchased
by the applicant on consignment, except if the consigned goods, wares
or merchandise have been damaged while in the consignee's possession.
(5) That the applicant, except in the case of an application for a license
to conduct a sale of goods damaged by fire, smoke or water or a defunct-business
sale, either as owner, partner, officer of an association or principal
stockholder of a corporation, was granted a prior license hereunder
within one year preceding the date of the filing of the application
at the particular location for which the license is sought or within
one year prior to the date of filing of the application has conducted
a sale in connection with which he advertised or represented that
the entire business conducted at the particular location for which
the license is sought was to be closed out or terminated.
(6) That the applicant has within one year prior to the filing of the
application been convicted of a violation of this chapter.
(7) That the goods, wares or merchandise as described in the inventory
were transferred or assigned to the applicant prior to the date of
the filing of the application and that said transfer or assignment
was not made for a valuable and adequate consideration.
(8) That the inventory contains goods, wares or merchandise purchased
by the applicant or added to his stock in contemplation of such sale
and for the purpose of selling the same at such sale. For this purpose
any unusual purchase or addition to the stock of such goods, wares
and merchandise made within 90 days prior to the date of the filing
of such application shall be presumptive evidence that such purchase
or additions were made in contemplation of such sale and for the purpose
of selling the same at such sale.
(9) That any representation made in the application is false.
B. Revocation. Upon written and signed complaint being filed with the
Manager of the Municipality by a resident of the Municipality or a
resident of any adjoining municipality or township or upon the initiative
of such individual or Manager after making an investigation, the Manager
shall revoke any license granted under the provisions of this chapter
if he/she shall determine that:
(1) Any sale by the applicant is conducted in violation of any provision
of this chapter.
(2) The applicant has made any material misstatement in his application
for said license.
(3) The applicant has failed to include in the inventory required by
the provisions of this chapter the goods, wares or merchandise required
to be contained in such inventory.
(4) The applicant has added or permitted to be added to said sale or
offered or permitted to be offered at said sale any goods, wares or
merchandise not described in the original application and inventory.
(5) The applicant made or permitted to be made any false, misleading
or deceptive statements in advertising said sale, whether written
or oral, or in displaying, ticketing or pricing goods, wares or merchandise
offered for sale.
Any applicant for a license who is aggrieved by the denial,
refusal or revocation of a license may appeal within five days from
the date of denial, refusal or revocation to the Court of Common Pleas
of the county in which the license is sought. The appeal shall be
upon petition of the applicant for an injunction prohibiting the denial,
refusal or revocation of a license. A copy of such appeal shall be
served upon the Manager of the Municipality who has refused, denied
or revoked the license. The Court shall hear the application for an
injunction expeditiously at a time as it shall fix, of which notice
shall be given to the Manager of the Municipality from whose refusal,
denial or revocation of a license the appeal has been taken. The Court
shall either sustain the denial, revocation or refusal of the license
or order the issuance of the license to the applicant.
A copy of the application for license to conduct a sale under
this chapter, including the inventory filed therewith, shall be posted
in a conspicuous place in the salesroom or place where the inventoried
goods are to be sold, so that the public may be informed of the facts
relating to the goods before purchasing same. Any advertisement or
announcement published in connection with the sale shall conspicuously
show on its face the number of the license, the date of its expiration
and, if applicable, the location where the business is to be resumed.
[Amended 7-8-1997 by Ord.
No. 2042]
A license to conduct a sale issued pursuant to this chapter shall be good for no more than a period of 30 consecutive calendar dates and may be renewed for one consecutive period not exceeding 30 consecutive calendar days upon the affidavit of the applicant that the goods listed in the inventory have not been disposed of and that no new goods have been or will be added to the inventory previously filed pursuant to this chapter by purchase or acquisition, on consignment or otherwise. The application for renewal shall be made not more than 10 days prior to the time of the expiration of the license and shall contain a new inventory of the goods remaining on hand at the time the application for renewal is made, which new inventory shall be prepared and furnished in the same manner and form as the original inventory. The Manager of the Municipality where such sale is to be conducted shall receive from the applicant for such license upon the granting thereof a fee as provided in Chapter
194, Fees, and upon the renewal thereof a fee as provided in Chapter
194, Fees. The applicant shall not be entitled to a refund of the fee paid if said application is refused, denied or revoked.
The opening of a business similar to the one for which the sale
licensed pursuant to this chapter was conducted, except the licensed
sale of goods damaged by fire, smoke or water, by the person, partnership,
association, corporation, partner of a partnership, officer of an
association or principal stockholder of a corporation who or which
conducted the sale upon the same premises within one year of the termination
of the sale shall constitute a violation of this chapter. Every day
in which business is conducted within the prohibited period of one
year shall constitute a separate violation of this chapter.
A. Suitable books and records concerning said sale shall be kept by
the licensee for the duration of the licensed sale and one year thereafter
and shall be open for inspection by the Manager of Monroeville's duly
authorized representative.
B. Upon the termination of a sale licensed hereunder, the applicant
shall, within 30 days of such termination, file a statement with the
Manager of the Municipality in which the sale was held stating:
(1) The total retail value of the goods, wares or merchandise not disposed
of during the sale; and
(2) The ultimate disposition thereof and, if transferred to another,
the name and address of the transferee.
Upon complaint of any person, the Common Pleas Court of the
county wherein a violation of this chapter occurred shall have jurisdiction
in equity to restrain and enjoin any act forbidden or declared illegal
by any provision of this chapter.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person violating any provision of this chapter shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $1,000, plus costs of prosecution, and, in default
of payment of such fine and costs, to imprisonment for a term of not
exceeding 30 days. Each day any sale is conducted in violation of
this section shall be a separate violation of this chapter. The right
to appeal from such conviction shall exist as in other cases of summary
proceedings.