[Adopted 11-3-1975 (Ch. 215, Art. I, of the 1987 Code)]
Where not inconsistent with the contents, 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.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Township Clerk of the Township of Bloomfield in the County of Essex.
- 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.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PUBLISH, PUBLISHING, ADVERTISEMENT and ADVERTISING
- Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by 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.[Amended 12-1-1975]
- 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.
- Includes, 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 such sale is anticipatory to the termination, closing, liquidation, revision, windup, 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 closeout 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.
- The Township of Bloomfield in the County of Essex.
- TOWNSHIP COUNCIL
- The Township Council of the Township of Bloomfield in the County of Essex.
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind herein defined without first obtaining a license therefor in compliance with the provisions of this article.
A person desiring to conduct a sale regulated by this article shall make a written application to the Township Clerk setting forth and containing the following information:
The true names and addresses of the owners of the goods to be the object of the sale.
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.
A complete and detailed inventory of the goods to be sold at said sale as disclosed by the applicant's records. Said inventory shall be attached to and become part of the application.
[Amended 10-1-1991; 12-1-2003 by Ord. No. 03-47; 11-21-2011 by Ord. No. 11-47]
Effective January 1, 2012, any applicant for a license hereunder shall submit to the Township Clerk with his application a license fee of $200. Any applicant for a renewal license hereunder shall submit to the Township Clerk with his renewal application a renewal fee of $200.
The license shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof. Such license may be renewed in the discretion of the Township Council for an additional period of time not exceeding 30 days upon application being made for such renewal, which application must be accompanied by 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.
Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the Township Clerk 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.
Any license provided for herein shall not be assignable or transferable.
A licensee hereunder shall:
Make no additions whatsoever during the period of the license sale to the stock of goods set forth in the inventory attached to the application for license.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the license sale in strict conformity with any advertising or holding out incident thereto.
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.
Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall 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.
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.
Keep suitable books and records at the place of sale and make them available for inspection by the Township Council or its authorized representative.
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on the inventory required by § 443-3 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 such sale or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.
A license or renewal thereof issued pursuant to this article may be revoked by the Township Council, after notice and hearing, for any of the following reasons:
Any fraud, misrepresentation or false statement contained in the application.
Any fraud, misrepresentation or false statement made as to the inventory, stock sold or stock on hand.
Any violation of this article.
Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a eminence to the health, safety or general welfare to the public.
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.
A license may be suspended for not more than five days by the Township Council upon probable cause being shown that the license should be revoked.
The Township Council shall hold such hearings and make such investigation as may be necessary to carry out the provisions and intent of this article.
The provisions of this article are intended to augment and be in addition to the provisions of other applicable licensing ordinances of the Township. Where this article imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing ordinance of the Township of Bloomfield, then this article shall control.
Editor's Note: Former Section 17, which immediately followed this section, was deleted 12-1-1975.
Upon the death of a person doing business in this Township, his or her heirs, devisees or legatees or executors or administrator shall have the right to apply at any time for a license hereunder.
Any person who has held a sale, as regulated hereunder, at the location stated in the application within one-year last past from the date of such application shall not be granted a license.
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 licensed sale.
The provisions of this article shall not apply to nor affect the following persons:
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.
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 person, at the lapse of said thirty-day period, shall comply with the provisions of this article.
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.
No license authorized under this article shall be issued unless personal property taxes are paid to the date of the application for said license.
Any person who violates any of the provisions of this article shall, upon conviction thereof, be punished as provided in § 1-15, General penalty, of the Code, at the discretion of the Municipal Judge. Each day that a violation shall continue shall constitute a separate offense.