[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneering — See Ch. 170.
Peddling and soliciting — See Ch. 391.
Signs — See Ch. 427.
[1]
Editor's Note: This ordinance repealed former Ch. 413, Sales,
Special, adopted 11-27-1973 by Ord. No. 1378 as Ch. 116 of the 1973
Code, as amended.
No person shall advertise, represent or hold out that any sale
of goods, wares and merchandise is an insurance salvage, bankruptcy,
bankrupt stock, mortgage, insolvent, assignee's, executor's,
administrator's, receiver's, expiration of lease, closing
out sales, selling out, or a quitting business at any particular location
sale, or a sale of goods, wares and merchandise damaged by fire, smoke,
water or otherwise, or a sale of the goods, wares and merchandise
of a former owner thereof, whether in the seller's own name or
that of the former owner, at any location other than the seller's
bona fide retail establishment where he or she has been in business
for a period of at least one year prior thereto in the Township, and
it shall be unlawful for any person, in any of the advertising in
connection with any sale except at a sale conducted at the seller's
bona fide retail establishment where he or she has been in business
for a period of at least one year, to use the words "bankrupt," "bankrupt
stock," "United States District Court," "assignee," "receiver" or
"trustee" without first filing with the Township Clerk the inventory
hereinafter provided for and obtaining from the Township a license
so to do, to be known as a "closing out sale license"; provided, however,
that nothing in this chapter shall be deemed to apply to:
A.
Sheriffs, constables and other public or court officers.
B.
Any other person acting under the direction of any court of record,
selling goods, wares and merchandise in the course of his or her official
duties.
D.
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 chapter have not been complied with.
A.
The fee for the license required by the preceding section shall be
and the same is hereby fixed as follows and shall be paid to the Township
Clerk:
B.
Only one such license shall be issued to any one such person within
a twelve-month period, and no such license shall be issued for more
than 90 days.
A.
The inventory required by § 413-1 of this chapter shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the cost price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized. And by affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full and true, and known by him or such agent to be so.
B.
It shall be unlawful to sell, offer or expose for sale at any such
sale, or to list on such inventory, any goods, wares or merchandise
which is not the regular stock of the store or other place, the business
of which is to be closed out by such sale, or to make any replenishments
or additions to such stock for the purposes of such sale, or during
the time thereof, or to fail, neglect or refuse to keep accurate records
of the articles or things sold, from which records the Township may
ascertain the kind and quantity or number sold.
The Township may, in its discretion, verify the details of an
inventory filed for the purpose of obtaining a closing out sale license,
or it may make a check and verify the items of merchandise sold during
the sale, and it shall be unlawful for any person to whom a closing
out sale license has been issued to fail or refuse to give the Township,
or any person designated by it for that purpose, all the facts connected
with the stock on hand or the proper information of goods sold, or
any other information that it may require in order to make a thorough
investigation of all phases connected with the sale.
The license to be issued under the provisions of this chapter
shall not authorize any person, except the designated licensee, to
engage in business under each license. Such license shall not be transferable
from the person to whom issued to any other person excepting upon
the transferee complying with all the provisions of this chapter in
relation to original application and license, and shall then only
be transferable in case the original license fee has been paid. Approval
of the transfer may be given by the Township upon payment of a transfer
fee to the Township in the sum of 10% of the fee for the original
license.
The license referred to herein shall be on display at all times
at the place designated in the application for such license.
A license may be revoked by the Township for the violation of
the terms of the license or falsification in applying for the license,
or when, in the opinion of the Township, the business so licensed
is conducted in a manner contrary to law or to public morals or to
the public health or to the safety of the life or limb of the public.
Before a license is revoked, the licensee shall be accorded a hearing
before the Township Council upon at least two days' notice, in
writing. The decision of the Township Council shall be final as to
revocation.
A license may be suspended for not more than two weeks 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
investigations as it may deem necessary in carrying out the provisions
of this chapter in relation to suspension or revocation of licenses.
No person shall:
A.
Prior to the acquisition of license, conduct said sale, advertise
said sale or propose sale by any means whatsoever.
B.
Permit any advertisement of said sale to continue after the licensed
period of said sale has run.
C.
Bring or permit to be brought to the licensed premises or place where
sale is being conducted any goods, wares or merchandise not included
in said inventory, during the licensed period of said sale.
D.
Falsely advertise said sale or any phase of it, or any of the goods,
wares or merchandise sold or offered or listed for sale.
E.
Conduct or continue said sale after the licensed period has run.
F.
Fail to submit with application for license a complete schedule of
the advertisement medium or mediums to be used in sale. No advertisement
of such sale shall be painted or erected on or in any premises other
than where the sale is licensed to be held.
G.
Fail to notify in writing the Township Clerk when the sale is concluded.
When the sale is concluded, all advertising of the sale shall be immediately
discontinued.
H.
Make application for such sale until all taxes levied by the municipality
against the personal property to be sold have been paid.
I.
Make application for sale at any premises which is or may become
during proposed sales period unsafe for such purpose.
Any person convicted of violating any of the terms or provisions
of this chapter shall be subjected to a penalty of not more than 90
days' imprisonment in the common jail of the County of Ocean
or a fine of not more than $2,000, or both, at the discretion of the
Municipal Judge before whom such conviction is had.
