[HISTORY: Adopted by the City Council of
the City of Vineland 11-12-1963 by Ord. No. 457 (Ch.
386 of the 1990 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following
terms and words shall have and shall be construed to have the following
meanings:
The City of Vineland.
The Director of Public Safety of the City of Vineland.
The Director of the Department of Licenses and Inspections
of the City of Vineland.
[Amended 1-11-1977 by Ord. No. 1065]
The governing body of the City of Vineland.
Includes the singular and plural and shall mean and include
any person, firm, partnership or corporation.
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by word of mouth,
newspaper, advertisement, magazine, handbill, written or printed notice,
printed display, billboard, display poster, radio announcement and
any and all other means, oral or written.
The sale of or the offer to sell to the public, goods, wares
and merchandise of any and all kinds and descriptions, 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 fire sale, smoke sale, adjustment
sale, creditor's sale, alteration sale, executor'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,
removal sale, creditor's committee sale, forced-out-of-business 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 to exist and be discontinued.
Goods, wares and merchandise of all kinds and description
presently on hand.
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 chapter.
[Amended 1-11-1977 by Ord. No. 1065]
A.
Applicants for a license shall, under this chapter,
whether a person, firm or corporation, file a written application
with the Director of the Department of Licenses and Inspections, signed
by the applicant if an individual, by all partners if a partnership,
and by the president if a corporation, showing:
(1)
The name of the person having management or supervision
of the applicant's business during the time that it is proposed that
the sale will be conducted; the local address of such person while
engaged in the sale; the permanent address of such person; the capacity
in which such person will act (that is, whether as proprietor, agent
or otherwise); the name and address of the person for whose account
the sale will be carried on, if any; and, if a corporation, its full
corporate name under the laws of which state it is incorporated and
the name and address of its agent upon whom service of legal process
may be had.
(2)
A description of the place where such sale is to be
held.
(3)
The nature of the occupancy, whether by lease or by
sublease, the commencement date and the effective date of termination
of such occupancy.
(4)
A list of the merchandise on order.
(5)
The means to be employed in publishing such sale,
and all advertising shall set forth the license number, and all merchandise
shall bear the City stamp. Also, the same shall be posted in the store
continually during the sale.
(6)
An itemized inventory and list of the stock to be
offered for sale, together with a statement of the quality and cost
or price thereof, of any merchandise over $1 retail which cannot be
stamped, said stamping process as set forth herein.
(7)
Any additional information which may be required or
requested by the Director of the Department of Licenses and Inspections
or the Director of Public Safety in connection with the application.
B.
All prior personal property tax due and owing shall
be paid.
C.
The content of the application shall be verified under
oath by the applicant.
[Amended 8-25-1964 by Ord. No. 487; 1-11-1977 by Ord. No. 1065]
A.
The Director of the Department of Licenses and Inspections
shall, upon written approval of the Director of Public Safety endorsed
upon such application, issue a license for a period not exceeding
30 business days (the term "business days" meaning the days on which
the licensee has been accustomed to doing business during the period
of six months preceding the issuance of the particular license), which
license shall not be transferable.
B.
In addition thereto, the Director of the Department
of Licenses and Inspections is directed to produce rubber stamps,
not to exceed 10 in number, to be loaned to the applicant prior to
the date of the sale and to be returned to the Director of the Department
of Licenses and Inspections before the sale date. The applicant shall
apply the stamp on all goods and merchandise with sale value over
$1 retail, in and upon said merchandise and goods and not on any ticket,
tag and the like which is attached to the goods or merchandise.
C.
On any goods or merchandise which cannot be stamped,
the applicant shall so comply with other provisions set forth in this
chapter.
D.
The size, type and inscription of said stamp shall
be at the discretion of the Director of the Department of Licenses
and Inspections, and it shall be unlawful for anyone to duplicate
said stamp.
A.
Upon satisfactory proof by the licensee that the stock,
stamped as set forth herein, in the original application has not been
disposed of, said license may be renewed for an additional ten-day
period.
B.
The application for renewal shall be made on a form
furnished by the Director of the Department of Licenses and Inspections
and shall contain an itemized list of stock remaining on hand to be
offered for sale. This subsection shall pertain to jewelry and other
merchandise which cannot be stamped.
[Amended 1-11-1977 by Ord. No. 1065]
C.
The content of the application for renewal shall be
verified under oath by the applicant.
D.
The Director of Public Safety shall cause the application
for renewal to be examined and investigated, and, upon being satisfied
as to the truth of the statements therein contained, he may authorize
the issuance of a renewal license for a period not exceeding 10 days;
provided, however, that no further renewal may be granted for any
such sale for the same location within one year from the issuance
of the original license.
A.
The Director of Public Safety may make such rules
and regulations for the conduct and advertisement of such sales as
may be necessary to prevent deception and to protect the public interest
and welfare.
B.
The Director of Public Safety may, in his discretion,
verify the details contained in an application for a license or for
a renewal thereof or cause a check and verification to be made of
the items of stock sold during the sale, and it shall be unlawful
for any person to whom a license has been issued to fail or refuse
to furnish the Director of Public Safety or his designated representative
with information concerning goods sold, goods on hand or any other
information that may be required in order to make a complete investigation
of all applications for licenses and renewals thereof.
A.
A license or renewal thereof issued pursuant to this
chapter may be revoked by the Director, after notice and hearing,
for any of the following reasons:
(1)
Any fraud, misrepresentation or false statement contained
in the application.
(2)
Any fraud, misrepresentation or false statement as
to the inventory, stock sold or stock on hand.
(3)
Any violation of this chapter.
(4)
Conviction of the license of any felony or misdemeanor
involving moral turpitude.
(5)
Conducting the business licensed under this chapter
in an unlawful manner or in such manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
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.
C.
A license may be suspended for not more than five
days by the Director upon probable cause being shown that the license
should be revoked.
D.
The Director shall hold such hearings and make such
investigation as may be necessary to carry out the provisions and
intent of this chapter.
Any person aggrieved by the decision of the Director with respect to the denial of an application for a license or in connection with the revocation or suspension of a license shall have the right to appeal to the governing body. Such appeal shall be taken by filing a written statement of the grounds for appeal with the governing body within 10 days after notice of the decision of the Director has been duly mailed to the person's last known address. The governing body shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in § 568-7B of this chapter for notice of hearing on revocation. The decision of the governing body on such appeal shall be final.
A.
A duplicate original of the application and stock
list by virtue of which a license is granted shall be made available
by the licensee to the Director or his designated representative to
inspect and examine all stock on the premises for comparison with
the stock left.
B.
Suitable books and records shall be kept by the licensee
at the place of sale and shall be made available for inspection by
the Director or his authorized representative where the goods and
merchandise are unstamped.
C.
It shall be unlawful to sell, offer or expose for sale at any such sale unstamped stock or to list on the inventory required by § 568-3 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.
D.
The licensee of a going-out-of-business sale shall
not continue the business beyond the date specified for such sale
and shall not, upon conclusion of such sale, continue the business
under the same or any other name in the same location or elsewhere
in the City of Vineland for a period of 30 days.
[Amended 8-28-1964 by Ord. No. 487; 1-11-1977 by Ord. No. 1065]
Upon filing an application for an original license,
as provided herein, the applicant shall pay to the Director of the
Department of Licenses and Inspections a fee of $50. Upon filing an
application for a renewal of such license for a period of 10 days,
as provided herein, the applicant shall pay to the Director of the
Department of Licenses and Inspections a fee of $25. If any such application
shall be disapproved, such payment shall be forfeited to the City
to defray the costs of investigating the application.
Upon commencement of any such sale, the license
issued therefor shall be conspicuously displayed near the entrance
to the premises where such sale is conducted.
All advertising shall specify the dates of the
sale, license number and that all merchandise shall bear a City of
Vineland stamp as to all merchandise of over $1 retail value. If goods
or merchandise cannot be stamped, the advertisement shall so specify.
The following persons shall be exempt from the
provisions of this chapter:
A.
This section applies to merchandise which is on order
prior to the sale date but has not been received.
B.
Upon receiving said merchandise, the applicant shall
notify the Director, who shall supervise the stamping of said merchandise.
C.
Said goods and merchandise received shall be compared
with the list as set forth in § 568-3D.
