[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 9-26-1966 as Ch. 21 of the 1966 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The Chief Financial Officer of the Borough of Metuchen.[1]
Any means of conveying to the public notice of sale or notice
of intention to conduct a sale, whether by word of mouth, 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, oral or written.
The sale or an offer to sell to the public of goods, wares
and merchandise of any kind 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. The word
"sale" 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 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.
Includes goods, wares and merchandise of all kinds and description.
A.Â
A duplicate original of the application and stock
list by virtue of which a license is granted under this chapter shall
be made available by the licensee to the Chief Financial Officer or
his or her designated representative, and the licensee shall permit
the Chief Financial Officer or his or her representative to inspect
and examine all stock on the premises for comparison with the stock
left.
B.Â
Suitable books and records shall be kept by the licensee
at the place of sale and shall be made available for inspection by
the Chief Financial Officer or his or her authorized representative.
All advertising shall be descriptive of the
nature of the sale. The content of the advertisements shall be identical
with the proposed advertisements submitted with the application.
The Chief Financial Officer may make such rules
and regulations for the conduct and advertisement of sales regulated
by this chapter as may be necessary to prevent deception and to protect
the public interest and welfare.
It shall be unlawful to sell, offer or expose for sale at any sale regulated by this chapter, or to list on the inventory required by § 150-8, 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.
The following persons shall be exempt from the
provisions of this chapter:
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind defined in § 150-1 without first obtaining a license therefor in compliance with the provisions of this chapter.
Applicants for a license under this chapter,
whether a person, firm or corporation, shall file a written application
with the Borough Clerk signed by the applicant if an individual, by
all partners if a partnership and by the president if a corporation
and showing:
A.Â
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 what state it is incorporated and
the name and address of its agent upon whom service of legal process
may be had.
B.Â
A description of the place where such sale is to be
held.
C.Â
The nature of the occupancy, whether by lease or by
sublease, commencement date and the effective date of termination
of such occupancy.
D.Â
The means to be employed in publishing such sale,
together with the proposed content of any advertisement.
E.Â
An itemized inventory and list of stock to be offered
for sale, together with a statement of the quality and cost price
thereof and the place where such stock is located.
F.Â
The place where such stock was purchased or acquired
and, if not purchased, the manner of such acquisition.
G.Â
Any additional information which may be required or
requested by the Borough Clerk or the Chief Financial Officer in connection
with the application.
H.Â
A full statement of the reasons for such sale.
I.Â
The contents of the application shall be verified
under oath by the applicant.
The Chief Financial Officer may in his or her
discretion verify the details contained in an application for a license
required by this chapter 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 Chief Financial Officer,
or his or her 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
such licenses and renewals thereof.
The Borough Clerk shall, upon written approval of the Chief Financial Officer endorsed upon the application provided for by § 150-8, issue a license for a period not exceeding 30 days. Such license shall not be transferable.
Upon filing an application for an original or
renewal license as required by this chapter, the applicant shall pay
to the Borough Clerk a fee of $25. If any such application shall be
disapproved, such payment shall be forfeited to the borough to defray
the cost of investigating the application.
Upon commencement of any sale regulated by this
chapter, the license issued therefor shall be conspicuously displayed
near the entrance to the premises where such sale is conducted.
The date of issuance of the license required
by this chapter shall be set forth in all advertising of the sale.
A.Â
Upon satisfactory proof by the licensee that the stock
itemized in the original application has not been disposed of, the
license required by this chapter may be renewed for an additional
thirty-day period.
B.Â
The application for renewal shall be made on a form
furnished by the Borough Clerk and shall contain an itemized list
of stock remaining on hand to be offered for sale. The contents of
the application for renewal shall be verified under oath by the applicant.
C.Â
The Chief Financial Officer 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 or she may
authorize the issuance of a renewal license for a period not exceeding
30 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.Â
Grounds for revocation. A license or renewal thereof
issued pursuant to this chapter may be revoked by the Chief Financial
Officer, after notice and hearing, for any of the following reasons:
(1)Â
Any fraud, misrepresentation or false statement contained
in the application.
(2)Â
Any fraud, misrepresentation or false statement made
as to the inventory, stock sold or stock on hand.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
(5)Â
Conducting the business licensed under this chapter
in an unlawful manner or in such a 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.Â
Notice of hearing for revocation. Notice of hearing
for revocation of a license issued under this chapter 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 or her last-known address,
at least five days prior to the date set for the hearing.
C.Â
Suspension. A license issued under this chapter may
be suspended for not more than five days by the Chief Financial Officer
upon probable cause being shown that the license should be revoked.
D.Â
Hearings and investigations. The Chief Financial Officer
shall hold such hearings and make such investigations as may be necessary
to carry out the provisions and intent of this chapter.
Any person aggrieved by the decision of the Chief Financial Officer with respect to the denial of an application for a license under this chapter or in connection with the revocation or suspension of a license under this chapter shall have the right of 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 Chief Financial Officer has been mailed to such 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 a person in the same manner as provided in § 150-15 for notice of hearing on revocation. The decision of the governing body on such appeal shall be final.
