[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-18-1961 by Ord. No. 174]
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein:
The City of Hoboken.
The Clerk of the City of Hoboken.
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.
A sale held out in such a manner as to reasonably cause the
public to believe that, upon the disposal of the stock of goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales: adjuster's, adjustment, alteration,
assignee's, bankrupt, benefit of administrator's, benefit
of creditors, benefit of trustees, building coming down, closing,
creditor's committee, creditor's end, Executor's, final
days, forced out, forced-out-of-business, insolvents, last days, lease
expires, liquidation, loss-of-lease, mortgage sale, receiver's,
trustee's, quitting business.
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, organization or entity of any kind.
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 or will then continue business from other existing locations.
A license issued by the City License Officer, bearing a license
number and the date on which the license was issued, shall be obtained
by any person before selling or offering to sell any goods at a sale
to be advertised or held out by any means to be one of the following
kinds as herein defined: going-out-of-business sale, removal-of-business
sale and fire and other altered goods sales.
A.
Any person who has not been the owner of a business advertised or
described in the application for a license hereunder for a period
of at least six months prior to the date of the proposed sale shall
not be granted a license, provided that, upon the death of a person
doing business in the City, his or her heirs, devisees, legatees or
representatives shall have the right to apply at any time for a license
hereunder.
B.
Interval between sales. Any person who has held a sale, as regulated
hereunder, at the location stated in the application, within one year
past from the date of such application, shall not be granted a license.
C.
Restricted location. Where a person applying for a license hereunder
operates more than one place of business, the license 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 another store or branch is cooperating with it or participating
in any way in the licensed sale.
D.
Persons exempted. The provisions of this Article shall not apply
to or affect 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; any publisher of a newspaper, magazine or other
publication who in good faith publishes any advertisement, without
actual knowledge of its false, deceptive or misleading character,
or without actual knowledge that the provisions of this Article have
not been complied with.
A.
Written information required. A person desiring to conduct a sale
regulated by this Article shall make a written application to the
License Officer setting forth and containing the following information:
(1)
The true name and address of the owner of the goods to be sold.
(2)
The true name and address of the person from whom the goods to be
sold were purchased and the price paid therefor and, if not purchased,
the manner of such acquisition.
(3)
A description of the place where such sale is to be held.
(4)
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of such occupancy.
(5)
The dates of the period of time in which the sale is to be conducted.
(6)
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.
(7)
The means to be employed in advertising such sale, together with
substantially proposed content of any advertisement.
(8)
A complete and detailed inventory of the goods to be sold at such
sale as disclosed by the applicant's records. Said inventory
shall be attached to and become a part of the application required
under this Article. All goods included in such inventory shall have
been purchased by the applicant for resale on bona fide orders without
cancellation privileges and shall not comprise goods purchased on
consignment. Such inventory shall not include goods ordered in contemplation
of or for the purpose of conducting any sale regulated hereunder.
Any unusual purchase or additions to the stock of goods of the applicant,
made within 60 days before filing of an application hereunder, shall
be deemed to be of such character.
B.
Issuance of license. No license provided for in this section shall
be issued unless and until all taxes and assessments, fees and charges
due the City of Hoboken have been paid.
C.
License fee. Any applicant for a license hereunder shall submit to
the License Officer, with the application for a license, a license
fee of $50. Any applicant for renewal of any license granted hereunder
shall submit to the License Officer, with his application for renewal,
a renewal license fee of $25.
[Amended 12-1-1982 by Ord. No. C-233]
A.
License period and renewal procedure. The license shall authorize
the sale described in the application for a period of not more than
30 consecutive days, following the issuance thereof. The License Officer
shall renew a license for one period of time only, such period to
be in addition to the 30 days permitted in the original license and
not to exceed 30 consecutive days when the License Officer finds that
facts exist justifying the license renewal; that the licensee has
filed a written application for said renewal; that the licensee has
submitted with the application for renewal 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.
For the purpose of this subsection, any application for a license
under the provisions of this Article, covering goods previously inventoried
as required hereunder, shall be deemed to be an application for renewal,
whether presented by the original applicant or by any other person.
B.
Nature of sale. The license shall authorize only one type of sale
described in the application at the location named therein.
C.
Saleable goods. The license shall authorize only the sale of goods
described in the inventory attached to the application.
D.
Surrender of general license. Upon being issued a license hereunder
for a going-out-of-business sale, the licensee shall surrender to
the License Officer 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.
E.
Nontransferability. Any license herein provided for shall not be
assignable or transferable.
A licensee hereunder shall:
A.
Adhere to inventory. Make no additions whatsoever, during the period
of the licensed sale, to the stock of goods set forth in the inventory
attached to the application for license.
B.
Advertise properly. Refrain from employing any untrue, deceptive
or misleading advertising and, in any advertisement by handbills,
circulars, placards, signs, notices, newspapers or publication or
other advertising, include therein the number and date of the license
issued by the License Officer.
C.
Adhere to advertising. Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
D.
Keep duplicate inventory. Keep available at the place of sale a duplicate
of the inventory submitted with the application and present the same
to inspecting officials upon request.
E.
Segregate noninventoried goods. Keep any other goods separate and
apart from the sale goods and make such distinction clear to the public.
[Amended 11-4-1987 by Ord. No. V-140]
A.
Any person other than a corporation violating any provision of this
Article shall, upon conviction thereof, before the Municipal Court,
be subject to a fine in any sum not exceeding $1,000 or to imprisonment
for a period not exceeding 90 days, or both, the amount of such fine
and imprisonment within the limitation aforesaid to be determined
in the discretion of the Municipal Judge and, in default of the payment
of any fine imposed, may be imprisoned for a period not exceeding
90 days.
B.
Any corporation violating any provision of this Article shall, upon
conviction thereof, be subject to a fine not exceeding $1,000, the
amount of such fine, within the limits aforesaid, to be determined
in the discretion of the Municipal Judge.
C.
Each day any such violation is continued or permitted to be continued
shall constitute a separate offense punishable as such hereunder.
