[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 6-3-1977 by Ord. No. 77-12C. Amendments noted where
applicable.]
Private sales. The term "private sales" shall
mean the sale, exchange or display for sale of any used personal property,
conducted on or about lands and premises located within the township
in areas which are not zoned permitting commercial use. The terms
shall also include garage sales and shall include sales whether conducted
by negotiation or by auction.
Private sales as hereinabove defined shall be
permitted only in accordance with the terms of this chapter.
A.
It shall be unlawful for any person, firm or corporation
to conduct any private sale or auction in the Township of Long Beach
without first making application to the Clerk of the Township of Long
Beach for a license to conduct such sale. Application shall be made
at least one week prior to conduct of such sale and the application
shall be accompanied by a fee of $10.
[Amended 4-2-2004 by Ord. No. 04-09C]
B.
No license shall be issued to any one person more
often than twice in any one calendar year nor shall any license be
issued for a sale at any one location more often than twice in any
one calendar year. No license shall be issued for more than two consecutive
calendar days.
[Amended 4-2-2004 by Ord. No. 04-09C]
C.
The Township
of Long Beach shall permit two Town-wide private sales per year as
may be fixed by annual resolution of the governing body. The raindates
for said sales shall be on the Sunday immediately following each designated
Town-wide private sale. Licenses for said Town-wide private sales
shall be issued upon completion of the appropriate application accompanied
by a fee of $10 for each sale. Participation in the Town-wide private
sale(s) shall not be counted in the total permissible private sales
per year, per property.
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C as Subsection D.
D.
The license shall contain the following information:
[Amended 2-1-2013 by Ord. No. 13-01C]
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property
at which the sale is to be conducted, if different from the applicant.
(3)
The location of the property at which the sale is
to be conducted.
(4)
The date or dates proposed for the conduct of the
sale.
(5)
The date and location of any past sales conducted
by the applicant.
(6)
A description of any other past sales conducted by
the applicant.
(7)
A certification that the statements contained in the
application are true.
All private sales shall be conducted between
the hours of 8:00 a.m. and 9:00 p.m.
No signs for advertising or soliciting customers
for the sale shall be placed other than on the lands licensed for
the conduct of the sale. A single sign, double faced so that the legend
is legible from either side, not exceeding two (2) feet by two (2)
feet overall dimensions, including trim, shall be permitted. The sign
may be placed on the site no more than five (5) days prior to the
sale and must be removed by 9:00 p.m. on the last day of the sale.
No food stuffs, no perishable items, no personal
property other than the property of the applicant, not purchased for
the expressed purpose of sale, shall be offered for sale. In addition,
no goods nor merchandise or personal property of any sort, kind or
description requiring treatment by any Laws of the State of New Jersey
or the United States shall be offered for sale without first supplying
such treatment.
The provisions of this chapter shall not apply
to:
A.
Sales pursuant to judicial process.
B.
Sales conducted by public officials performing public
business.
C.
Any person selling or advertising for sale an item
or items of personal property which are specifically named and described
in the advertisement offering them for sale and which separate items
do not exceed five (5) in number.
D.
Any sale by any merchant in any area of the Township
of Long Beach zoned for business or retail sales.
E.
Any sale made by any licensed veteran licensed under
the New Jersey Veterans Vending Laws.
F.
Any sale made by any vendor licensed under Long Beach
Township Vending Laws.
G.
Any sale made by a charitable religious, civic or
eleemosynary organization.
This chapter shall be enforced by the Code Enforcement
Officer of the Township of Long Beach as well as by the Long Beach
Township Police Department. Where any sale is taking place without
being properly licensed, the Building Inspector of the Township of
Long Beach or the members of the Township of Long Beach Police Department
shall immediately order the sale to cease and desist and in the event
of a failure to cease and desist, all persons continuing to operate
the sale or participate therein, shall be deemed guilty of a violation
of this chapter.
