[1]
State law reference: As to power to license sales, see N.J.S.A. 40:52-1 (j), 67 N.J. Super. 514, 171 A.2d 21 (1961).
[R.O. 1957, 6:19-1]
(a) 
No person shall advertise or conduct any sale of goods, wares or merchandise at retail that is represented as a Going-Out-Of-Business Sale, or any sale which by representation or advertisement intends to lead the public to believe the person conducting the sale is going out of business, unless he first:
(1) 
`Files with the License Bureau;
(A) 
A statement of inventory;
(B) 
Application for a Going-Out-of-Business Sale License; and,
(2) 
Obtains a license to hold such sale.
(a) 
A license application for a sales license shall be in writing and signed by the applicant.
(b) 
The license application shall state:
(1) 
The name and address of the owners of the business, inventory and premises;
(2) 
That the business is actually going out of business; and,
(3) 
The business will vacate the premises at the conclusion of the sale.
(c) 
Upon approval and payment of the prescribed fee, the Mayor shall grant, and the License Bureau issue, the sales license.[2]
[2]
Cross reference: As to the fee, see Article 17 of this chapter.
[1]
State law reference: As to elements necessary for license, see 67 N.J. Super. 514, 171 A.2d 21 (1961).
[R.O. 1957, 6:19-5]
This Article shall not apply to trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process.
[1]
State law reference: As to exception to license requirements, see N.J.S.A. 40:52-1(j).
[R.O. 1957, 6:19-6]
(a) 
No sales license shall be issued for more than forty-five (45) consecutive days.
(b) 
Only one (1) sales license shall be issued to any one person in a twelve (12) month period.
(c) 
Renewal licenses may be issued for a period not exceeding forty-five (45) consecutive days from the effective date of the original license; provided that the License Bureau funds:
(1) 
That the licensee has filed an application for renewal;
(2) 
That the licensee has submitted with the application for renewal a revised inventory by affidavit showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.
[R.O. 1957, 6:19-2]
(a) 
The statement of inventory required by Section 9:5-1 shall contain an accurate list of the stock of goods, wares and merchandise sold at a sale licensed under Section 9:5-1 with the wholesale or cost prices of such goods.
(b) 
The statement of inventory shall be signed by the applicant.
(c) 
The applicant, by affidavit at the foot of the statement, shall swear or affirm that the information given therein is complete and known by the applicant to be true and accurate.
(d) 
All goods included in the original inventory shall have been purchased by the applicant for resale or bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.
(e) 
Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder, any unusual purchase, or addition to the stock of goods of the business hereby affected within thirty (30) days before the filing of an application hereunder shall be deemed to be of such character.
[R.O. 1957, 6:19-4]
(a) 
The Clerk may verify the details of a statement of inventory filed to obtain a license, or he may check and verify the items sold, or he may call upon the Assessing Officer to verify the statement.
(b) 
No licensee shall fail or refuse to give the Clerk, or his designee, all the facts connected with the statement of inventory and sale thereof or any information he may require to make a thorough investigation of all phases of the sale.
[1]
State law reference: As to power to regulate license, see N.J.S.A. 40:52-1. See also 67 N.J. Super. 514, 171 A. 2d 21 (1961); 103 N.J. Super. 324, 247 A. 2d 161 (1968).
[R.O. 1957, 6:19-7]
A sales license shall be prominently displayed in the establishment where the sale is being conducted for the purpose of advising the public that such sale is licensed.
[R.O. 1957, 6:19-3]
(a) 
No person shall advertise, sell, offer or expose for sale at a sale licensed under this article any goods, wares or merchandise which are not the regular stock of the store or other place of business which is to be closed or discontinued.
(b) 
No licensee shall replenish or make additions to such stock during the sale period.
(c) 
No licensee shall fail, refuse or neglect to keep accurate records of the goods or articles sold. The Clerk will employ these records in ascertaining the kind, quantity and number of goods, wares or merchandise sold.