CROSS REFERENCE: Rummage sales of secondhand wearing apparel are regulated by Section 16:14-3 of these Revised General Ordinances.
[R.O. 1966 § 8:16-1]
No person shall operate or conduct a secondhand or used clothing store without first obtaining a license as hereinafter provided.
[R.O. 1966 § 8:16-2]
a. 
Any person desiring a license shall file with the Director of the Department of Finance an application, in writing and under oath, on a form furnished by the Division of Tax Abatements/Special Taxes.
b. 
The application shall state:
1. 
The applicant's name and place of residence, or in the case of a firm or corporation, the name and place of residence of each person with an interest of 10% or more in the firm, association, or corporation, provided that if any such interested person is a parent firm or corporation, the names and places of residence of each person with a like interest in the parent firm or corporation shall also be stated;
2. 
Whether or not any of the above named persons have ever been arrested. If any of the persons named have ever been arrested, the application shall state the date and place of the arrest and the ultimate determination thereof;
3. 
The address at which the store is to be located;
4. 
The name and address of a person in Newark who shall be authorized to receive service of all notices, papers and legal process relevant to this chapter on behalf of the applicant;
5. 
The method by which all secondhand or used clothing is to be cleaned or fumigated.
c. 
Except in the case of eleemosynary institutions, each application or renewal shall be accompanied by payment of the license fee in an amount as hereinafter provided.
d. 
Each application shall be sworn and subscribed to by each person named therein, not more than 20 days prior to the date of filing, as true to the best of his knowledge, information and belief.
[R.O. 1966 § 8:16-3]
An application for a renewal of a license issued hereunder shall be made during the final 60 days of the term of the existing license. If so made, the renewal application need only contain a sworn statement by the licensee, or a person authorized to act for the licensee, concerning any changes in circumstances or facts from those stated in the original application or in subsequent renewals thereof, and shall be accompanied by the payment of the annual license fee, where required.
[R.O. 1966 § 8:16-4]
a. 
Upon receipt of any such application, the Director of the Department of Finance shall notify the Chief of Police who shall investigate the records of the applicant or the individuals described as holding interests in the applicant and shall report to the Director the results of such investigation.
b. 
No license shall be issued to any person who shall have been convicted of receiving stolen goods, burglary or robbery.
[R.O. 1966 § 8:16-5]
a. 
The Director of the Department of Finance or an official of the Division of Tax Abatements/Special Taxes so designated by the Director is hereby empowered to issue licenses to qualified applicants pursuant to the requirements of this chapter.
b. 
If the Director or his designee is otherwise satisfied that the applicant shall operate and conduct a secondhand or used clothing store in accordance with the provisions of this chapter, and that the operation will not constitute a hazard to the health of potential wearers, he shall issue a license to the applicant.
[R.O. 1966 § 8:16-6; R.O. 1966 C.S. § 8:16-6; Ord. 6 S+FQ, 2-17-1988 § 1; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a. 
The biennial fee for used clothing store license or any renewal thereof shall be $200 except that no license fee shall be charged to eleemosynary institutions.
b. 
The term of the license or renewal thereof shall be two years from the date of issuance.
c. 
The license fee shall be payable upon presentation of the application and shall be returned less the sum of $10 in the event such license is not granted.
[R.O. 1966 § 8:16-7]
a. 
The license issued by the Director shall be conspicuously displayed on the premises stated therein so that the same shall be easily and quickly identified by members of the public.
b. 
No person shall operate or conduct a secondhand or used clothing store at any address or premises other than that designated in the license.
[R.O. 1966 § 8:16-8; Ord. 6PSF-A(S), 1-7-2016]
a. 
Every licensee operating a secondhand or used clothing store shall keep a record of all articles purchased, taken in exchange or received in donation, the name and address of the seller, exchanger or donor, when known and the date received. This record with the articles themselves shall be open to inspection by any member of the Division of Police or the Department of Finance at reasonable times.
b. 
The department is also authorized to inspect the cleaning and fumigating processes of the licensee on or off the licensed premises at reasonable times. The licensee shall offer his full cooperation so that the department's inspection shall carry out the objects of this chapter.
[R.O. 1966 § 8:16-9; Ord. 6 S+FE, 10-17-2009; Ord. 6PSF-E, 8-6-2014]
Every article offered for sale to the public shall have attached to it a tag stating that the article is secondhand and has been previously used, and has been cleaned or fumigated according to methods approved by the Department of Health and Community Wellness of the City, provided, however, that in any premises where no articles of clothing are sold as new, in lieu of the foregoing provisions of this section, the seller may conspicuously display a sign stating that all articles offered for sale are secondhand and have been previously used and have been cleaned or fumigated.
[R.O. 1966 § 8:16-10]
a. 
The Director or his designee shall, upon notice thereof, revoke the license of any person licensed under the provision of this chapter who shall have been convicted or whose named principal shall have been convicted of receiving stolen goods, burglary or robbery.
b. 
In addition to any other penalties for any violation of this chapter, the Director or his designee, may after notice and hearing and for just cause, suspend or revoke any license issued hereunder for a violation of this chapter, or of any rule or regulation made pursuant thereto.
c. 
If the license is revoked, no other license shall be issued to the licensee or to any person interested to the extent of 10% in the licensee for a period of one year from the date of revocation.
[R.O. 1966 § 8:16-11]
This chapter shall apply to all secondhand and used clothing stores including, to the extent hereinabove specified, stores operated by eleemosynary institutions.
[R.O. 1966 § 8:16-12]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.