Editor's Note: For State Statute authorizing a municipality
to license and regulate forced sales or going-out-of-business sales,
see N.J.S. 40:52-1(j) and N.J.S.A. 40:52-2.
[R.O. 1966 § 8:5-1]
This chapter is enacted for the purpose of raising revenue and
for the regulation and control of certain kinds of sales of merchandise.
[R.O. 1966 § 8:5-2]
As used in this chapter:
Shall mean and includes a sale of goods held or to be held
in such a manner as to cause the public reasonably to believe that:
(1) the sale will offer goods damaged or altered by fire, smoke, water
or other means; or (2) upon the disposal of the stocks of goods on
hand, the business will cease and be discontinued; or (3) that the
person conducting the sale will cease and discontinue the business
at the place of sale upon disposal of the stock of goods on hand and
will then move and resume business at a new location in the City and
will then continue business from other existing locations in the City.
Included among such close-out sales, but not by way of limitation,
are sales known and commonly referred to as: adjustor's sales; adjustment
sales; administrator's sales; alterations sales; assignee's sales';
bankrupt sales; bankrupt stock sales; benefit of administrator's sales;
benefit of creditor's sales; benefit of trustee's sales; building
coming down sales; closing sales; creditor's committee sales; creditor's
sales; end sales; executor's sales; final days sales; fire and other
altered goods sales; forced out sales; forced out of business sales;
going out of business sales; insolvent's sales; insurance or insurance
salvage sales; last days sales; lease expires sales; liquidation sales;
loss of lease sales; mortgage sales; receiver's sales; removal of
business sales; reorganization sales; selling-out sales; trustee's
sales; quitting business sales.
Shall mean the Director of Licenses in the Department of
Finance and/or his designee.
Shall mean and include any goods, wares, merchandise or other
property capable of being the object of a sale regulated under this
Article.
[R.O. 1966 § 8:5-3]
No person shall advertise, represent, display, sell or offer
to sell or conduct any sale held out to be a close-out sale by any
means, directly or indirectly, without first obtaining a close-out
sale license from the Director as hereinafter provided.
[R.O. 1966 § 8:5-4]
The provisions of this chapter shall not apply to:
a.
Any sale which is or is to be held under a judicial order, judgment
or writ issuing out of any court or to enforce any lawful lien or
power of sale whether by judicial process or not; or
b.
Sheriffs, constables or other public or court officers, or to any
other person acting under the direction of any court selling goods
in the course of their official duties; or
c.
Duly licensed auctioneers selling at auction; or
d.
Any publisher of a newspaper, magazine or other publication, who
publishes in good faith, any advertisement, without knowledge of its
false, deceptive or misleading character, or without knowledge that
the provisions of this chapter have not been complied with.
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CROSS REFERENCE: For licensing and regulation of auctioneers, see Section 8:1-1 et seq. of these Revised General Ordinances.
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[R.O. 1966 § 8:5-5]
a.
Any person who desires to conduct a sale regulated by this chapter
shall make a written application to the Director setting forth and
containing the following information:
1.
The name and address of the owner of the goods to be sold;
2.
The name and address of the person from whom the owner purchased
the goods to be sold and the price therefor, or, 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 sub-lease and the
effective date of termination of such occupancy;
5.
The dates during 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 expedient disposal of goods
and the manner in which the sale will be conducted;
7.
The means to be employed in advertising such sale together with the
proposed content of any advertisement;
8.
A complete, accurate and detailed inventory of the goods to be sold
at such sale as disclosed by the applicant's records together with
the cost price thereof. The inventory shall be attached to and become
a part of the required application. All goods included in such inventory
shall have been purchased by the applicant for a license 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 conducting a sale regulated
hereunder. Any unusual purchase or addition to the stock of goods
of the business within 60 days before the filing of an application
shall be deemed to be goods ordered in contemplation of a sale.
b.
The application and the inventory attached thereto shall be filed
by the person seeking the license or by his authorized resident agent.
The applicant or such agent shall swear or affirm that the information
therein given is full and true and known by him or such agent to be
so.
[R.O. 1966 § 8:5-6]
a.
The Director may, in his discretion, verify the details of an inventory
filed for the purpose of obtaining a closing-out sale license, or
he may make a check and verify the items of merchandise sold during
the sale.
b.
No person to whom a close-out sale license has been issued shall
fail or refuse to give the Director, or any other person designated
by him for that purpose, all the facts connected with the stock on
hand or the proper information of goods sold, or any other information
that he may require in order to make a thorough investigation of all
phases connected with the sale.
[R.O. 1966 § 8:5-7]
Any person who has not owned the business described in the license
application for a period of at least one year prior to the date of
the proposed sale shall not be granted a license. This requirement
shall not apply to the personal representatives, heirs, devicees or
legatees of any person who dies while in business in the City.
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CROSS REFERENCE: Transient merchants and itinerant vendors are licensed and regulated by Section 8:15-1 et seq. of these Revised General Ordinances.
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[R.O. 1966 § 8:5-8]
a.
Upon approval by the Director, a license shall be issued to the applicant
providing the prescribed license fee shall have been paid.
b.
The license shall authorize the sale described in the application
for a period of 10, 20 or 30 days, at the option of the applicant,
but in no event shall the license be issued for a period of more than
30 days.
[R.O. 1966 § 8:5-9]
The license referred to herein shall be conspicuously displayed
at all times at the place designated in the application for such license.
[R.O. 1966; R.O. 1966 C.S. 8:5-10; Ord. 6 PSF-D, 8-3-2016 § 4]
The fee for licenses issued under this Chapter shall be as follows:
[R.O. 1966 § 8:5-11]
[R.O. 1966 § 8:5-12]
Any person who has held a close-out sale regulated under this
chapter at the location stated in the application, within one year
past from the date of such application, shall not be granted such
a license.
[R.O. 1966 § 8:5-13]
Any license issued under this chapter shall not be assignable
or transferable from person to person unless the transferee shall
comply with all the provisions of this chapter applicable to an original
application and license, and unless the transfer is approved by the
Director and payment of a transfer fee in the sum of 10% of the original
license fee is made.
[R.O. 1966 § 8:5-14]
No person shall:
a.
Sell, offer or expose for sale at any such sale, or list on such
inventory, any goods, wares or merchandise which are not the regular
stock of the store or other place, the business of which is to be
closed out by such sale; or
b.
Make any replenishments or additions to such sock for the purposes
of such sale, or during the time thereof; or
c.
Fail, neglect or refuse to keep accurate records of the articles
or things sold, from which records the Director may ascertain the
kind and quantity or number sold.
[R.O. 1966 § 8:5-15]
Pending a hearing, a license may be suspended for not more than
two weeks by the Director upon probable cause being shown that the
license should be revoked. The Director shall have the power to make
such investigations as he may deem necessary in carrying out the provisions
of this chapter in relation to suspension or revocation of licenses.
[R.O. 1966 § 8:5-16]
A license issued under this chapter may be revoked by the Director
for the violation of the terms of the license or falsification in
applying for the license, or when, in the opinion of the Director,
the business so licensed is conducted in a manner contrary to law
or to public morals or to the public health or to the safety of the
life or limb of the public. Before a license is revoked, the licensee
shall be accorded a hearing before the Director upon at least two
days' notice, in writing.
[R.O. 1966 § 8:5-17]
Nothing in this chapter contained shall be construed to relieve
any person from complying with the health and sanitation regulations
and provisions of these Revised General Ordinances relating to the
manufacture, sale, distribution or handling of food, food products
or merchandise.
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CROSS REFERENCE: For provisions concerning food, drugs and cosmetics,
see Title XIII of these Revised General Ordinances. For miscellaneous
health and sanitation provisions, see Title XVI of these Revised General
Ordinances.
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[R.O. 1966 § 8:5-18]
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. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
