For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
CHRISTMAS SALE
The sale of Christmas trees and related items for the Christmas
season, held where said goods are sold or displayed in the open air.
CLOSEOUT SALE
Includes but shall not be limited to the sale or an offer
to sell, to the public, goods, wares, and merchandise of any and all
kinds and description on hand in stock in connection with a declared
purpose, as set forth by advertising, on the part of the seller that
such sale is anticipatory to the termination, closing, liquidation,
revision, winding up, discontinuance, conclusion or abandonment of
the business in connection with such sale. It shall also include any
sale, advertised to be an adjustment sale, creditor's sale, executor's
sale, administrator's sale, insolvent sale, insurance salvage sale,
mortgage sale, assignee's sale, adjustor's sale, receiver's sale,
loss of lease sale, forced out of business sale, removal sale, and
any and all sales advertised in such manner as to reasonably convey
to the public that, upon the disposal of the stock of goods on hand,
the business will cease and be discontinued.
FIRE AND OTHER ALTERED GOODS SALE
A sale held out in such 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.
FLEA MARKET
An open air sale involving multiple vendors selling a variety
of goods on a common property.
GOODS
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
GRAND OPENING SALE
A sale where a new line of goods is offered to the public
of any kind and all descriptions, whether in the new opening of a
store or in the introduction of a new line of goods.
OPEN AIR SALE
Any sale such as a parking lot sale, sidewalk sale or any
sale where goods are displayed and/or sold in an unenclosed area such
as the sidewalk or parking lot on premises of the seller.
PERSON
Includes an individual, association, partnership or corporation.
PUBLISH or PUBLISHING or ADVERTISEMENT or ADVERTISING
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by word of mouth,
letter, newspaper advertisement, magazine advertisement, handbill,
written or printed display, billboard display or poster, whether in
or away from the business location, radio announcement and any and
all other means, oral or written.
REMOVAL OF BUSINESS SALE
A sale held out in such 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.
It shall be unlawful for any person to publish, announce or
conduct any sale of the type or kind herein defined without first
obtaining a license therefor in compliance with the provisions of
this chapter. No license shall be issued for an open air sale unless
sponsored by a nonprofit organization or as otherwise permitted by
this chapter, and with the exception of a flea market or Christmas
sale all participating displayers or sellers shall own or lease permanent
premises within 25 feet of the place where the outdoor display or
sale will be conducted and shall consist of merchandise normally sold
by the displayer or seller.
[Amended 3-24-2009 by Ord. No. 2009-2; 10-26-2010 by Ord. No. 2010-24; 11-9-2010 by Ord. No. 2010-31]
Any applicant for a Christmas sale license hereunder shall submit to the Zoning Officer, with his application, a license fee as provided in Chapter
152, Fees, together with a refundable deposit as provided in Chapter
152, Fees, which shall be returned upon cleaning and restoring of the site and compliance with such other conditions which may be provided with the license, except that the fee shall be reduced as provided in Chapter
152, Fees, for a permit issued to an organization that has a 501(c)(3) exemption issued by the Internal Revenue Service.
The Township Zoning Officer shall have the following duties:
A. To receive applications for all
licenses hereunder and process the same as required herein. No application
shall be accepted by the Township Zoning Officer unless submitted
a minimum of one calendar week prior to the sale event.
B. After the receipt of all fees
and charges and reports required by the nature of the application,
to refer the application with the required attachments to the Chief
of Police for review and approval.
C. In the event of favorable action
by the Township Chief of Police, to issue the license, provided that
all regulatory fees and charges and municipal taxes, if any, pertaining
to the license have been paid.
D. To keep all records pertaining
to said licenses, licensees and agents.
E. To establish the application forms
for issuance of all licenses hereunder, including, where desired,
a requirement that said application be executed under oath, and establish
procedures for processing to minimize duplication.
The license shall authorize only the type of sale and goods
for sale described in the application at the location named therein.
Any license provided for herein shall not be assignable or transferable.
Upon the death of the person doing business in this Township,
his or her heirs, devisees or legatees or executors or administrators
shall have the right to apply at any time for a license under this
chapter.
Any person who has held a sale, as regulated hereunder, at the
location stated in the application within one year last past from
the date of such application shall not be granted a license for the
same type of promotion or sale, except that a person may receive one
additional license for a different type of promotion or sale within
the aforesaid one-year period so long as that promotion or sale is
different in kind from the first license granted.
The provisions of this chapter shall not apply to or affect
the following persons:
A. Persons acting pursuant to an
order or process of a court of competent jurisdiction.
B. Duly licensed auctioneers, selling
at auction.
C. Persons acting in accordance
with their powers and duties as public officials.