[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-28-1986 by Ord. No. 86:72 as Sec. 4-6 of the 1986 Code]
As used in this article, the following terms shall have the meanings indicated:
- CLOSING-OUT SALE
- All sales advertised, represented or held forth under the designation of going out of business, discontinuance of business, selling out, liquidation, lost our lease, must vacate, forced out, removal, fire sale, damaged stock, or any other designation of like meaning indicating the forced sale of merchandise.
It shall be unlawful for any person to conduct a business in the Township in which it is advertised or represented to the public that the merchandise, goods and wares being offered for sale were obtained as the result of a closing-out sale.
[Amended by Ord. No. 95:8; 5-13-2003 by Ord. No. 2003:13; 5-11-2004 by Ord. No. 2004:14]
It shall be unlawful for any person to conduct a closing-out sale in the Township without first filing with the Township Clerk the information hereinafter specified and obtaining a license. The fee for such license shall be as follows: For a period not exceeding 10 consecutive calendar days, $35; for a period not exceeding 20 consecutive calendar days, $45; for a period not exceeding 30 consecutive calendar days, $75; for a period not exceeding 90 days, $100; provided that only one license shall be issued to any person within a three-hundred-sixty-day period, and no such license shall be issued for more than 90 consecutive calendar days.
The information to be filed with the Township Clerk shall be a complete and accurate list or a written statement of the current retail value of the stock of goods, wares and merchandise to be sold, which list or statement shall be signed by the person seeking the license or by a resident agent thereunder authorized. By affidavit at the foot thereof, the person so signing shall affirm that the information therein given is full and true and known by him to be so. It shall be unlawful to sell, offer or expose for sale at any such sale or to list on such inventory or on the statement of the current retail value 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 to make any replenishments or additions to such stock for the purposes of such sale or during the time thereof or to fail, neglect or refuse to keep accurate records of the articles or things sold or of the cash receipts therefor from which records the Township Clerk may ascertain the kind and quantity or number sold.
The Township Clerk may, at his discretion, either himself or by his designee, verify the details of the information filed for the purpose of obtaining a license, and he may make a check and verify the items of merchandise sold during the sale. It shall be unlawful for any person to whom a license has been issued to fail or refuse to give the Township Clerk or his designee 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.
The provisions of this article shall not be applicable to trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process.
[Adopted 9-9-2003 by Ord. No. 03:27]
Any bona fide religious, civic or charitable organization may, upon its own property located within the Township, sell holiday merchandise on Christmas, Easter, Mother’s Day and Halloween and for three weeks prior thereto; provided, however, that the proceeds from such sales must be for the benefit of the bona fide religious, civic or charitable organization only.
Sales of such seasonal merchandise by any other person or organization shall be prohibited.
Any person who violates this section shall be liable for a penalty of $250 for the first offense and $500 for any subsequent offense.