[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:
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.
