[HISTORY: Adopted by the City Council of the City of Long Branch
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licenses — See Ch. 230.
[Adopted 1-26-1971 by Ord. No. 590
as Sec. 7-4 of the 1971 Code]
A license shall be obtained by any person before selling or offering
to sell any goods at a sale to be advertised and held as a going out of business
sale, removal of business sale or fire and other altered goods sale.
A.
Established business requisite. No person who has not
been the owner of a business advertised or described in the application for
a license for a period of at least six months prior to the date of the proposed
sale shall be granted a license, provided that, upon the death of a person
doing business in the city, his heirs, devisees, legatees or representatives
shall have the right to apply at any time for a license.
B.
Interval between sales. Any person who has held one of
the sales regulated in this article at the location stated in the application
within one year past from the date of the application shall not be granted
a license.
C.
Restricted location. Where a person applying for a license
operates more than one place of business, the license shall apply only to
the one store or branch specified in the application, and no other store or
branch shall advertise or represent that it is cooperating with it or in any
way participating in the licensed sale; nor shall the store or branch conducting
the licensed sale advertise or represent that any other store or branch is
cooperating with it or participating in any way in the licensed sale.
D.
Persons exempted. The provisions of this article shall
not apply to or affect persons acting pursuant to an order or process of a
court of competent jurisdiction, persons acting in accordance with their powers
and duties as public officials, duly licensed auctioneers selling at auction
and any publisher of a newspaper, magazine or other publication who in good
faith publishes any advertisement without actual knowledge of its false, deceptive
or misleading character or without actual knowledge that the provisions of
this article have not been complied with.
In addition to the information required by Chapter 230, Mercantile Licenses, applications shall disclose the following:
A.
The nature of the occupancy of the premises where the
sale is to take place, whether by lease or sublease, and the effective date
of termination of the occupancy.
B.
A full and complete statement of the facts regarding
the sale, including the reason for the urgent and expeditious disposal of
goods and the manner in which the sale will be conducted.
C.
The means to be employed in advertising the sale, together
with the proposed content of any advertisement.
D.
A complete and detailed inventory of goods to be sold
at the sale as disclosed by the applicant's records.
(1)
The inventory shall contain:
(2)
The inventory shall be attached to and become a part
of the application. The inventory shall be signed by the person applying for
the license or by an authorized agent, and the agent shall swear or affirm
by affidavit that the information given is known by the affiant to be full,
complete and true.
(3)
No goods other than those listed in the inventory shall
be advertised or sold at any sale for which a license is required. No person
shall sell, offer or expose for sale, advertise or list on the inventory any
goods which are not the regular stock at the store, the goods of which are
to be closed out or disposed of through the sale, or to supplement or make
any replenishments or additions from any manufacturer, jobber, wholesaler,
warehouse, storage building or from any other premises or from any source
whatsoever, and during the time thereof to advertise or represent the sale
as being of the character for which a license is required.
(4)
All goods included in the inventory shall have been purchased
by the applicant for resale on bona fide orders without cancellation privileges
and shall not comprise goods purchased on consignment. The inventory shall
not include goods ordered in contemplation of or for the purpose of conducting
any sale regulated hereunder. Any unusual purchase or additions to the stock
of goods of the applicant made within 60 days before filing an application
shall be deemed to be of such character.
All applicants shall submit a fee of $25 to the Superintendent of Licenses
and Permits with the application for a license. Applicants for renewal of
a license shall submit a fee of $25 to the Superintendent with the application
for renewal. No license shall be issued until all taxes and assessments, fees
and charges due the city have been paid.
A.
License period and renewal procedure. The license shall
authorize the sale described in the application for a period of not more than
30 consecutive days, Sundays and legal holidays excepted. The Superintendent
may renew a license for one additional period of 30 days only, Sundays and
holidays excepted, when he finds that facts exist justifying renewal, and
then only if the licensee has filed a written application for renewal and
submitted with the application for renewal a revised inventory showing the
items listed on the original inventory remaining unsold and not listing any
goods not included in the original application and inventory. Any application
for a license covering goods previously inventoried shall be deemed to be
an application for renewal, whether presented by the original applicant or
another person.
B.
Salable goods. The license shall authorize only the sale
of goods described in the inventory attached to the application.
C.
Surrender of general license. Upon being issued a license
for a going out of business sale, the licensee shall surrender to the Superintendent
all other business licenses he may hold at that time which are applicable
to the location and goods covered by the application for a going out of business
license, without rebate of any portion of the fees for any license.
D.
Nontransferability. Any license herein provided for shall
not be assignable or transferable.
A.
All licensees shall:
(1)
Make no additions whatsoever during the period of the
licensed sale to the stock of goods set forth in the inventory attached to
the application for license.
(2)
Refrain from employing any untrue, deceptive or misleading
advertising, and any advertisement by handbills, circulars, placards, signs,
notices, newspapers or publications or other advertising shall include the
number and date of the license.
(3)
Conduct the sale in strict conformity with any advertising
or other representations made in connection therewith.
(4)
Keep available at the place of sale a duplicate of the
inventory submitted with the application and present the same to inspecting
officials upon request.
(5)
Keep any other goods separate and apart from the goods
for sale and make such distinction clear to the public.
B.
The licensee of a going out of business sale shall not
continue the business beyond the date specified for the sale in the license
and shall not, upon conclusion of the sale, continue the business under the
same name or under a different name in the same location or elsewhere in the
city.
