The purpose of this article is to regulate the
standards and manner in which going out of business sales are conducted
within the City of Millville to ensure the protection of the public
health, safety, and welfare. Furthermore, this article is designed
to prevent consumer fraud, false advertising and unscrupulous business
practices.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
All sales entitled bankruptcy sale, closing sale, fire sale,
going out of business sale, liquidation sale, or other similar types
of sales or the advertising of them.
Any goods, merchandise or tangible personal property capable
of being the object of a sale.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
It shall be unlawful for any person to conduct
a going out of business sale within the City unless licensed to do
so pursuant to this article.
A.
The license required shall be known as a business
license (going out of business) and shall be issued by the City Clerk
after payment of the required fee and compliance with these regulations.
B.
No such license shall be issued to any person at one
location for a period in excess of 90 days. No more than one such
sale shall take place within a three-hundred-sixty-day period. The
three-hundred-sixty-day period shall commence on the first day of
such sale.
C.
The license issued shall be prominently displayed
on the premises where the sale is conducted throughout the entire
period of the licensed sale.
D.
The fee for the business license (going out of business)
shall be $10.
The application for a license required by this
article shall be made in writing and filed with the City Clerk. No
license shall be issued until the required fees have been paid, and
these regulations complied with.
A.
Each application shall contain the name and address
of the business where the sale will take place.
B.
A written inventory of the goods located on the business
premises to be sold shall be provided to the City Clerk.
C.
The license shall cover all the goods set forth in
the written inventory, and no other goods.
This article shall not apply to the following
sales:
A.
Inventory. It shall be unlawful for any person to
sell goods during the licensed sale which were not contained in the
written inventory filed with the City Clerk. It shall be unlawful
for any person to bring upon the licensed premises any goods for sale
which were not contained in the written inventory filed with the City
Clerk.
B.
Signs. Signs which are posted in violation of § 33-14G
shall be presumed to have been put there by the licensee and the person
conducting the sale, and all persons shall be jointly and severally
responsible.
A.
Any applicant for a license may be denied a license
by the City Clerk or any license issued may be suspended or revoked
by the Mayor for any of the following causes.
(1)
The applicant or licensee has filed an application
containing false information.
(2)
The applicant or licensee has failed to comply with
these regulations.
(3)
The applicant or licensee has been convicted of an
offense under these regulations.
(4)
The applicant or licensee has violated the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq.
(5)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey or any other state.
B.
The applicant or licensee may appeal the decision
of any municipal official by filing a request for a hearing before
the Board of Commissioners with the City Clerk within 10 days of receiving
the notice of denial, suspension or revocation of the license. The
hearing shall be held within 20 days after the request is filed with
the City Clerk.
