[HISTORY: Adopted by the governing body of
the Township of Little Falls as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-18-1995 by Ord. No. 753 as Sec.
4-5 of the 1995 Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Shall mean, 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 and in stock in connection with a declared
purpose, as set forth by advertising, on the part of the seller that
the sale is anticipatory to the termination, closing, liquidation,
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, adjuster's sale, receiver's sale, loss-of-lease sale, wholesaler's
sale, creditor's committee 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.
A sale held out in such a 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.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
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 notice, 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.
A sale held out in a 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 in the
Township.
A person desiring to conduct a sale regulated by this article shall make written application to the Township Clerk setting forth and containing the following information, in addition to the requirements of Chapter 122, Licensing, Article I:
A.
The true names and addresses of the owners of the
goods to be the object of the sale.
B.
The true name and address of the person from whom
the owner purchased the goods to be sold and the price therefor, and
if not purchased, the manner of such acquisition.
C.
A description of the place where the sale is to be
held.
D.
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
E.
The dates of the period of time in which the sale
is to be conducted.
F.
A full and complete statement of the facts in regard
to the sale, including the reason for the urgent and expeditious disposal
of goods thereby, and the manner in which the sale will be conducted.
G.
The means to be employed in advertising the sale,
together with the proposed content of any advertisement.
H.
A complete and detailed inventory of the goods to
be sold at the sale as disclosed by applicant's records. The inventory
shall be attached to and become part of the application.
[Amended 12-22-2008 by Ord. No. 1060]
Fees for distress, close-out, removal and fire sale licenses and removals pursuant to this article shall be as set forth in Chapter 71, Fees.
A licensee hereunder shall:
A.
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.
B.
Refrain from employing any untrue, deceptive or misleading
advertising.
C.
Conduct the licensed sale in strict conformity with
any advertising or holding out incidental thereto.
D.
Keep available at the place a duplicate copy of the
inventory submitted with the application and present the duplicate
of inspecting officials upon request.
E.
Keep any other goods separate and apart from the goods
listed in the filed inventory as being objects of sale and make such
distinction clear to the public by placing tags on all inventoried
goods in and about the place of sale, apprising the public of the
status of all such goods.
F.
Display the license in a prominent place on the window
of the premises where the sale is to be held so that it is clearly
visible from the exterior of said premises.
G.
Keep suitable books and records at the place of sale
and make same available for inspection by the governing body or its
authorized representatives.
The license shall authorize the sale described
in the application for the period of not more than 30 consecutive
days following the issuance thereof. The license shall be renewed,
in the discretion of the governing body, for an additional period
of time not exceeding 30 days, upon the filing of a new application
which must be accompanied with 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.
Upon being issued a license under this article,
the licensee shall surrender to the Township Clerk all other Township
business licenses he may hold at that time applicable to the location
and goods covered by the application for a license under this article.
It shall be unlawful to sell, offer or expose for sale or to list on the inventory required by § 186-2 any stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted, to replenish or add to such stock for the purpose of disposal at sale, or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold, and stock on hand.
Where a person applying for a license operates
more than one place of business, the license issued 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.
The provisions of this article 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.
Persons acting in accordance with their powers and
duties as public officials.
C.
Duly licensed auctioneers, selling at auction.
D.
Any publisher of a newspaper, magazine or other publication,
who published in good faith any advertisement, without knowledge of
its false, deceptive or misleading character, or without knowledge
that the provisions of this article have not been complied with.
No license authorized under this article shall
be issued unless personal property taxes are paid to the date of the
application for the license.
Upon the death of a licensee doing business
in the Township, his heirs, devisees or legatees, or executors or
administrators, shall have the right to apply at any time for a license
under this article.
[Adopted 12-18-1995 by Ord. No. 753 as Sec.
4-4 of the 1995 Revised General Ordinances]
No person shall conduct a casual sale of personal
property without first obtaining a license from the Township Clerk.
As used in this article, the following terms
shall have the meanings indicated:
Sales commonly known as garage sales, lawn sales, attic sales,
rummage sales, or flea markets sales or any similar casual sales of
tangible personal property wherein goods are made available for sale
to the public at large.
A.
There shall be not more than two such sales per year
per household unless otherwise authorized by action of the governing
body.
B.
No goods shall be displayed nor a sale be conducted on premises other than in the driveway, in the garage, or the interior of the premises, or the rear or side yards or front yard, except for that portion of the side yard which protrudes into the front yard, all as defined in Chapter 280, Zoning.
C.
Newspaper advertisements for the sale shall be permitted
as well as a sign on the premises. However, the sign on the premises
shall not be erected more than 48 hours prior to the sale and shall
be removed immediately after the sale.
D.
Where a permit is issued, the permit shall designate
three days during which the sale is permissible under the permit.
An automatic rain date is granted without additional fee.
E.
No off-premises sign shall be permitted.
F.
No goods shall be sold at a casual sale as defined
in this article which have been purchased for sale at a casual sale
nor shall any goods be sold at a casual sale except goods which have
been owned by the owner and at the premises of the owner for six months
prior to the sale.
G.
No sale shall be conducted except during the hours
of 8:00 a.m. to 6:00 p.m., except Sunday when the hours will be 1:00
p.m. to 6:00 p.m.
H.
No tangible personal property shall be sold at a casual
sale, as defined in this article, except pursuant to the issuance
of a license and except in conformity with the restrictions contained
herein.
A.
The application for a license shall be made at least
two days prior to the initial date of the intended sale. The license
shall be prominently displayed on the premises and visible from the
street upon which the sale is conducted throughout the entire period
of the licensed sale.
B.
A person applying for a license shall submit to the
Township Clerk, in writing, the name of the person conducting the
sale; the name of the owner of the property on which the sale is to
be conducted; the location at which the sale is to be conducted; the
number of days of the sale; and the date and nature of any past sales
during the same calendar year.
The person to whom the license is issued and
the owner or tenant of the premises at which the sale is to be conducted
shall be jointly and severally responsible for the maintenance of
good order and decorum on the premises during all hours of the sale.
No loud or boisterous conduct shall be permitted on the premises nor
shall the passage of traffic be in any way impeded.
The occupier of the premises shall not sell
goods at the premises received by him under consignment.
The provisions of this article shall not apply
to or affect the following persons or sales:
A.
Persons selling pursuant to an order or process of
the court.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
Any person selling or advertising for sale an item
or items of personal property which are specifically named and described
in the advertisement and which separate items do not exceed five in
number.
D.
Any sale conducted by any merchant or business establishment
from/or at a place of business which is lawful.
