[HISTORY: 1988 Code §§ 152-1—152-22 adopted as amended through December 31, 2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CLOSE-OUT SALE
- Includes, but is not limited to, the sale or an offer to sell to the public, of 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 such sale is anticipatory to the termination, closing, liquidation, revision, winding up, discontinuance, conclusion or abandonment of the business in connection with such sale. It also includes 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," "adjustor's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out 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.
- FIRE AND OTHER ALTERED GOODS SALE
- 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.
- PUBLISH OR PUBLISHING; ADVERTISEMENT OR ADVERTISING
- 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, internet and any and all other means of advertisement, oral or written.
- REMOVAL OF BUSINESS SALE
- A sale held out in such 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 in the township or will then continue business from other existing locations in the township.
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind herein defined without first obtaining a license therefor in compliance with the provisions of this chapter.
A person desiring to conduct a sale regulated by this chapter shall make a written application to the Township Clerk, including but not limited to the following information:
The names and addresses of the owners of the goods to be the object of the sale.
The 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.
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The dates or the period of time in which the sale is to be conducted.
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.
The means to be employed in advertising said sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at said sale as disclosed by applicant's records. Said inventory shall be attached to and become part of the application.
Any applicant for a license hereunder shall submit to the Township Clerk with his/her application a license fee as provided in Chapter 75, Fees. Any applicant for a renewal license hereunder shall submit to the Township Clerk with his/her renewal application a renewal fee as provided in Chapter 75, Fees.
All license applications under this chapter are subject to an Administrative review as applicable to the application before it is presented to the Township Council for consideration. Upon completion of the Administrative review a written report shall be field with the Township Clerk.
The license shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof. Such license shall be renewed, in the discretion of the Township Council, for an additional period of time not exceeding 30 days upon application being made for such renewal, which such application 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 chapter, the licensee shall surrender to the Township Clerk all other business licenses he/she may hold at that time applicable to the location and goods covered by the application for a license under this chapter.
Any license provided for herein shall not be assignable or transferable.
A license hereunder shall:
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.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the licensed sale in strict conformity with any advertising or holding out incidental thereto.
Keep available at the place of sale a duplicate copy of the inventory submitted with the application and present such duplicate to inspecting officials upon request.
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, appraising the public of the status of all such goods.
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.
Keep suitable books and records at the place of sale and make same available for inspection by the Township Council or its authorized representatives.
Not permit any walking billboards and/or manned signs.
Not cause any sign to be affixed in any form to utility poles, lightstands and/or trees.
It shall be unlawful to sell, offer or expose for sale or to list on the inventory required by § 152-3 of this chapter 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, or to replenish or add to such stock for the purpose of disposal at such sale, or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.
A license or renewal thereof issued pursuant to this chapter may be revoked by the Township Council after notice and hearing for any of the following reasons:
Any fraud, misrepresentation or false statement contained in the application.
Any fraud, misrepresentation or false statement made as to the inventory, stock sold or stock on hand.
Any violation of this chapter.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
Conducting the sale licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
In addition to any penalty prescribed, any license under this chapter is subject to suspension or revocation for violating any provision of this chapter or where the operation of the licensed premises is otherwise detrimental to the preservation of the health, safety and welfare of the public. The licensee shall be served with an written complaint from the Township Clerk's Office along with a notice to appear before the Township Council for a hearing. Such service shall be made by personal service or certified and regular mail at least 10 days before the hearing date. The Township Council after such hearing may suspend or revoke license.
The Township Council shall hold such hearings and make such investigation as may be necessary to carry out the provisions and intent of this chapter.
The provisions of this chapter are intended to augment and be in addition to the provisions of other applicable licensing ordinances of the Township. Where this chapter imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing ordinance of the Township, then this chapter shall control.
Upon the death of a person doing business in this Township, his or her heirs, devisees or legatees, executors or administrators shall have the right to apply at any time for a license under this chapter.
Any person who has held a sale as regulated hereunder at the location stated in the application within one year last past from the date of such application shall not be granted a license.
Where a person applying for a license hereunder 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 chapter shall not apply to or affect the following persons:
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.
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 chapter had not been complied with.
No license authorized under this chapter shall be issued unless all fee(s) owned to the Township including but not limited to water, sewer and property taxes are paid to the date of the application for said license.