[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:
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.
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,
internet and any and all other means of advertisement, oral or written.
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:
A.
The names and addresses of the owners of the goods to be the object
of the sale.
B.
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.
C.
A description of the place where such 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 or 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 said sale, together with
the proposed content of any advertisement.
H.
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.
[Ord. No. 53-2014]
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:
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 of sale a duplicate copy of the inventory
submitted with the application and present such duplicate to 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, appraising 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 Township Council or its authorized
representatives.
H.
Not permit any walking billboards and/or manned signs.
[Ord. No. 53-2014]
I.
Not cause any sign to be affixed in any form to utility poles, lightstands
and/or trees.
[Ord. No. 53-2014]
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:
A.
Any fraud, misrepresentation or false statement contained in the
application.
B.
Any fraud, misrepresentation or false statement made as to the inventory,
stock sold or stock on hand.
C.
Any violation of this chapter.
D.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
E.
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.
[Ord. No. 53-2014]
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:
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 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.
