[HISTORY: Adopted by the Township Committee of the Township of Union as indicated in article histories. Amendments noted where applicable.]
Article I Going-Out-of-Business, Fire and Other Sales
Article II Garage and House Sales; Flea Markets
[Adopted 3-8-1960 by Ord. No. 1904 (Ch. 221, Art. I of the 1986 Code)]
Word usage. Where not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Words defined. As used in this article, the following terms shall have the meanings indicated:
- The Township Clerk of the Township of Union in the County of Union.
- 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.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PUBLISH, PUBLISHING, ADVERTISEMENT, 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 and any and all other means, 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.
- 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 such sale is anticipatory to the termination, closing, liquidation, revision, windup, 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 closeout 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.
- The Township of Union in the County of Union.
- TOWNSHIP COMMITTEE
- The Township Committee of the Township of Union in the County of Union.
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 article.
A person desiring to conduct a sale regulated by this article shall make a written application to the Township Clerk, setting forth and containing the following information:
The true names and addresses of the owners of the goods to be the object of the sale.
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.
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 of 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 the applicant's records. Said inventory shall be attached to and become part of the application.
[Amended 12-13-1988 by Ord. No. 3997; 9-10-2002 by Ord. No. 4745]
Any applicant for a license hereunder shall submit to the Township Clerk with his application a license fee of $125.
[Amended 9-13-1994 by Ord. No. 4351]
The license shall authorize the sale described in the application for a period of not more than 90 consecutive days following the issuance thereof. Subject license may not be renewed.
The license shall authorize only the type of sale described in the application at the location named therein.
The license shall authorize only the sale of the goods described in the inventory attached to the application.
Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the Township Clerk all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this article.
Any license provided for herein shall not be assignable or transferable.
A licensee hereunder shall:
Make no additions whatsoever during the period of the license 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 license sale in strict conformity with any advertising or holding out incident thereto.
Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall 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 shall 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.
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.
Suitable books and records shall be kept at the place of sale and shall be made available for inspection by the Township Committee or its authorized representative.
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on the inventory required by § 428-3 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 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 article may be revoked by the Township Committee, 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 article.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed under this article 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.
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address, at least five days prior to the date set for the hearing.
A license may be suspended for not more than five days by the Township Committee upon probable cause being shown that the license should be revoked.
The Township Committee shall hold such hearings and make such investigation as may be necessary to carry out the provisions and intent of this article.
The provisions of this article are intended to augment and be in addition to the provisions of other applicable licensing ordinances of the Township. Where this article imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing ordinance of the Township of Union, then this article shall control.
Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale shall not be granted a license.
Upon the death of a person doing business in this Township his or her heirs, devisees or legatees shall have the right to apply any time for a license hereunder.
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 license sale, nor shall the store or branch conducting the license 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:
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.
Persons conducting a sale of the type regulated herein on the effective date of this article, unless such sale is continued for a period of more than 30 days from and after such effective date, in which event, such person, at the lapse of the said thirty-day period, shall comply with the provisions of this article.
Any publisher of a newspaper, magazine or other publication, who publishes 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 said license.
[Amended 5-26-1970 by Ord. No. 2599; 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998]
Any person who violates any of the provisions of this article shall, upon conviction thereof, be punished by one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section. Each day that a violation shall continue shall constitute a separate offense.
[Adopted 10-25-1977 by Ord. No. 3241 (Ch. 221, Art. II of the 1986 Code)]
As used in this article, the following terms shall have the meanings indicated:
- FLEA MARKET
- A sale of items of tangible personal property wherein on one location
there are multiple vendors who have paid a fee for the privilege of occupying
the space allotted to each such vendor for the purpose of displaying personal
property.[Amended 8-28-1979 by Ord. No. 3401; 7-27-1982 by Ord. No. 3585]
- GARAGE SALE
- Includes but shall not be limited to lawn sales, rummage sales and
any similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of said sale.[Amended 8-28-1979 by Ord. No. 3401; 4-9-1985 by Ord. No. 3777]
- HOUSE SALE
- Includes the sale caused by the removal of the householder from the
premises whereby said householder intends to sell, by lot or in bulk, a portion
or the entire contents of the personal property located within said household.[Added 4-9-1985 by Ord. No. 3777]
[Amended 8-28-1979 by Ord. No. 3401]
No person, firm or corporation may conduct a flea market, other than a bona fide charitable, eleemosynary, educational or cultural organization, organized not for profit and having either an office or a place of operation within the Township of Union and being able to establish that it is such type of nonprofit organization, subject, however, to the following requirements:
Each organization authorized to conduct a flea market in accordance with this section shall file an application with the Township Clerk at least 60 days prior to the date of the commencement of such flea market sale.
Such application shall set forth the following:
Name of organization conducting said sale.
Name and address of owner of the property upon which said flea market sale is to be conducted.
Written consent of owner, if applicant is other than owner.
Street address or tax map reference of location at which said flea market sale is to be conducted.
Number of days of sale.
Date, if any, of prior sales within three years prior to date of application.
Whether or not sale will be held indoors or outdoors.
Date or dates of sale.
Address of office or other place of operation within the Township of Union.
No more than two permits to any one such organization shall be authorized in any one calendar year.
Such flea market sales shall be limited to two consecutive calendar days and shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m. Three consecutive hours of operation shall constitute one calendar day. Permittees shall be allowed a maximum of two rain dates; provided, however, that after three consecutive hours of operation, a sale interrupted by rain shall not entitle the permittee to a rain date.
The permit for the conducting of such sale must be prominently displayed upon the premises upon which the sale is conducted throughout the entire period of the sale.
[Amended 4-9-1985 by Ord. No. 3777]
Any person may conduct a garage sale or house sale as herein defined under the following terms and conditions:
An application shall be filed with the Township Clerk prior to the date of the commencement of such garage sale. Such application shall set forth the following information:
Name of person applying for permit.
Name and address of the owner of the property on which said sale is to be conducted.
Written consent of the owner of the property upon which the sale is to be conducted if the applicant is not the owner.
Location at which the sale is to be conducted, giving the street address or tax atlas reference.
Date of sale.
Date of any past sale within a three-year period, preceding the date of the proposed sale.
General description of the type of goods to be sold, including a written statement as to whether or not any of the merchandise to be sold was purchased by the applicant for the purpose of resale, resale of such purchased goods being hereby prohibited.
Whether or not the sale will be held indoors or outdoors.
Upon the filing of the aforesaid application, and the same being reviewed by the Township Clerk and found complete and accompanied by a permit fee of $7, the Township Clerk is hereby authorized to issue a permit for the garage sale or house sale applied for, which said permit shall be subject to compliance with the following restrictions:
[Amended 12-13-1988 by Ord. No. 3997; 7-11-1989 by Ord. No. 4040; 9-10-2002 by Ord. No. 4745]
Hours of sale shall be between 9:00 a.m. and 5:00 p.m. only.
Garage sales shall be authorized only for the day applied for on the application with the following day being authorized as a rain date, excluding Sunday.
House sales shall be authorized for two consecutive or nonconsecutive days, provided that the second day is not scheduled for more than 10 days subsequent to the first day.
No items of merchandise may be displayed beyond 10 feet from the face of a garage connected to the dwelling house. Merchandise may be displayed in a driveway, not, however, beyond the front line of the dwelling house, and merchandise may likewise be displayed in the rear yard of said premises for a depth of 10 feet from the rear wall of said dwelling house.
The permit authorized under this article must be prominently displayed on the premises upon which the sale is being conducted.
Only two permits per calendar year may be issued to any one applicant or for any one location.
[Amended 3-8-1994 by Ord. No. 4300]
Sunday sales are prohibited, except in the case of persons having philosophical religious convictions which are in conflict with this provision. In such cases, such persons may conduct garage sales on Sundays, in place of the Sabbath Day observed by such persons.
[Amended 6-13-1995 by Ord. No. 4394]
No signs advertising said sale are authorized, nor may the same be posted anywhere within the Township or anywhere on the premises upon which the sale shall be held; provided, however, that the permit issued pursuant to this article shall constitute a sign which shall be posted on the front wall of the dwelling house or garage.
Any sale of any item of merchandise at any garage sale or house sale must comply with all appropriate provisions of the law with reference to any such sales, including but not limited to N.J.S.A. 26:10-1 et seq.
No more than two garage sales shall be authorized at any one time on the same street.
[Added 11-25-1986 by Ord. No. 3882]
Notwithstanding the foregoing, the permit fee shall be waived for senior citizens of the Township of Union, aged 62 and over, upon proof of age and residency.
[Added 2-12-1991 by Ord. No. 4132]
Said fees shall also be waived for disabled and handicapped persons of the Township of Union. "Handicapped persons" shall be defined as those persons who qualify under New Jersey motor vehicle statutes. "Disabled persons" shall be defined as those persons who qualify under federal, state, county or local laws and regulations.
[Added 2-12-1991 by Ord. No. 4132]
Said fees shall be waived for all veterans.
[Added 9-10-2002 by Ord. No. 4745]
[Amended 8-28-1979 by Ord. No. 3401]
Immediately upon the conclusion of any sale authorized by this article, the permittee shall be obliged, within 24 hours after the conclusion of said sale, to clean the outside of said premises and remove all unsold merchandise therefrom and restore the same to the condition in which it existed prior to said sale.
Garage sales and flea markets as defined herein and authorized by this article are prohibited upon Township-owned premises, not otherwise leased to third parties by the Township.
The provisions of this article shall not apply to affect the following:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
The selling or advertising for sale of an item or items of personal property, which are specifically described in the advertisement and which separate items do not exceed five in number and which are not displayed outside the premises.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.