[Adopted 10-11-1976 by Ord. No. 16-1976]
As used in this article, the following terms shall have the meanings indicated:
PRIVATE AUCTION The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises and conducted by a person employed for such purpose, whether compensated or not.
[Amended 7-25-2012 by Ord. No. 35-2012]
PRIVATE PREMISES Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, garage, steps or vestibule belonging or appurtenant to such dwelling, house or other structure.
PRIVATE SALES The sale, barter, exchange or display of any new or used furniture, sporting goods, fixtures, vehicles, equipment, clothing, metal, glass, paper, rubber, synthetics, household goods or rummage conducted upon private premises.
[Amended 7-25-2012 by Ord. No. 35-2012]
[Amended 2-24-1982 by Ord. No. 10-1982; 7-9-1986 by Ord. No. 28-1986; 4-8-1987 by Ord. No. 19-1987; 9-9-2009 by Ord. No. 34-2009; 7-25-2012 by Ord. No. 35-2012]
A. Issuance of permit. The Licensing Officer or designee shall issue a permit authorizing such sale or auction upon submission of the following information:
(1) The date of the sale or auction (limited to two consecutive days with option for rain dates).
(2) The block, lot and street location of the private sale or auction.
(3) The type of merchandise to be sold.
(4) The applicant's/owner's name, including owner's proof of ownership.
(5) If the applicant is not the owner, the applicant must provide written permission from the owner to conduct the sale or auction.
B. Fee. There shall be a fee of $5 for the issuance of such permit.
C. Limitation on permits. No person shall be issued more than four permits within a one-year period, nor shall more than four permits be issued for any one location within a one-year period. In the event that the person making the application for the permit is a nonprofit organization or corporation, i.e., fire companies, rescue squads, churches or the Veterans of Foreign Wars, there shall be issued no more than six permits within a one-year period nor more than six permits for any one location within the same one-year period.
[Amended 12-9-1987 by Ord. No. 60-1987; 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.
[Adopted 7-26-1978 by Ord. No. 18-1978]
A license issued by the Township Licensing Officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds:
A. Going-out-of-business sale.
B. Removal of business sale.
C. Fire, flood and other altered-stock sale.
A license shall be issued hereunder on the following terms:
A. Licensing period. This license shall authorize the sale described in the application for a period of not more than 90 consecutive days, Sundays and legal holidays excluded, unless the licensee actually remains open for business on Sundays and legal holidays, and then those days shall be included. This intention to open for business or to remain closed is to be stated in the application, and the length of the licensing period shall be set forth therein. The licensee shall not advertise more than one such sale in 360 days. The three-hundred-sixty-day period shall commence on the first day of such sale. For any person in violation of this act, each day in violation shall constitute an additional separate and distinct violation.
[Amended 5-10-2006 by Ord. No. 22-2006]
B. Nature of sale. The license shall authorize only the one type of sale described in the application at the location named therein.
C. Saleable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
D. Surrender of general license. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the Licensing Officer 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.
E. Nontransferability. Any license herein provided for shall not be assignable or transferable.
A licensee hereunder shall:
A. Adhere to inventory. 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. Advertise properly. Refrain from employing any untrue, deceptive or misleading advertising.
C. Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising.
D. Keep duplicate inventory. 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.
E. Segregate noninventoried goods. 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 such goods.
[Amended 12-9-1987 by Ord. No. 60-1987; 4-12-2006 by Ord. No. 20-2006]
A. Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.
B. In default of the payment of any fine imposed hereunder, any person convicted of any violation of this article may, in the discretion of the Township Magistrate by whom he was convicted, be imprisoned in the county jail or place of detention provided by the Township for any term not exceeding 90 days.