[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Mercantile licensing — See Ch. 142.
[Adopted 10-11-1976 by Ord. No. 16-1976]
As used in this article, the following terms
shall have the meanings indicated:
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]
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.
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]
A.
Intent. No private sale or private auction shall be
conducted within the Township except in conformance with the provisions
of this article.
B.
Permit required. No private sale or private auction
shall be conducted within the Township unless a permit shall have
first been issued by the Licensing Officer permitting such sale or
auction.
[Amended 7-9-1986 by Ord. No. 28-1986]
C.
Hours of sale or auction. No private sale or private
auction shall be conducted within the Township except between the
hours of 9:00 a.m. and sunset on the days for which a permit is issued.
No permit shall be issued for more than two consecutive days.
D.
Doors to be detached from certain refrigerators and
iceboxes. No refrigerator or icebox having a capacity of 1 1/2
cubic feet or more, with an attached lid or door which may be opened
and fastened shut by means of an attached latch, lock or other similar
device, shall be displayed, offered for sale or sold at a private
sale or private auction unless the attached lid or door shall first
be removed and detached therefrom.
E.
Exception. Nothing herein contained shall apply to
a sale held under a judicial order, judgment or decree or a writ issued
out of any court or sale to enforce any lawful lien or power of sale.
F.
All persons employed for the purpose of conducting
private sales or private auctions, whether compensated or not, shall
be required to obtain a bond in the sum of $5,000 payable to the Township
of Egg Harbor and to the citizens of the State of New Jersey. The
bond shall ensure that the principal will faithfully conform to each
and all ordinances of the Township of Egg Harbor then in force or
thereafter adopted, related to auction sales or the business of auctioneers.
The bond shall not be void upon the first recovery and may be used
and recovered from time to time until the whole penalty is exhausted.
The life of the obligation of such bond shall be made such that it
will continue for such length of time as such person remains in the
business of conducting auctions as an auctioneer and for 90 days thereafter.
The bond shall be renewed each year so that the full $5,000 is available
at the start of each year the auctioneer engages in such business.
It is further provided that the surety may cancel this bond and be
relieved of any further liability thereunder by giving 120 days' notice
in writing of its desire to do so to the Township of Egg Harbor.
[Added 3-26-1986 by Ord. No. 14-1986]
[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.
Use of terms. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used given herein, shall have the meanings indicated in Subsection B. When 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.
B.
FIRE, FLOOD AND OTHER ALTERED GOODS SALE
GOING-OUT-OF-BUSINESS SALE
GOODS
PERSON
REMOVAL OF BUSINESS SALE
TOWNSHIP
TOWNSHIP LICENSING OFFICER
Terms defined.
A sale held out in such 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 or goods which were on the premises
at the time of the fire or other casualty and not damaged by said
casualty.
A sale held out in such manner as to reasonably cause the
public to believe that upon the disposal of the stock of goods on
hand the business will cease and be discontinued, including but not
limited to the following sales: adjuster's, adjustment, alterations,
assignee's, bankrupt, benefit of administrators, benefit of creditors,
benefit of trustees, building coming down, closing, creditors committee,
creditors end, executor's final days, forced out, forced out of business,
insolvent's last days, lease expires, liquidation, loss of lease,
mortgage sale, receiver's, trustee's, quitting business, rebuilding
and remodeling sale.
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.
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.
The Township of Egg Harbor.
The Licensing Officer of the Licensing Office.
[Amended 7-9-1986 by Ord. No. 28-1986]
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.
B.
Established business requisite. 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 12 months prior to
the date of the proposed sale shall not be granted a license.
C.
Exception for survivors of business persons. Upon
the death of a person doing business in the Township, his or her heirs,
devisees or legatees shall have the right to apply at any time for
a license hereunder.
D.
Interval between sales. Any person who has held a
sale, as regulated hereunder, at the location stated in the application,
within one year last passed from the date of such application, shall
not be granted a license.
E.
Restricted location. 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 license sale.
F.
Persons exempted. The provisions of this article shall
not apply to or affect the following persons:
(1)
Persons acting pursuant to an order or process of
a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and
duties as public officials.
(3)
Duly licensed auctioneers, selling at auction.
(4)
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 persons, at the lapse of said thirty-day period,
shall comply with the provisions of this article.
(5)
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.
A.
Written information required. A person desiring to
conduct a sale regulated by this article should make a written application
to the Licensing Officer setting forth and containing the following
information:
(1)
The true name and address of the owner of the goods
to be the object of the sale.
(2)
The true name and address of the person from whom
he purchased the goods to be sold and the price therefor and, if not
purchased, the manner of such acquisition.
(3)
A description of the place where such sale is to be
held.
(4)
The nature of the occupancy, whether by lease or sublease
and the effective date of the termination of such occupancy.
(5)
The date of the period of time in which the sale is
to be conducted.
(6)
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.
(7)
The means to be employed in advertising such sale
together with the proposed content of any advertisement.
(8)
A complete and detailed inventory of the goods to
be sold at such sale as disclosed by the applicant's records. Said
inventory shall be attached to and become part of the required application.
(a)
Bona fide orders. All goods included in such inventory
shall have been purchased by the applicant for resale on bona fide
orders without cancellation privileges and shall not comprise goods
purchased on consignment.
(b)
Goods purchased for sale hereunder. Such inventory
shall not include goods ordered in contemplation of conducting as
sale regulated hereunder. Any unusual purchase, or additions to the
stock of the goods of the business hereby affected within 30 days
before the filing of an application hereunder shall be deemed to be
of such character.
B.
License fee. Any applicant for a license hereunder
shall submit to the Licensing Officer with his or her application
a license fee of $100. Any applicant for a renewal license hereunder
shall submit to the Licensing Officer with his or her renewal application
a renewal license fee of $100.
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.
