[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 4 of Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
Licensed businesses — See Ch. 303.
As used in this chapter, the following terms shall have the meanings indicated:
- FIRE AND OTHER ALTERED-GOODS SALE
- A sale held 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.
- GOING-OUT-OF-BUSINESS SALE
- A sale held in such a manner as to cause the public reasonably to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued. Included among, but not limited to, such sales are sales commonly known or referred to as: "adjustor's sales"; "adjustment sales"; "alteration sales"; "assignee's sales"; "bankrupt sales"; "benefit of administrator's sales"; "benefit of creditor's sales"; "benefit of trustee's sales"; "building-coming-down sales"; "closing sales"; "creditor's committee sales"; "creditor's sales"; "end sales"; "executor's sales"; "final days sales"; "forced-out sales"; "forced-out-of-business sales"; "insolvent's sales"; "last-days sales"; "lease expires sales"; "liquidation sales"; "loss-of-lease sales"; "mortgage sales"; "receiver's sales"; "trustee's sales"; "quitting business sales."
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated under this chapter.
- REMOVAL OF BUSINESS SALE
- A sale held in such a manner as to cause the public reasonably 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 City and will then continue business from other existing locations in the City.
A license, granted by the Council and issued by the City Clerk, shall be obtained by any person before selling or offering to sell any goods at a sale advertised or held out to be a going-out-of-business sale, a removal-of-business sale or a fire and other altered-goods sale, or stock sale.
The provisions of this chapter shall not apply to the following:
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 publishes in good faith any advertisement without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with.
[Amended 11-14-66 by Ord. No. 3728]
Any person desiring a license under this chapter shall file with the City Clerk an original and two copies of an application, under oath, in writing, on a form furnished by the City Clerk.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date and place of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office [The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.]; in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
The name and address of the person from whom the owner purchased the goods to be sold and the price paid therefor or, 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 during 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 expedient disposal of goods and the manner in which the sale will be conducted.
The means to be employed in advertising such sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records. The inventory shall be attached to and become a part of the required application. All goods included in such inventory shall have been purchased by the applicant for a license for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase or addition to the stock of goods of the business within 60 days before the filing of an application shall be deemed to be goods ordered in contemplation of a sale.
Upon receipt of such application, the City Clerk shall submit the same to the Police Department for a report with reference to the truth of the matters contained in the application and to the tax search officer for a report as to whether any personal property taxes are due and owing from the applicant.
Upon return of said application and reports, the City Clerk shall submit the same to the Municipal Council for its consent and approval.
Upon the consent and approval of the Municipal Council, the City Clerk shall issue such a license.
[Amended 7-2-1991 by Ord. No. 5510-91]
The applicant for a license under this chapter shall submit to the City Clerk a license fee of $100 with his application. An applicant for a renewal license shall submit to the City Clerk a fee of $25 with his renewal application.
The license granted by the Council shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof, Sundays and legal holidays excluded.
The Council may renew a license for not more than three additional periods of time, each of such periods not to exceed 20 consecutive days, Sundays and holidays excluded. The Council shall grant such renewal when it finds that:
[Amended 10-17-67 by Ord. No. 3798]
Facts exist justifying the license renewal.
The licensee has filed an application for renewal.
The licensee has submitted to the City Clerk, along with the application for renewal, 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.
For the purposes of this section, any application for a license covering any goods previously inventoried, as required hereunder, shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.
Upon being issued a license for a going-out-of-business sale, the licensee shall surrender to the City Clerk all other business licenses he may hold applicable to the location and goods covered in his application for a going-out-of-business sale license.
Any license issued under this chapter shall not be assignable or transferable.
Any person who has not owned the business described in the license application for a period of at least six months prior to the date of the proposed sale shall not be granted a license. This requirement shall not apply to the personal representatives, heirs, devisees or legatees of any person who dies while in business in the City.
Any person who has held a sale regulated under this chapter at the location stated in the application within one year last past from the date of such application shall not be granted a license.
If the applicant operates more than one place of business, the license issued shall apply to the one store or branch specified in the application. Such store or branch conducting the licensed sale shall not advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
Make no additions, during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the license application.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the licensed sale in strict conformity with any advertising or representation 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 objects of sale. The licensee shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale so as to apprise the public of the status of all such goods.
[Amended 5-9-69 by Ord. No. 3912; 3-17-70 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both.