[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.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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:
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 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]
A.
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.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
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.
(6)
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.
(7)
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.
(8)
A description of the place where such sale is to be
held.
(9)
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
(10)
The dates during which the sale is to be conducted.
(11)
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.
(12)
The means to be employed in advertising such sale,
together with the proposed content of any advertisement.
(13)
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.
C.
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.
D.
Upon return of said application and reports, the City
Clerk shall submit the same to the Municipal Council for its consent
and approval.
E.
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.
A.
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]
(1)
Facts exist justifying the license renewal.
(2)
The licensee has filed an application for renewal.
(3)
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.
B.
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.
A.
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.
B.
Refrain from employing any untrue, deceptive or misleading
advertising.
C.
Conduct the licensed sale in strict conformity with
any advertising or representation incident thereto.
D.
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.
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.
