As used in this chapter, the following terms
shall have the meanings indicated:
ADVERTISE, ADVERTISEMENT, ADVERTISING
Includes any and all means of conveying to the public notice
of a sale or notice of intention to conduct a sale, and specifically,
although not exclusively, includes advertising by outside or inside
signs, including billboards, neon or other electrical signs, advertising
by radio, television, telephone, newspaper, magazine, book, notice,
circular, pamphlet, letter, handbill, poster, placard, card and any
and all other means, including oral, written or printed.
CLOSE-OUT SALE
Includes the sale or an offer to sell to the public goods
on hand and in stock, in connection with a declared purpose as set
forth by advertising that such sale is anticipatory to the termination,
closing, liquidation, division, windup, dissolution, conclusion or
abandonment of the business in connection with such sale. "Close-out
sale" shall also include any sale advertised to be a fire sale, smoke
sale, water damage sale or any and all sales advertised in such manner
as reasonably to convey to the public that damaged or soiled goods
are offered for sale. "Close-out sale" shall also include any sale
advertised to be a removal sale, going-out-of-business sale, loss
of lease sale or any type of sale so advertised as reasonably to convey
to the public that upon the disposal of the stock of goods on hand
the person conducting the sale will cease and discontinue business
at the place of sale.
GOODS
Includes any goods regulated under this chapter.
The following persons shall be exempt from the
provisions of this chapter:
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.
No person shall advertise or conduct any close-out
sale without first obtaining a close-out sale license, as hereinafter
provided in this chapter.
Upon receipt of an application for a license
with the required fee, the Licensing Division shall set forth a date
on which the Council will hold a public hearing on the application
and shall so notify the applicant, in writing, of the date, time and
place of such hearing.
As a condition precedent to the granting of
a license under this chapter, the applicant shall enter into and deliver
to the Licensing Division a bond in favor of the City in the sum of
$500 with two responsible freeholders as sureties or, in lieu thereof,
a bond of a surety company, authorized to do business under the laws
of the State of New Jersey, which bond shall first be approved by
the Corporation Counsel as to form and sufficiency. The bond shall
be forfeited upon a showing that the applicant has willfully misrepresented
any material fact required in the application.
[Amended 10-9-2018 by Ord. No. 18-045]
A. The applicant for a license under this chapter shall
submit to the Licensing Division a license fee of $250 with his or
her application.
[Amended 12-2-2003 by Ord. No. 03-079; 11-9-2010 by Ord. No.
10-058]
B. An applicant for a renewal license shall submit to
the Licensing Division a renewal license fee of $250 with his renewal
application.
[Amended 12-2-2003 by Ord. No. 03-079; 11-9-2010 by Ord. No.
10-058]
C. If the application for a license is disapproved by
the Council, 50% of the license fee or renewal license fee paid shall
be retained by the Licensing Division to defray the cost of investigating
the statements in the application, and the balance of the fee shall
be returned to the applicant.
No license shall be issued to:
A. Any person who, either directly or indirectly and
within one year prior to the date of the application, has conducted
a sale licensed under this chapter.
B. Conduct a sale under this chapter where a similar
sale has been held at the same premises within a period of one year
from the date of the expiration of the previous license.
C. Any person who has not owned the business advertised
or described in the application for a period of at least six months
prior to the date of the filing of the application, except where:
(1) A person who was the owner of the business in the
City dies; or
(2) The goods, owned by the applicant, have been damaged,
destroyed or affected by fire, smoke or water at a time when the goods
were physically located in the City.
In addition to the penalty provided in §
395-20, any license may be revoked by the Council, after due notice and hearing, for violation of any of the provisions of this chapter or if the licensee has made any material misstatement in his application. A license may be suspended pending such hearing, as provided in §
395-17B, provided that, within 15 days of written notice of suspension given to the licensee, the licensee shall be granted a hearing before the Council, after which the Council shall determine whether to set aside the suspension or revoke the license. The notice of suspension shall fix the date and time and place of hearing.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$1,000, by imprisonment not exceeding 90 days or by a period of community
service for not more than 90 days, or any combination thereof. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.