[HISTORY: Adopted by the City Council of the City of Passaic 11-7-1985 as Ord. No. 895-85. Amendments noted where applicable.]
The following shall apply in the interpretation of this chapter and shall have the meanings indicated:
- Includes any goods, wares, merchandise or any other property capable of being the object of a sale regulated hereunder.
- SALES, GARAGE, YARD, PORCH, ETC.
- A sale conducted on a residential premises and held out in such a manner to reasonably cause the public to believe that the sale will offer goods previously acquired by the person or persons conducting the sale for their own use and now offered for sale, because they are no longer useful to or desired by the seller. Such sale acquires its descriptive name relative to its location on the premises, and such descriptive name shall not be limiting in the application of this definition, which shall apply to any sale held outside the dwelling unit on a residential property.
- SALES, HOUSE
- A sale conducted within a dwelling unit wherein no merchandise is visible from the street or any adjacent premises and held out in such a manner as to reasonably cause the public to believe that the sale will offer goods which were previously acquired by the person or persons conducting the sale for their own use and enjoyment and which are now offered for sale, because they are no longer useful to or desired by the owner and because the owner/tenant of the dwelling unit in which the sale is held has sold said unit or terminated the tenancy thereof as of a date no more than 30 days after the date or dates of the sale.
Any person who is denied a license by the City Clerk shall have the right to a review of such denial by the City Council by filing a written petition for such review to the City Council within five days of the date of such denial.
[Amended 8-8-2017 by Ord. No. 2120-17]
Any person who has held a sale regulated by this chapter, either individually or in association with others, at the location indicated within the application shall not be granted a license for another sale for such location for a period of 90 days from the date of such sale.
Licensing period. The license shall authorize the sale described in the application for a period of not more than three days within a thirty-day period, except for house sales, which may be authorized for a period of not more than seven days within a thirty-day period.
[Amended 8-8-2017 by Ord. No. 2120-17]
The name and address of the owner of the goods to be the object of the sale. If two or more unrelated persons are conducting the sale jointly, the names and addresses of all such persons shall be supplied.
A description of the place where such sale is to be held.
The nature of the occupancy, whether ownership or tenancy, and, in the case of house sales, the effective date of termination of such occupancy.
The dates of the period of time in which the sale is to be conducted, including rain dates, if applicable, and the hours of sale.
License fee. Any applicant for a license shall submit to the City Clerk with the application a license fee of $5 for the initial applicant and an additional $2 per person for each unrelated person participating in a joint sale. For the purposes of this section, "unrelated person" shall refer to the head of the household only, and member of the household of such unrelated person shall not be counted for the purpose of determining the license fee.
A license shall be issued on the following terms:
Licensing period. The license shall authorize the sale described in the application for a period of not more than three consecutive days, except for house sales which may be authorized for a period of not more than seven consecutive days or three consecutive days on each of two consecutive weekends.
Nature of sale. The license shall authorize only the one type of sale described in the application of the location named therein.
Nontransferability. Any license herein provided for shall not be assignable or transferable.
The license shall:
Make no additions during the period of the licensed sale to the goods originally offered, except such goods as shall have been in his/her possession prior thereto. No goods shall be acquired by the licensee for the purpose of resale at any sale regulated hereunder.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct no sales prior to 8:00 a.m. or after 6:00 p.m.
Place no goods or signs or other materials in or on the public right-of-way or in any way interfere with the free flow of pedestrian or vehicular traffic thereon.
Comply at all times in all ways with the provisions of this chapter and any and all other applicable codes and regulations of the City of Passaic, County of Passaic and State of New Jersey.
Violation of any portion of this chapter shall subject the violator to a fine not to exceed $1,000 or imprisonment for not more than 90 days, or both. For violations of the days of sale, a minimum fine of $25 per day shall be imposed.
Anyone convicted of a violation of this chapter shall be denied a license to conduct a sale regulated under this chapter, or to participate in any such sale, for a period of three years. Anyone twice convicted shall be forever barred from conducting such sale or participating therein.