[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975 by Ord. No. 297-75 as Section 4-5 of Chapter IV of the Revised General Ordinances of the City of Passaic, 1975. Amendments noted where applicable.]
The following definitions shall apply in the interpretation of this chapter and shall have the meanings indicated:
- FIRE AND OTHER ALTERED GOODS SALE
- A sale held out 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 out in such a 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, alteration, assignee's, bankrupt, benefit-of-administrator's, benefit-of-creditors', benefit-of-trustees', building-coming-down, closing, creditor's-committee, creditor's, end, executor's, final-days' forced-out-of-business, insolvents', last-days, lease expires, liquidation, loss-of-lease, mortgage, receiver's, trustee's, quitting-business.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- REMOVAL OF BUSINESS SALE
- 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 city or will then continue business from other existing locations in the city.
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 review to the City Council within five days of the date of such denial.
Established business requisite. Any person who has not been the owner of a business advertised or described in the application for a license for a period of at least six months prior to the date of the proposed sale shall not be granted a license. However, upon the death of a person doing business in this city, his or her heirs, devisees or legatees shall have the right to apply at any time for a license.
Interval between sales. Any person who has held a sale, at the location stated in the application, within one year from the date of such application, shall not be granted a license.
Restricted location. Where a person applying for a license 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 licensed sale.
Persons exempted. The provisions of this section shall not apply to or affect the following persons:
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 section have not been complied with.
Written information required. A person desiring to conduct a sale regulated by this section shall make a written application to the City Clerk setting forth and containing the following information:
The true name and address of the owner of the goods to be the object of the sale.
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.
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 of the period of time in 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 expeditious disposal of goods thereby 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.
Satisfactory evidence of the payment of all personal property taxes assessed against the personal property by the city, including all the personal property taxes for the current year.
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 part of the required application. This inventory shall include:
Bona fide orders. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders prior to the application without cancellation privileges and shall not comprise goods purchased on consignment.
Goods purchased for sale. Such inventory shall not include goods ordered in contemplation of conducting a sale. Any unusual purchase or additions on the stock of goods of the business hereby affected within 30 days before the filing of a sale application shall be deemed to be of such character.
License fee. Any applicant for a license shall submit to the City Clerk with his application a license fee of $50. Any applicant for a renewal license shall submit to the City Clerk with his renewal application a renewal license fee of $25.
[Amended 4-17-1996 by Ord. No. 1367-96]
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 30 consecutive days, Sundays and legal holidays excluded.
Nature of sale. The license shall authorize only the one type of sale described in the application at the location named therein.
Saleable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
Surrender of general license. 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 at that time applicable to the location and goods covered by the application for a license under this section.
Nontransferability. Any license herein provided for shall not be assignable or transferable.
The City Clerk shall renew a license for one period of time only, such period to be in addition to the days permitted in the original license and not to exceed 30 consecutive days, Sundays and holidays excluded, when he finds that:
Facts exist justifying the license renewal.
The licensee has filed an application for renewal.
The licensee has submitted 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 subsection, any application for a license under the provisions of this section 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.
The licensee shall:
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.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the licensed sale in strict conformity with any advertising or holding-out incident thereto.
Keep available at the place of sale a duplicate copy of the inventory submitted with the application and present such duplicate to inspecting officials upon request.
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 all such goods.