[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:
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
Persons exempted. The provisions of this section shall
not apply to or affect the following persons:
(1)
Persons acting pursuant to an order or process of a court
of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties
as public officials.
(3)
Duly licensed auctioneers, selling at auction.
(4)
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.
A.
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:
(1)
The true name and address of the owner of the goods to
be the object of the sale.
(2)
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.
(3)
A description of the place where such sale is to be held.
(4)
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
(5)
The dates of the period of time in which the sale is
to be conducted.
(6)
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.
(7)
The means to be employed in advertising such sale, together
with the proposed content of any advertisement.
(8)
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.
(9)
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:
(a)
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.
(b)
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.
B.
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:
A.
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.
B.
Nature of sale. The license shall authorize only the
one type of sale described in the application at the location named therein.
C.
Saleable goods. The license shall authorize only the
sale of goods described in the inventory attached to the application.
D.
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.
E.
Nontransferability. Any license herein provided for shall
not be assignable or transferable.
A.
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:
(1)
Facts exist justifying the license renewal.
(2)
The licensee has filed an application for renewal.
(3)
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.
B.
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:
A.
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.
B.
Refrain from employing any untrue, deceptive or misleading
advertising.
C.
Conduct the licensed sale in strict conformity with any
advertising or holding-out incident thereto.
D.
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.
E.
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.
