[HISTORY: Adopted by the Township Committee of the Township of Colts Neck as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licenses — See Ch. 145.
[Adopted 6-30-1977 (Ch. 52, Art. I, of the 1969 Code); amended in its entirety 8-11-2004]
As used in this article, the following terms shall have the meanings indicated:
AUCTION
The buying and selling of real and personal property through open public bidding.
FLEA MARKET
A sale of items of new or used tangible personal property, wherein on one location there are multiple vendors occupying a space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.
GARAGE SALE
Occasional sale by a householder of personal property accumulated in the normal use of a dwelling as a residence and no longer needed by the occupants, offered for sale in the dwelling, appurtenant garage or other outbuilding on the property or appurtenant yard.
PERSON
Includes individuals and/or household entity, partnerships, voluntary associations and corporations.
SALES
Includes garage sales, auctions and flea markets and shall be applicable to each one.
A. 
It shall be unlawful for any person to conduct a garage sale, auction or flea market in the Township of Colts Neck without first filing with the office of the Township Clerk of the Township of Colts Neck the information herein specified and obtaining a license to do so. A separate application, license and fee shall be required for each separate location from which an applicant proposes to conduct a sale. A fee for the issuance of a license hereunder shall be charged as follows:
(1) 
Garage sale license: $10.
(2) 
Auction: $200 for first day; $100 per day thereafter, with a maximum of three days.
(3) 
Flea market: $500 for first day; $250 per day thereafter, with a maximum of three days.
B. 
No license fee shall be required for any applicant who is a bona fide charitable, nonprofit, religious or civic organization.
Such licenses shall be issued to any one person only twice within a twelve-month period, and no such license shall be issued for more than three consecutive calendar days. Charitable, nonprofit, religious and/or civic associations may be allowed more than two licenses with the approval of the Township Committee. Each license issued under this article must be prominently displayed on the premises upon which the sale is conducted throughout the entire period of the sale.
The information to be filed with the office of the Township Clerk pursuant to this article shall be as follows:
A. 
The name of the person conducting the sale.
B. 
The name of the owner of the property on which said sale is to be conducted and consent of the owner if the applicant is other than the owner.
C. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale.
E. 
The date and nature of any past sale.
F. 
A sworn statement or affirmation by the person signing that the information therein given is full and true and known by him or her to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
The office of the Township Clerk shall maintain records setting forth the names and addresses of persons who are issued licenses pursuant to this article. The office of the Clerk shall assign a number to each license that is issued pursuant to this article.
All signs displayed in connection with said sales shall be posted in accordance with § 102-106. All such signs should conspicuously set forth the number issued to the licensee by the office of the Township Clerk and should, in a conspicuous place, set forth the date when such license was issued.
The provisions of the within article shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to any order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business within a business zone within the Township of Colts Neck for the disposal of excess or seasonal inventory or of fixtures accumulated in the regular course of business at the premises where the sale is held and no part of which has been purchased or acquired or moved to the premises for the purpose of the sale, provided that there is provision for adequate off-street parking for vehicles at said business establishment.
This article shall be enforced by the Construction Official within the Township of Colts Neck, or any of his or her designees, the State Police, the special police of the Township of Colts Neck and/or the Civil Defense Auxiliary Police Force of the Township of Colts Neck. Such persons shall have the authority to investigate any violations of this article coming to their attention, whether by complaint or arising from their own personal knowledge, and if a violation is found to exist, such persons or any of them may prosecute a complaint before the local Municipal Court pursuant to the provisions of the within article.
The person to whom the sale license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of said sale or activity. No such person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable order of any member of the State Police, the special police of the Township of Colts Neck and/or the Civil Defense Auxiliary Police Force of the Township of Colts Neck in order to maintain the public health, safety and welfare.