[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:
The buying and selling of real and personal property through open
public bidding.
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.
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.
Includes individuals and/or household entity, partnerships, voluntary
associations and corporations.
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:
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.
[Amended 3-8-2006]
A violation of any provision of this article shall be punishable as provided in § 1-9 of this Code.
