[HISTORY: Adopted by the City Council of
the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 6, Art. IV, Secs. 6:4-1
through 6:4-8, of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and fees — See Ch. 170.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
- PUBLISH, PUBLISHING, ADVERTISEMENT and ADVERTISING
- Includes any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement and any other means, including oral, written or printed.
- SALE
- The sale or any offer to sell to the public of goods, wares and merchandise, of any and all kinds and descriptions, on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the removal, termination, closing, liquidation, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a "fire sale," "adjustment sale," "creditor's sale," "liquidation sale," "creditor's committee sale," "trustee's sale," "executor's sale," "reorganization sale," "alteration sale," "administrator's sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's closeout sale," "forced-out-of-business sale," "removal sale," "damaged goods sale" and any other sales advertised in such manner as to reasonably convey to the public that, upon the disposal of the stock of goods on hand or upon the end of the sale, the business will cease and be discontinued or be removed to another location or be reorganized.
The provisions of this chapter shall not apply
to or affect the following persons:
A.
Every license
for a sale regulated by this chapter shall expire 60 days after the
date of issuance, and no such license shall be renewed for a period
of one year from the expiration thereof. No such licensee or his executors,
administrators, heirs, successors and assigns shall make an application
for another license until one year has elapsed since the expiration
of the last license issued to conduct a sale at the same place or
any other place within the City.
[Amended 11-10-1980 by Ord. No. 15-1980]
At the time of filing an application for a license
for a sale regulated by this chapter, the applicant shall also file
with the City Clerk an itemized inventory of goods, wares and merchandise
to be sold at such sale, together with the number on hand of each
item, and an authorization permitting the City Clerk or his representative
to enter the place prior to and during the course of the sale to compare
the application with the merchandise and the conduct of the sale.
Such inventory shall be verified by the applicant. If the applicant
is a corporation, the affidavit shall be that of one of its officers.
Each person licensed to conduct a sale regulated
by this chapter shall keep on the premises where the sale is conducted
a duplicate original of the application and stock inventory pursuant
to which such license was issued, and the same shall at all times
be available to the City Clerk, and the licensee shall permit the
City Clerk or his duly authorized representative to examine all merchandise
in the premises for comparison with such stock inventory.
All advertisements or advertising in regard
to sales regulated by this chapter and the language contained therein
shall be in accordance with the purpose of the sale as stated in the
application pursuant to which a license was issued, and the wording
of such advertisements shall not vary from the wording as indicated
in the application. Such advertising shall in no manner or form whatsoever,
either directly or indirectly, indicate that such sale is held with
the approval of the City Clerk. Such advertising shall contain a statement
in these words and no others: "Sale held pursuant to License No. _____
issued by the City Clerk of the City of East Orange, on the _____
day of ___________ 20__," and in such blank spaces shall be indicated
the license number and the date of issuance of the license.
No person shall undertake any sale regulated
by this chapter unless the intent and purpose thereof is consistent
with the advertisement and not as a subterfuge for the continuation
of a business without the removal, termination or other conclusion
of business operation as advertised, nor shall any person utilize
a forced sale as a means of disposition of merchandise not originally
owned by the business, which merchandise is made available by sale
or consignment other than in the ordinary course of the business operation.
No additional merchandise shall be added to
the stock in the place of sale after issuance of the license and during
the sale.
