An Act concerning the sale of certain items on Thanksgiving and supplementing Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. On the fourth Thursday of November, known as Thanksgiving Day, between the hours of 9:00 A.M. and 9:00 P.M., it shall be unlawful for any person in a retail establishment to sell, attempt to sell or offer to sell or to engage in the business of selling clothing or wearing apparel, building and lumber supply materials, furniture, home, business or office furnishings, or household, business or office appliances, except as works of necessity and charity.

b. Any person who violates any provision of this section is a disorderly person and upon conviction for the first offense, shall pay a fine of $250; and for the second offense, shall pay a fine of not less than $250 or more than $1,000 to be fixed by the court; and for the third offense, shall pay a fine of not less than $1,000 or more than $2,000 to be fixed by the court or, in the discretion of the court, may be imprisoned for a period of not more than 30 days, or both; and for the fourth or each subsequent offense, shall pay a fine of not less than $2,000 or more than $5,000 to be fixed by the court, or, in the discretion of the court, may be imprisoned for a period of not less than 30 days or more than six months, or both. A single sale of an article of merchandise of the character prohibited to any one customer, or a single offer to sell an article of such merchandise to any one prospective customer, shall be a distinct violation of this section. The directors, officers, managers, agents or employees of corporations shall be personally liable for these penalties.

c. In addition to the penalties provided for conviction under this section, upon any four convictions for violations of this section, the premises in or upon which the violations occurred shall be deemed a nuisance.

d. As used in this section:

"Building and lumber supply materials" means all items used in the construction of buildings, whether residential or industrial, and particularly, but not limited to lumber, cement, building blocks, sashes, frames, windows, doors and related items.

"Clothing and wearing apparel" means any article or articles to be worn on the person by man, woman, or child as bodily covering or protection, including garments of all types, headwear and footwear.

"Engage in selling" means the attempt to sell or to induce an immediate or future transfer of any such merchandise by describing, explaining, extolling or identifying any such merchandise while the seller is in personal contact with the potential purchaser. "Furniture" means all articles of furniture used inside or outside a house or office, including chairs, tables, beds, desks, wardrobes, dressers, bureaus, cupboards, cabinets, bookcases, sofas, couches, and related items; and materials especially designed and prepared for assembly into furniture; and all such furniture, whether finished or unfinished, painted or unpainted.

"Home, business or office furnishings" means items of equipment and furnishings used in a home or office, including floor coverings, lamps and lighting fixtures, household linens, drapes, blinds, curtains, mattresses, bed coverings, mirrors, china, kitchenware and kitchen utensils, silverware, cutlery.

"Household, business, or office appliances" means stoves, heating devices, cooking equipment, refrigerators, air conditioning equipment, electric fans, clocks, radios, toasters, television sets, washing machines, dryers, and all such electrical and gas appliances used in the home.

"Offer to sell" means the acceptance of bids or proposals for the purchase of goods at a future date or the attempt to induce a sale as hereinabove defined, or the attempt to induce an immediate transfer of any such merchandise, but shall not include advertising or display of any such merchandise.

"Retail establishment" means any store where clothing or wearing apparel, building and lumber supply materials, furniture, home, business or office furnishings, or household, business or office appliances, are sold, including any shopping mall, and that has at least 20,000 square feet of gross building area.

"Sell" means to enter into an agreement whereby the seller transfers ownership of property in the goods or an interest in the goods to the purchaser for a consideration, whether or not the transfer is for immediate or future delivery, and whether or not the transaction is regarded as absolute, conditional or secured, and whether or not immediate consideration is paid therefor. The acceptance of a deposit for future delivery of any such merchandise, or an agreement for future delivery of any such merchandise, whether or not immediate consideration is paid therefor, shall also be deemed a sale for purposes of this section.

2. This act shall take effect immediately.

STATEMENT

This bill prohibits the sale of certain items in large retail establishments between the hours of 9:00 A.M. and 9:00 P.M. on Thanksgiving. A "retail establishment" is defined in the bill to mean any building where clothing or wearing apparel, building and lumber supply materials, furniture, home or business or office furnishings, household, business or office appliances, are sold, including any mall, and that has at least 20,000 square feet of gross building area.

The bill provides that on the fourth Thursday in November, known as Thanksgiving Day, it shall be unlawful for any person in a retail establishment to sell, attempt to sell or offer to sell or to engage in the business of selling clothing or wearing apparel, building and lumber supply materials, furniture, home or business or office furnishings, household, business or office appliances, except as works of necessity and charity.

A violation of the bill's provisions is a disorderly person offense. A person who violates the bill's provisions, upon conviction for the first offense, may be subject to a fine of $250; and for the second offense, a fine of not less than $250 or more than $1,000 to be fixed by the court; for the third offense, a fine of not less than $1,000 or more than $2,000 to be fixed by the court and, in the discretion of the court, may be imprisoned for a period of not more than 30 days; and for the fourth or each subsequent offense, a fine of not less than $2,000 or more than $5,000 to be fixed by the court, or, in the discretion of the court, may be imprisoned for a period of not less than 30 days or more than six months, or both. A single sale of an article of merchandise of the character prohibited by the bill to any one customer, or a single offer to sell an article of such merchandise to any one prospective customer, is a distinct violation of the act. The directors, officers, managers, agents or employees of corporations are personally liable for these penalties.

In addition to these penalties, the bill provides that, upon any four convictions for violations of the bill, the premises in or upon which the violations occurred shall be deemed a nuisance.