[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as Secs. 4-7 and 4-8 of the 1987 Revised General Ordinances. Amendments noted where applicable.]
Peddlers, solicitors and transient merchants — See Ch. 484.
As used in this chapter, the following terms shall have the meaning indicated:
- BOROUGH LICENSE OFFICER
- The Clerk of the Borough.
- FIRE AND OTHER ALTERED GOODS SALE
- A sale held out in such 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.
- GOING-OUT-OF-BUSINESS SALE
- A sale held out in such manner as to reasonably cause the public to believe that upon the disposal of the stock or 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 creditor's, benefit of trustees, building coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvents, last days, lease expires, liquidation, loss of lease, mortgage sale, receivors, trustees, quitting business.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- REMOVAL OF BUSINESS SALE
- 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 the goods on hand and will then move to and resume business at a new location or will then continue business from other existing locations.
A license issued by the Borough License Officer, bearing a license number and the date on which the license was issued, shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds, as herein defined:
Going-out-of-business sale; removal-of-business sale; and fire and other altered goods sale.
Established business requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale, shall not be granted a license, provided that upon the death of a person doing business in the Borough, his or her heirs, devisees, legatees or representatives shall have the right to apply at any time for a license hereunder.
Interval between sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year past from the date of such application, shall not be granted a license.
Restricted location. Where a person applying for a license hereunder operates more than one place of business, the license 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.
Persons exempted. The provisions of this chapter shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction, persons acting in accordance with their powers and duties as public officials, duly licensed auctioneers, selling at auction; any publisher of a newspaper, magazine or other publication who in good faith publishes any advertisement without actual knowledge of its false, deceptive or misleading character, or without actual knowledge that the provisions of this chapter have not been complied with.
[Amended by Ord. No. 8-61]
Written information required. A person desiring to conduct a sale regulated by this chapter shall make a written application under oath to the license officer setting forth and containing the following information:
The true name and address of the owner of the goods to be sold.
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The dates of the period of time in which the sale is to be conducted.
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.
The means to be employed in advertising such sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at such sale as disclosed by applicant's records. The inventory shall contain a clear description of each item to be sold with the brand name, if any, total number of each item to be sold, and the date each item was purchased, with invoice numbers for each item, the name of the person from whom purchased, and if not purchased, the manner of such acquisition. The inventory shall be attached to and become a part of the application required under this chapter. The inventory shall be signed by the person applying for the license, or by an authorized agent, and by affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full, complete and true, and known by such affidavit to be full, complete and true. No goods other than that listed in the inventory herein provided for shall be advertised or sold at any sale for which a license is hereby required, and it shall be unlawful for any person to sell, offer, or expose for sale, or advertise for such sale, or to list on such inventory, any goods which are not the regular stock on hand at the store, the goods of which are to be closed out or disposed of through such sale, or to supplement, or to make any replenishments or additions from any manufacturing, jobber, wholesaler, warehouse, storage building or from any other premises, or from any source whatsoever and during the time thereof to advertise or represent the sale as being of the character for which a license is hereby required. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of or for the purpose of conducting any sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the applicant made within 60 days before the filing of an application hereunder shall be deemed to be of such character.
All applications for license shall be kept on file by the license officer and a record shall be kept by him of all licenses issued upon such applications.
License fee. Any applicant for a license hereunder shall submit to the license officer with the application for license, a license fee of $100. Any applicant for renewal of any license granted hereunder shall submit to the license officer with his application for renewal, a renewal license fee of $50.
[Amended by Ord. No. 8-61]
License period and renewal procedure. The license shall authorize the sale described in the application for a period of not more than 30 consecutive days, Sundays and legal holidays excepted, following the issuance thereof. The license officer shall renew a license for one period of time only, such period to be in addition to the 30 days permitted in the original license and not to exceed 30 consecutive days, Sundays and holidays excepted, when the license officer finds that facts exist justifying the license renewal; that the licensee has filed a written application for the renewal; that 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. For the purposes of this section, any application for a license under the provisions of this chapter covering 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.
Nature of sale. The license shall authorize only one type of sale described in the application at the location named therein.
Saleable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
Surrender of general license. Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the license officer 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 chapter.
Nontransferability. Any license herein provided for shall not be assignable or transferable.
Inspection of Licensing Officer. The Borough License Officer or any person designated by him may in his discretion verify the details of any inventory filed, for the purpose of determining the correctness of the same, before issuing a "going out of business sale license," or he may check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom such license has been issued to fail or refuse to give the Borough License Officer or any person designated by him for that purpose, all the facts concerned with the stock on hand or the proper information respecting goods sold, or any other information that he may require in order to make a thorough investigation of all phases connected with the sale.
[Amended by Ord. No. 8-61]
A licensee hereunder shall:
Adhere to inventory. 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.
Advertise property. Refrain from employing any untrue, deceptive or misleading advertising, and in any advertisement by handbills, circulars, placards, signs, notices, newspapers or publication or other advertising, include therein the number and date of the license issued by the License Officer.
Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
Keep duplicate inventory. Keep available at the place of sale a duplicate of the inventory submitted with the application and present the same to inspecting officials upon request.
Segregate noninventoried goods. Keep any other goods separate and apart from the goods for sale and make such distinction clear to the public.
Cease business at conclusion of sale. The licensee of a going-out-of-business sale shall not continue the business beyond the date specified for such sale and shall not, upon conclusion of such sale, continue the business under the same name or under a different name in the same location or elsewhere in the Borough.