[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 3-18-1981 by Ord. No. 1457. Amendments noted where
applicable.]
It shall be unlawful for any person to sell,
dispose of or offer for sale in the Town of West New York at public
sale by allocation of space to itinerant merchants, to subdivide space
into separate benches or tables for a mass sale of goods or to conduct
a flea market for sale of any foods, wares or merchandise, real or
personal, unless and until the person desiring to hold such sale shall
obtain a license therefor or is exempted therefrom by the provisions
of this chapter.
A.
Any person desiring to hold any sale, as defined in
this chapter, shall file with the Town Clerk of the Town of West New
York, 30 days previous to the opening day of such sale, written application
showing:
(1)
That said applicant has not been convicted of violating
the laws of the United States or the State of New Jersey or this chapter
or any other ordinance of the Town of West New York or of fraud or
deceit in the conduct of business.
(2)
That no similar sale has been held at the same premises
listed at the location for the sale and that no license has been issued
for the same or similar sale within one year prior to such application.
(3)
That said applicant attach to said application an
itemized list of stock and merchandise intended to be sold and a detailed
diagram and layout of the proposed site, showing placement of booths,
benches or tables for sale of merchandise and the width of passage
aisles.
(4)
That such applicant tender with the application a
bond in the sum of $2,500 conditional for the observance of this chapter
and for the indemnification of any purchaser at such sale applied
for suffering loss by reason of misrepresentation as herein in this
chapter defined.
(5)
That such applicant tender with the application a
license fee in the sum of $250 which shall be returned to said applicant
in the event that said license is not granted and which shall not
be returned to said applicant in the event that said license is granted.
(6)
That the person consents to the forfeiture of the
license in the event that the applicant or any of his servants or
agents are convicted of a violation of any section of this chapter.
B.
Any town-sponsored sale, any church-sponsored sale, and any nonprofit charity-sponsored sale shall be exempt from the requirements of § 201-2A(1), (2), (4), (5) and (6), but shall be required to comply with § 201-2A(3) and shall file an application listing the dates for each sponsored sale for the calendar year, and said dates and sales arrangements shall be subject to the approval of the governing body as to each scheduled sale.
All sales, as defined in this chapter, shall
be held on successive days and shall not continue for more than two
consecutive days from the commencement of said sale. Except as to
town-sponsored events, church and nonprofit charitable events, no
license shall be issued to a person or for a location for the conduct
of any sale such as is regulated by this chapter, who has held such
a sale at any time at that location within a period of one year from
the proposed date of the sale for which the application is made. No
license shall be issued to a person who has been convicted of violating
the laws of the United States or the State of New Jersey or this chapter
or any other ordinance of the Town of West New York or of fraud or
deceit. Any false or fraudulent statement or representations made
by any applicant for the purpose of procuring a license shall be a
violation of this chapter and shall be grounds for revocation of license.
No license shall be issued for any sale which, in the opinion of the
governing body or its designated agent, shall promote unsafe or defective
goods or shall be at an unsafe, dangerous location or shall in any
other manner be contrary to the best interests and public welfare
of the people of the Town of West New York.
No person shall offer for sale or sell at any
sale, as described in this chapter, any jewelry, as described in this
chapter, unless there is securely attached to each of such articles
a tag or label upon which shall be plainly written or printed, in
English, a true and correct statement of the kind and quality of the
metal of which such article is made or composed and the percentage
or karat of purity of such metal; and in case articles are plated
or overlaid, then such tag or label shall contain a true statement
of the kind of plate and the percentage of purity of such plating
and the kind of material or metal covered; and when precious or semiprecious
stones are offered for sale or sold, such written statement shall
set forth the true names, weight, quality and color of said stones,
and imitations shall be described as such; and when watches and clocks
are sold, the true names of the manufacturers shall be stated in writing,
and no parts of the movements or mechanism thereof shall be substituted
or contain false and misleading names or trademarks; neither shall
secondhand or old movements be offered for sale in new cases without
a true statement to that effect.
Such tag or label shall remain securely attached
to any articles or merchandise, shall be delivered to the purchaser
as a true and correct description and representation of the article
sold and shall be deemed prima facie evidence of intent to defraud
in case said written statement is not a true and correct description
and representation of such articles sold.
At any such sale there shall be kept and maintained a sales book, which must identify the article sold and the price paid and which must be signed by the seller of each article before any other article shall be exposed for sale, opposite a description of the articles sold, which shall conform to the description on the tag or label required by § 201-4. Failure to keep and maintain such sales book shall be sufficient cause for the immediate revocation of the license. Said sales book shall be open and available for inspection during business hours.
Licensees shall cause to be delivered to the
purchaser of any diamond or any other precious stones a signed document
containing a description of the article sold and the representations
made in regard thereto at the time of the sale.
It shall be unlawful to conduct any sale governed
by this chapter between the hours of 6:00 p.m. and 8:00 a.m.
It shall be unlawful for any licensee to conduct
any sale during the month of December, and no permit shall be granted
extending the right to hold such sale between the first day of December
and the 31st day of December in any year.
The Director of Public Affairs of the Town of
West New York may revoke the license of any person whenever, in the
judgment of said Director of Public Affairs, the protection of the
public requires that such action be taken.
The Director of Public Affairs of the Town of
West New York shall revoke the license of any person after a conviction
for a violation of this chapter, and an appeal taken from a conviction
of said chapter shall not operate as a stay of the revocation of said
license.
This chapter shall not be applicable to sales
conducted by trustees in bankruptcy, receivers or other public officers
acting under judicial process, except that such public officers acting
under judicial process shall be required to notify the Town Clerk
of such sale at least seven days before the date thereof. This chapter
shall not apply to sales by owners of their own private property at
and from their personal residence. This chapter shall apply to town,
church and charity events except as exempted within the terms of this
chapter.
For the purposes of this chapter, daylight saving
time shall be used when said time is in general use in this municipality;
otherwise, Eastern standard time shall be used.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any individual or individuals, copartners, corporations
or associations; where a statement or act is requested to be made
or done by a corporation, the same shall be effected by its duly authorized
officers.
A license issued to any person in pursuance
of the provisions of this chapter is issued upon the express condition
that it may be revoked in accordance with the provisions of this chapter.
