[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-16-1975 by Ord.
No. 1046 as Sec. 6-10 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
A sale held out in such a 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.
A sale held out in such a manner as to reasonably cause the public
to believe that, upon the disposal of the stock of 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 creditors; 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; receiver's; trustee's; quitting
business.
Includes any goods, wares, merchandise or other property capable
of being the object of a sale regulated hereunder.
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 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 Clerk 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.
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.
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.
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.
The provisions of this article 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 article have not been
complied with.
A.
In addition to the provisions of Chapter 198, Licensing, the following shall apply:
(1)
The true name and address of the owner of the goods to
be sold. The true name and address of the person from whom the goods to be
sold were purchased and the price paid therefor, and if not purchased, the
manner of such acquisition.
(2)
A description of the place where such sale is to be held.
(3)
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
(4)
The dates of the period of time in which the sale is
to be held, including the reason for the urgent and expeditious disposal of
goods thereby and the manner in which the sale will be conducted.
(5)
The means to be employed in advertising the sale, together
with the proposed content of any advertisement.
(6)
A complete and detailed inventory of the goods to be
sold at such sale as disclosed by the applicant's records. The inventory shall
be attached to and become a part of the application required under this article.
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. The 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.
B.
No license provided for in this article shall be issued
unless and until all taxes and assessments, fees and charges due the Borough
have been paid.
Any applicant for a license hereunder shall submit to the Borough Clerk,
with the application for license, a license fee of $25. Any applicant for
renewal of any license granted hereunder shall submit to the Borough Clerk
with his application for renewal a renewal license fee for $15.
The license shall authorize the sale described in the application for
a period of not more than 30 consecutive days, following the issuance thereof.
The Borough Clerk 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, when the Borough Clerk 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 article 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.
The license shall authorize only one type of sale described in the application
at the location named therein. The license shall authorize only the sale of
goods described in the inventory attached to the application.
Upon being issued a license hereunder for a going-out-of-business sale,
the licensee shall surrender to the Borough Clerk 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 article.
A licensee hereunder shall:
A.
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.
B.
Advertise properly. 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 Borough Clerk.
C.
Adhere to advertising. Conduct the licensed sale in strict
conformity with any advertising or holding out incident thereto.
D.
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.
E.
Segregate noninventoried goods. Keep any other goods
separate and apart from the sale goods and make such distinction clear to
the public.
