[HISTORY: Adopted by the Borough of Rutherford Council 6-21-1960
by Ord. No. 1807. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
The Borough of Rutherford.
The Clerk of the Borough of Rutherford.
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.
Any person, firm, partnership, association, corporation, company,
organization or entity or any kind.
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 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.
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 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.
A.
Written information required. A person desiring to conduct
a sale regulated by this chapter shall make a written application to the License
Officer setting forth and containing the following information:
(1)
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 conducted.
(5)
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.
(6)
The means to be employed in advertising such sale together
with the proposed content of any advertisement.
(7)
A complete and detailed inventory of the goods to be
sold at such sale as disclosed by applicant's records. Said inventory shall
be attached to and become a part of the application required under this chapter.
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 a character.
B.
License fee. Any applicant for a license hereunder shall
submit to the License Officer with the application for license a license fee
of $5. Any applicant for renewal of any license granted hereunder shall submit
to the License Officer with his application for renewal a renewal license
fee for $5.
A.
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, Sunday and holidays excepted,
when the License Officer finds that facts exist which justify the license
renewal; that the licensee has filed a written application for said 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 subsection, an 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.
B.
Nature of sale. The license shall authorize only one
type of sale described in the application at the location named therein.
C.
Salable goods. The license shall authorize only the sale
of goods described in the inventory attached to the application.
D.
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.
E.
Nontransferability. Any license hereunder provided for
shall not be assignable or transferable.
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 License Officer.
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 goods on sale and make such distinction clear
to the public.
Any person, firm or corporation violating any of the provisions of this
chapter shall, upon conviction thereof, be fined in an amount not exceeding
$100 or be imprisoned for a period not exceeding 30 days, or both, in the
discretion of the Judge. Each day any such violation is committed or permitted
to continue shall constitute a separate offense punishable as such hereunder.
If any section, subsection, sentence, clause, phrase or portion of this
chapter is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distant and
independent provision and such holding shall not affect the validity of the
remaining portions hereof.
Any and all ordinances or parts of ordinances conflicting or inconsistent
with any of the provisions of this chapter are hereby repealed but only to
the extent of any such conflict or inconsistency.
This chapter shall take effect upon its passage and publication according
to law.