[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth as indicated in article histories. Amendments noted where applicable.]
Fees and license — See Ch. 91
Garage sales — See Ch. 104.
Peddling and soliciting — See. Ch. 144
Streets and sidewalks — See Ch. 170.
Editor's Note: The former title of this chapter, Sales, Special, was amended 2-26-1997 by Ord. No. 97-2.
Article I Special Sales
Article II Storage and Display of Merchandise on Sidewalks and Open Areas
[Adopted 8-10-1976 by Ord. No. 76-18]
Word usage. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular. The word "shall" is always mandatory and not merely directory.
Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Borough of Kenilworth.
- The Clerk of the Borough of Kenilworth.
- FIRE AND OTHER ALTERED GOODS SALE
- 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, auction sale, bankrupt, benefit of administrators, benefit of creditors, benefit of trustees, building coming down, closing, creditors' committee, creditors, 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, closing out sale of any kind.
- 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 or organization of any kind.
- 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 goods on hand and will then move to and resume business at a new location in the Borough or will then continue business from other existing locations in the Borough.
A license issued by the Clerk 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:
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.
Upon the death of a person doing business in the Borough, his or her heirs, devisees or legatees 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 last 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 issued 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 article shall not apply to or affect the following persons:
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 wherein articles are sold pursuant to an order or process of a court of competent jurisdiction or are sold as part of the estate of a deceased or incompetent person.
Persons conducting a sale of the type regulated herein on the effective date of this article, unless such sale is continued for a period of more than five days from and after such effective date, in which event such person, at the lapse of said five-day period, shall comply with the provisions of this article.
Any publisher of a newspaper, magazine or other publication who publishes in good faith any advertisement, without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this article have not been complied with.
Written information required. A person desiring to conduct a sale regulated by this article shall make a written application to the Clerk, setting forth and containing the following information:
The true name and address of the owner of the goods to be the subject of the sale.
The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition.
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 the applicant's records. Said inventory shall be attached to and become part of the required application.
Bona fide orders. 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.
Goods purchased for sale hereunder. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the business hereby affected within 30 days before the filing of an application hereunder shall be deemed to be of such character.
License fee. Any applicant for a license hereunder shall submit to the Clerk with his application a license fee as provided in Chapter 91, Fees and Licenses. Any applicant for a renewal license hereunder shall submit to the Clerk with his renewal application a renewal license fee as provided in Chapter 91, Fees and Licenses.
[Amended 9-11-1979 by Ord. No. 79-19]
A license shall be issued hereunder on the following terms:
Licensing period. The license shall authorize the sale described in the application for a period of not more than 21 consecutive days, Sundays and legal holidays excluded, following the issuance thereof.
Renewal procedure. The Clerk shall renew a license for one period of time only, such period to be in addition to the 21 days permitted in the original license and not to exceed 14 consecutive days, Sundays and holidays excluded, when he finds:
That facts exist justifying the license renewal.
That the licensee has filed an application for 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, any application for a license under the provisions of this article, covering any 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 the one type of sale described in the application at the location named therein.
Salable 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 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.
Nontransferability. Any license herein provided for shall not be assignable or transferable.
A licensee 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 properly. Refrain from employing any untrue, deceptive or misleading advertising.
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 copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request.
Segregate noninventoried goods. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of all such goods.
Display the license issued hereunder prominently throughout the entire period of the sale on the premises involved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code. Each day of sale in violation of any or all of the provisions of this article shall be a separate offense.
[Adopted 2-26-1997 by Ord. No. 97-2]
As used in this article, the following terms shall have the meanings indicated:
- The same definition as stated in § 120-1.4.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
- Includes any natural person, corporation, partnership, limited liability company, association or firm.
- VACANT LOT
- A lot as defined herein which does not have a principal structure located thereon.
It shall be unlawful for any person to store or display merchandise or any other tangible personal property upon any sidewalk or within the right-of-way of any opened street or on any vacant lot within the Borough of Kenilworth, with the following exceptions:
The governing body may, by resolution, suspend the operation of this article for community-wide special occasions or sales promotion days. Said resolution may establish rules and regulations governing displays and sales of merchandise during the community-wide special occasions or sales promotion days.
The governing body may, by resolution, suspend the operation of this article for temporary patriotic, civic or charitable purposes.
The governing body may, by resolution, suspend the operation of this article for the display and sale of seasonal merchandise or displays associated with traditional state and national holidays.
In every instance where the terms of this article are suspended by the governing body or unless otherwise exempt under Chapter 144, § 144-14, of the Borough Code, and unless otherwise specifically provided for in the resolution, no storage, display or sale shall be conducted in a zone district in which it would otherwise be prohibited.
Nothing contained herein shall be construed or interpreted to waive the application and permit requirements of Chapter 144, Peddling and Soliciting.
Any person, firm or corporation who or which violates any provision of this article shall, upon conviction, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Municipal Court shall have jurisdiction over proceedings to enforce the provisions of this article.
The Borough Police Department and Zoning Officer shall have the authority to enforce the provisions of this article.