[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.]
GENERAL REFERENCES
Peddlers, solicitors and transient merchants — See Ch. 484.
As used in this chapter, the following terms shall have the
meaning indicated:
The Clerk of the Borough.
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.
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.
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:
A.
Going-out-of-business sale; removal-of-business sale; and fire and
other altered goods sale.
A.
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.
B.
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.
C.
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.
D.
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]
A.
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:
(1)
The true name and address of the owner of the goods to be sold.
(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. 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.
(8)
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.
B.
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.[1]
[Amended by Ord. No. 8-61]
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, 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.
B.
Nature of sale. The license shall authorize only one type of sale
described in the application at the location named therein.
C.
Saleable 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 herein provided for shall not be
assignable or transferable.
F.
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:
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 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.
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 for sale and make such distinction clear to the
public.
F.
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.
