[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council) of the Borough of Bradley Beach 4-26-1977 (Sec. 5-9 of the 1974 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their deviations shall have the meanings given herein:
- The Borough of Bradley Beach.
- BOROUGH LICENSING OFFICER
- Borough Clerk.
- FIRE AND OTHER ALTERED GOODS SALE
- 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.
- GOING-OUT-OF-BUSINESS SALE
- 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 being demolished; creditor's committee; creditors; end; executor's; final day; forced out; forced out of business; insolvents; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver; trustee's; quitting business. Any person by his deviation from the customary methods of business operations such as the failure to order seasonal merchandise, failure to renew lease, termination of employment of regular employees, employment of special sales techniques and personnel or who shall conduct himself and the operation of his business in such a manner so as to give reasonable cause to believe that, upon the disposal of the stock or goods on hand, the business will cease and be discontinued shall be deemed to be going out of business.
- Includes merchandise or other property capable of being the object of a sale regulated hereunder.
- Any person, firm, partnership, association, corporation, company, organization or entity 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 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 licensing 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 of sales as herein defined:
Any person who has not been the owner of a business advertised or being 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.
Any person who intends to cease and discontinue the operation of his business shall be required to secure a license and shall come within the provisions of this chapter.
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;
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 person desiring to conduct a sale regulated by this chapter shall make written application under oath to the licensing officer setting forth and containing the following information:
The true name and address of the owner of the goods to be sold.
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 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 affiant 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 any 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.
All applications for licenses shall be kept on file by the said licensing officer, and a record shall be kept here of all licenses issued upon such applications.
Any applicant for renewal of any license granted hereunder shall submit to the licensing officer, with his application for renewal, a renewal license fee of $100 for an additional period not exceeding 10 days.
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 licensing 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 10 consecutive days, Sundays and holidays excepted, when the licensing officer finds that facts exist justifying 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 purpose 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.
Nature of sale. The license shall authorize only 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 licensing 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.
Nontransferability. Any license herein provided for shall not be assignable or transferable.
Inspection of licensing officer. The Borough licensing 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 licensing officer, or any person designated by him for that purpose, all the facts connected 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.
A licensee hereunder 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 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 licensing officer.
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 of the inventory submitted with the application and present the same to the inspecting officials upon request.
Segregate noninventories goods. Keep any other goods separate and apart from the goods for sale and make such distinction clear to the public.
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.