[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 Clerk.
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 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.
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:
A.
Persons acting pursuant to an order or process of a court
of competent jurisdiction;
B.
Persons acting in accordance with their powers and duties
as public officials;
C.
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.
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:
(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 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.
B.
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.
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 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.
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 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.
E.
Nontransferability. Any license herein provided for shall
not be assignable or transferable.
F.
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:
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 licensing
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 the inspecting officials upon request.
E.
Segregate noninventories 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.