[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 9-6-1967 by Ord. No. 985. Amendments
noted where applicable.]
[Amended 2-20-1980 by Ord. No. 1373]
A.
No person shall advertise, represent or hold out that
any sale of goods, wares and merchandise is an insurance salvage, bankruptcy,
bankrupt stock, mortgage, insolvent, assignee's, executor's, administrator's,
receiver's, trustee's, removal, reorganization, going-out-of-business,
selling-out or a quitting-of-business-at-any-particular-location sale, or
a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise,
or a sale of the goods, wares and merchandise of a former owner thereof, whether
in the seller's own name or that of the former owner, at any location
other than the seller's bona fide retail establishment where he has been
in business for a period of at least one year prior thereto in the town; and
it shall be unlawful for any person in any of the advertising in connection
with any sale, except at a sale conducted at the seller's bona fide retail
establishment where he has been in business for a period of at least one year,
to use the words "bankrupt," "bankrupt stock," "United States District Court,"
"assignee," "receiver" or "trustee," without first filing with the Clerk of
the Town of West New York the inventory hereinafter provided for and obtaining
from the Board of Commissioners a license so to do, to be known as a "closing
out sale license"; provided, however, that nothing in this chapter shall be
deemed to apply to sheriffs, constables and other public or court officers,
or to any other person acting under the direction of any court of record,
selling goods, wares and merchandise in the course of their official duties.
As used in this chapter, the word "person" includes corporations, companies,
associations, societies, firms, partnerships and joint-stock companies as
well as individuals.
B.
In order to preserve the integrity of the holiday retailing
season, no person, firm or entity shall be entitled to obtain a close-out-sale
license, as hereinbefore defined, during the period of November 25 to December
31 of any calendar year. An exception to this provision may be granted in
the discretion of the Board of Commissioners upon terms, upon letter application
and demonstration of good cause and special circumstances by the applicant.
Such application must be submitted no later than 20 days prior to the date
the license is to be effective.
C.
No person, firm or entity shall be entitled to receive
a license for or advertise or represent a close-out sale as hereinbefore defined
unless that applicant intends to permanently close its business in the Town
of West New York. The advertisement or representation of a going-out-of-business
or lost-our-lease situation followed by a relocation to another premises within
the Town of West New York within a one-hundred-twenty-day period succeeding
the expiration date of the license issued or the last date of publication
of the advertisement, whichever is later, is conclusively presumed to be a
deceptive business practice which violates this chapter so as to subject the
violator to the penalties hereinafter set forth.
A.
The fee for licenses required by the preceding section
shall be and the same is hereby fixed as follows and shall be paid to the
Town Clerk:
B.
Only one such license shall be issued to any one such
person, firm or entity or their subsidiary, affiliate or subagent within a
twelve-month period, and no such license shall be issued for more than 90
calendar days from the date the license is issued.
[Amended 7-5-1979 by Ord. No. 1348; 2-20-1980
by Ord. No. 1373]
A.
The inventory required by § 319-1 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the cost price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized, and by affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full and true, and known by him or such agent to be so.
B.
It shall be unlawful to sell, offer or expose for sale
at any such sale or to list on such inventory any goods, wares or merchandise
which are not the regular stock of the store, or other place, the business
of which is to be closed out by such sale, or to make any replenishments or
additions to such stock for the purposes of such sale, or during the time
thereof, or to fail, neglect or refuse to keep accurate records of the articles
or things sold, from which records the License Inspector may ascertain the
kind and quantity or number sold.
The License Inspector may, in his discretion, verify the details of
an inventory filed for the purpose of obtaining a closing out sale license,
or he may make a check and verify the items of merchandise sold during the
sale, and it shall be unlawful for any person to whom a closing out sale license
has been issued to fail or refuse to give the License Inspector, or any other
person designated by him for that purpose, all the facts connected with the
stock on hand or the proper information of goods sold or any other information
that he may require in order to make a thorough investigation of all phases
connected with the sale.
The license to be issued under the provisions of this chapter shall
not authorize any person, except the designated licensee, to engage in business
under such license. Such license shall not be transferable from the person
to whom issued to any other person excepting upon the transferee complying
with all the provisions of this chapter in relation to the original application
and license, and shall then only be transferable in case the original license
fee has been paid. Approval of the transfer may be given by the Board of Commissioners
upon payment of a transfer fee to the town in the sum of 10% of the fee for
the original license.
The license referred to herein shall be on display at all times at the
place designated in the application for such license.
A license may be revoked by the Board of Commissioners for the violation
of the terms of the license or falsification in applying for the license.
Before a license is revoked, the licensee shall be accorded a hearing before
the Board of Commissioners upon at least two days' notice, in writing.
A license may be suspended for not more than two weeks by the Board
of Commissioners upon probable cause being shown that the license should be
revoked.
[Amended 2-20-1980 by Ord. No. 1373]
The License Inspector shall make such investigations as he may deem
necessary in carrying out the provisions of this chapter in relation to suspension
or revocation of licenses. In addition, the License Inspector shall investigate
the facts set forth in the application for the license. In the event the License
Inspector shall, as a result of his investigation, determine that the licensee
has misstated, concealed or misrepresented essential facts or has not lost
its lease or otherwise been faced with a situation equivalent to a bona fide
business termination situation, then in such event, he shall:
This chapter is enacted for the purpose of raising revenue and for the
regulation and control of certain kinds of sales of merchandise.
[Amended 10-19-1977 by Ord. No. 1261; 2-20-1980
by Ord. No. 1373]
Any person violating this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I. Where the violator is not an individual, the punishment shall be by a fine not exceeding $500 enforceable by writ of execution. Any person or entity found to have willfully or fraudulently applied for a license under this chapter without bona fide intent to obtain the license for the purposes set forth in § 319-1 of this chapter shall be punishable as set forth above.
Ordinance No. 978, adopted June 21, 1967, is hereby repealed and any
and all other ordinances or parts thereof inconsistent with this chapter shall
be deemed superseded.
