[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982 as Sec. 4-6 of the 1981 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverage sales — See Ch. 56, Art. I.
Automobile dealers — See Ch. 66.
Business hours — See Ch. 76.
Schedule of Fees — See Ch. 94, Art. VI.
Junkyards — See Ch. 124.
Licensing — See Ch. 137.
Peddling and soliciting-- See Ch. 163.
Secondhand precious metals and gems — See Ch. 186.
Sale of tobacco — See Ch. 220.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING
Any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement and any and all means, including oral, written or printed.
SALE
The sale or an offer to sell to the public, goods, on hand and in stock, in connection with a declared purpose as set forth by advertising on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, division, windup, dissolution, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a fire sale, smoke sale, water damage sale or any and all sales advertised in such manner as to reasonably convey to the public that damaged or soiled merchandise is offered for sale. It shall also include any sale advertised to be a removal sale, going-out-of-business sale, loss of lease sale or any type of sale so advertised as to reasonably convey to the public that upon the disposal of the stock of goods on hand the business will cease and be discontinued.
It shall be unlawful for any person to publish or conduct any sale of the type herein defined without a license therefor.
Application for such license shall be in writing and shall be verified under oath and shall be made to the Municipal Clerk. Such application shall contain:
A. 
A description of the place where such sale is to be held.
B. 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of occupancy.
C. 
The means to be employed in publishing the sale, together with the proposed content of any advertisement.
D. 
An itemized list of the goods, wares and merchandise to be offered for sale.
E. 
The place where such stock was purchased or acquired and, if not purchased, the manner of such acquisition.
Upon filing such application, the Municipal Clerk, after concurrence of the Manager and after investigation thereof, may issue a license, in his/her discretion, for a period not exceeding 30 days.
A. 
Upon satisfactory proof by the licensee that the stock itemized in the original application has not been disposed of, the Borough Council may renew such license for an additional thirty-day period.
B. 
Such proof shall be furnished on a form supplied by the Borough Council. It shall contain an itemized list of stock on hand and shall be verified under oath.
C. 
The Borough Council shall cause the same to be examined and investigated, and if satisfied as to the truth of the statement therein contained, the Borough Council may issue a renewal license for a period not exceeding 30 days; provided, however, that a maximum of three such renewals may be granted for any sale for the same location within one year from the issuance of the original license.
Upon filing an application for an original or renewal license to advertise and conduct such sale, the applicant shall pay to the Municipal Clerk a fee as set from time to time by resolution of the Borough Council. If any such application is disapproved, the payment shall be forfeited to defray the cost of investigating the statements contained in such application.
[1]
Editor's Note: See Ch. 94, Fees, Art. VI, Schedule of Fees.
Upon commencement of any such sale, the license therefor shall be conspicuously displayed near the entrance to the premises.
A. 
A duplicate original of the application and stock list pursuant to which such license was granted shall be available at all times to the Borough Council or to its inspectors or investigators, and the licensee shall permit such inspectors or investigators to examine all merchandise on the premises for comparison with such stock list.
B. 
At the close of business each day, the stock list attached to such application shall be revised and items on such list disposed of during such day shall be noted thereon.
C. 
Suitable books and records as prescribed by the Borough Council shall be kept by that licensee and shall be available at all times to the inspectors or investigators of the Borough Council.
A. 
All advertising shall be descriptive of the nature of the sale as stated in the application. The language in such advertising shall be identical with the advertising content as indicated in the application.
B. 
It shall be unlawful to indicate in the advertising, either directly or indirectly, that the sale is held with the approval of the Borough Council.
C. 
Such advertising shall contain a statement in the following words and no others: "Sale held pursuant to license No......., granted the....... day of........," and in such blank spaces the license number and the requisite dates shall be indicated.
The following persons shall be exempt from the provisions of this chapter:
A. 
Persons acting pursuant to an order of the process of a court of competent jurisdiction.
B. 
Sheriffs and marshals acting in accordance with their powers and duties as public officers.
C. 
Duly licensed auctioneers, selling at auction.