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.
The Borough Council may make such rules and regulations for the conduct
and advertisement of such sales as in its opinion will serve to prevent deception
and to protect the public.
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.
Upon commencement of any such sale, the license therefor shall be conspicuously
displayed near the entrance to the premises.
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.