[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
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:
