[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BASE RETAIL PRICE
- The price for which a garment may be purchased without any addition of a customizing process.
- CUSTOM FABRICATED GARMENT
- Any garment that, at the request of a customer, is fabricated to meet the customer's demands.
- CUSTOM GARMENT FABRICATION
- A process where a plain, unadorned garment, such as a shirt, sweatshirt, sweater, jacket or other garment, is processed through a heat-transfer, screen printing or other similar process to add adornments, such as lettering, designs, artwork or similar artistic or commercial designs to add to its value to a buyer.
- FULL PURCHASE PRICE
- The maximum price for which a garment may be sold, which shall be inclusive of all charges, services, taxes (if any) and fees.
- POINT OF SALE
- The location at which a purchase for goods is consummated, being a cash register, or where orders for garments are taken.
- RETAIL BUSINESS
- A business that sells products to a single customer normally in what is traditionally known as a retail business outlet.
The Borough of Seaside Heights has received many complaints from its residents and visitors about unethical business practices of individuals engaging in the sale of custom fabricated garments. The Mayor and Council of the Borough of Seaside Heights finds that it is in the public interest to adequately regulate such businesses to ensure the public safety and health against unethical business practices.
Any retail business that engages in the business of custom garment fabrication shall obtain a mercantile license in accordance with Chapter 122 of the Code of the Borough of Seaside Heights.
No retail business in the city shall operate a custom garment fabrication business except in accordance with this chapter.
The application for said license must include all pertinent information about the business required of any other business in the borough, in addition to which the following information must be provided by the applicant:
The name of the proprietor of the business.
The local and permanent address and telephone number of the proprietor.
The name, local address and telephone number of the manager of the business, if different from the proprietor.
A copy of the New Jersey sales tax certificate.
The Federal employer identification number or social security number of the proprietor if an unincorporated business.
If the proprietor is not an American citizen, proof of citizenship and permission to work in the United States.
Any person or corporation receiving a license under this section must operate the business in accordance with its provisions. Conviction of any violation of its provision may result in revocation of said license to do business.
Any business operating under the conditions of this chapter shall operate in accordance with the following:
Price marking of garments. A price must be shown for each garment posted separately in accordance with the following:
Individually: a tag attached to or immediately adjacent to the garment with its price (as defined below) exposed to plain view in numerals clearly marked at least two inches tall.
Rack: If composed of identical or identically priced garments, each individual rack holding the garment must have the price marked on a sign on the rack, in exposed plain view of the buyer, on a sign at least six by six inches with numerals clearly printed at least three inches tall.
Shelf: For each individual pile of garments on a shelf and composed of identical or identically priced garments, the price must be posted on or above the shelf in exposed plain view of the buyer and a sign or other identifying device at least six by six inches with numerals clearly printed at least three inches tall. One such sign or marking may be used to identify no more than two identical piles of such garments.
Horizontal rod: If identical or identically priced garments, the price must be exposed in plain view of the buyer and a sign or other identifying device at least six by six inches with numerals clearly printed at least three inches tall on the rod, located at a minimum of every four feet along the rod.
Mixed goods: In any type of shelf, rack, rod or similar display, where differently priced or different garments are displayed, each garment displayed shall be priced individually with a tag attached to the garment at the collar, sleeve, base or other commonly found area, exposed in plain view. The tag shall be at least three-fourths by one inch or 0.75 square inches in area, with the price shown in ink in clear numerals at least 1/4 inch high.
The price to be marked shall be in accordance with the type of garment as follows:
An unadorned garment shall be marked with its base retail price.
Precustomized garments (customizing done prior to a customer requesting it), including samples or garments not available for resale, shall be marked with the full purchase price of the garment, complete with customization.
[Amended 5-21-1997 by Ord. No. 97-6]
Where a business offers for sale materials, such as decals, transfers, appliques and similar items, for use in the fabrication of custom garments or offers additional services where a price is charged for the service on any basis, the following shall apply:
At each point of sale in a store, there shall be a clearly lettered sign, at least 8 1/2 inches by 11 inches, exposed in plain view to the public, with lettering at least two inches high, that itemizes by category or process the unit price for each type of item or process that can be purchased, either independently or as part of the custom fabricated garment.
Two prices may be shown, one the price of the item included on a garment, and the other, if purchased independently. If this practice is used, headings at the top of each price column, in letters no smaller that three inches tall, with the wording bought separately and included on garment, as appropriate.
A clearly visible identifying mark, at least 1/2 inch high must be used adjacent to a price or item to refer to a legend at the bottom of the posting, that reads in one-inch-high letters the phrase taxable item for all items for which New Jersey sales tax is charged, if such New Jersey sales tax is applicable to any of the items.
The following requirements shall apply to the display of prices of adhered and unadhered decals, transfers, appliques and other similar items for use in the fabrication of custom garments:
There shall be a display in full public view of prices of decals, transfers, appliques and similar items for use in the fabrication of custom garments. The price display shall not be obstructed by any materials, shelving, racks or any other item which would prevent full public view. The prices of all such items shall be displayed on a white sign clearly lettered in two-inch black lettering, which sign shall also be exposed in plain view to the public.
If any such decal, transfer, applique or similar item shall be available to the public in more than one size, then every available size must be displayed, indicating in two-inch black lettering, the price and corresponding size of the item.
Where there is a processing or service charge applicable, the same must be indicated in two-inch black lettering on the same sign where prices and sizes are indicated to inform the public of the separate cost of any such service charge and what the service entails.
All buyers of any merchandise or products in a licensed establishment shall be given a receipt for any purchases, showing the price(s) and charges of materials bought and the amount of sales tax, if any. This is commonly known as a cash register receipt.
All businesses must keep a copy of this chapter (as provided by the borough) at each point of sale in the store and make it available for any customer or Borough Inspector to read upon request.
All stores must post at the point of sale a sign, to be provided by the Borough of Seaside Heights to license holders in quantities as needed by the license holder, that details conditions of the license as follows:
This business has been licensed by the Borough of Seaside Heights to sell custom fabricated garments.
The license number is __________________.
You must also receive a cash register receipt or other receipt for any purchase from this store when you pay for your goods.
A copy of the Borough of Seaside Heights ordinance regulating the sale of custom fabricated garments is available for a customer to read at any cash register or other point of sale in this store.
The failure of a merchant to comply with any of these provisions should be reported to the Clerk of the Borough of Seaside Heights at Sherman Avenue and Boulevard, Seaside Heights.
Failure to post this sign in plain view of the customer at the point of sale is a violation of this chapter.
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.