[Adopted 8-10-1976 by Ord. No. 76-18]
A license issued by the Clerk shall be obtained by any person
before selling or offering to sell any goods at a sale to be advertised
or held out by any means to be one of the following kinds:
A. Going-out-of-business sale.
B. Removal of business sale.
C. Fire and other altered goods sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A license shall be issued hereunder on the following terms:
A. Licensing period. The license shall authorize the sale described
in the application for a period of not more than 21 consecutive days,
Sundays and legal holidays excluded, following the issuance thereof.
B. Renewal procedure. The Clerk shall renew a license for one period
of time only, such period to be in addition to the 21 days permitted
in the original license and not to exceed 14 consecutive days, Sundays
and holidays excluded, when he finds:
(1) That facts exist justifying the license renewal.
(2) That the licensee has filed an application for renewal.
(3) That the licensee has submitted with the application for renewal
a revised inventory showing the items listed on the original inventory
remaining unsold and not listing any goods not included in the original
application and inventory. For the purposes of this subsection, any
application for a license under the provisions of this article, covering
any goods previously inventoried as required hereunder, shall be deemed
to be an application for renewal, whether presented by the original
applicant or by any other person.
C. Nature of sale. The license shall authorize only the one type of
sale described in the application at the location named therein.
D. Salable goods. The license shall authorize only the sale of goods
described in the inventory attached to the application.
E. Surrender of general license. Upon being issued a license hereunder
for a going-out-of-business sale, the licensee shall surrender to
the Clerk all other business licenses he may hold at that time applicable
to the location and goods covered by the application for a license
under this article.
F. Nontransferability. Any license herein provided for shall not be
assignable or transferable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the general penalty set forth in Chapter
1, Article
I, General Penalty, of the Borough of Kenilworth Code. Each day of sale in violation of any or all of the provisions of this article shall be a separate offense.
[Adopted 2-26-1997 by Ord. No. 97-2]
As used in this article, the following terms shall have the
meanings indicated:
LOT
The same definition as stated in §
120-1.4.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
PERSON
Includes any natural person, corporation, partnership, limited
liability company, association or firm.
VACANT LOT
A lot as defined herein which does not have a principal structure
located thereon.
It shall be unlawful for any person to store or display merchandise
or any other tangible personal property upon any sidewalk or within
the right-of-way of any opened street or on any vacant lot within
the Borough of Kenilworth, with the following exceptions:
A. The governing body may, by resolution, suspend the operation of this
article for community-wide special occasions or sales promotion days.
Said resolution may establish rules and regulations governing displays
and sales of merchandise during the community-wide special occasions
or sales promotion days.
B. The governing body may, by resolution, suspend the operation of this
article for temporary patriotic, civic or charitable purposes.
C. The governing body may, by resolution, suspend the operation of this
article for the display and sale of seasonal merchandise or displays
associated with traditional state and national holidays.
D. In every instance where the terms of this article are suspended by the governing body or unless otherwise exempt under Chapter
144, §
144-14, of the Borough Code, and unless otherwise specifically provided for in the resolution, no storage, display or sale shall be conducted in a zone district in which it would otherwise be prohibited.
Nothing contained herein shall be construed or interpreted to waive the application and permit requirements of Chapter
144, Peddling and Soliciting.