It shall not be lawful for any person, either
directly or indirectly, to conduct any business as defined in this
chapter or any sale as defined in this chapter, or operate or conduct
a business as a transient merchant, handbill distributor, itinerant
merchant, itinerant vendor, peddler, canvasser, solicitor as defined
in this chapter, or operate or put into use any cigarette vending
machine, juke box, vending machines or mechanical amusement device,
or to use in connection with the foregoing any vehicle, premises,
machine or device, in whole or in part, unless a license or a permit
therefor is first procured and kept in effect at all such times as
required by this chapter or any other law or ordinance of the Borough
of Chesilhurst.
For the purposes of this chapter any person
shall be deemed engaging in business and subject to the provisions
of this chapter when he does one act of:
A. Selling any goods or service; or
B. Soliciting business or offering goods or services
for sale or hire; or
C. Acquiring or using any vehicle machine or device or
any premises in the Borough of Chesilhurst for business purposes.
The agents, servants, employees, or other representatives
of corporations, partnerships, resident or nonresident individual
natural persons, joint adventurers, societies, associations, clubs,
trustees, trusts or unincorporated groups shall be personally responsible
for the compliance with this chapter by their principals and by the
businesses they represent.
For a going-out-of-business sale or a removal
of business sale or a fire or other altered goods sale no person shall
be granted a license unless:
A. He has been the owner of a business as described in
the application for a license hereunder for a period of at least six
months prior to the date of the proposed sale; and
B. He has not held a similar sale, at the location stated
in the application, within one year last past from the date of such
application; and
C. It applied to only one business and is not conducted
or advertised in cooperation or by participation with any other business;
and
D. He shall file with the licensing officer a complete
inventory of goods that are to be offered for sale.
In cases covered by §
303-5 preceding the license shall:
A. Authorize only one type of sale described in the application
at the location named therein; and
B. Authorize only the sale of goods described in the
inventory filed with the licensing officer and shall forbid additions
or replacements; and
C. Continue for a period not exceeding three months from
the date of granting of license and shall not be renewable, assignable
or transferable.
The provisions of §§
303-5 and
303-6 preceding shall not apply or affect:
A. Any person acting pursuant to an order or process
of a court of competent jurisdiction; or
B. Persons acting in accordance with their powers and
duties as public officials.