[Adopted 10-18-1961 by Ord. No. 174]
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein:
CITY
The City of Hoboken.
FIRE AND OTHER ALTERED GOODS SALE
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
GOING-OUT-OF-BUSINESS SALE
A sale held out in such a manner as to reasonably cause the
public to believe that, upon the disposal of the stock of goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales: adjuster's, adjustment, alteration,
assignee's, bankrupt, benefit of administrator's, benefit
of creditors, benefit of trustees, building coming down, closing,
creditor's committee, creditor's end, Executor's, final
days, forced out, forced-out-of-business, insolvents, last days, lease
expires, liquidation, loss-of-lease, mortgage sale, receiver's,
trustee's, quitting business.
GOODS
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or entity of any kind.
REMOVAL-OF-BUSINESS SALE
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location or will then continue business from other existing locations.
A license issued by the City License Officer, bearing a license
number and the date on which the license was issued, 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 as herein defined: going-out-of-business sale, removal-of-business
sale and fire and other altered goods sales.
A licensee hereunder shall:
A. Adhere to inventory. Make no additions whatsoever, during the period
of the licensed sale, to the stock of goods set forth in the inventory
attached to the application for license.
B. Advertise properly. Refrain from employing any untrue, deceptive
or misleading advertising and, in any advertisement by handbills,
circulars, placards, signs, notices, newspapers or publication or
other advertising, include therein the number and date of the license
issued by the License Officer.
C. Adhere to advertising. Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
D. Keep duplicate inventory. Keep available at the place of sale a duplicate
of the inventory submitted with the application and present the same
to inspecting officials upon request.
E. Segregate noninventoried goods. Keep any other goods separate and
apart from the sale goods and make such distinction clear to the public.
[Amended 11-4-1987 by Ord. No. V-140]
A. Any person other than a corporation violating any provision of this
Article shall, upon conviction thereof, before the Municipal Court,
be subject to a fine in any sum not exceeding $1,000 or to imprisonment
for a period not exceeding 90 days, or both, the amount of such fine
and imprisonment within the limitation aforesaid to be determined
in the discretion of the Municipal Judge and, in default of the payment
of any fine imposed, may be imprisoned for a period not exceeding
90 days.
B. Any corporation violating any provision of this Article shall, upon
conviction thereof, be subject to a fine not exceeding $1,000, the
amount of such fine, within the limits aforesaid, to be determined
in the discretion of the Municipal Judge.
C. Each day any such violation is continued or permitted to be continued
shall constitute a separate offense punishable as such hereunder.