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 to operate or conduct a business as a
transient merchant, handbill distributor, itinerant merchant, itinerant
vendor, peddler, canvasser or solicitor as defined in this chapter,
or operate or put into use any cigarette vending machine, jukebox,
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 Lindenwold.
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 Lindenwold 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
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.
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.
C. It applies to only one business and is not conducted or advertised
in cooperation or by participation with any other business.
D. He shall file with the assigned municipal employee a complete inventory
of goods that are to be offered for sale.
[Amended 11-5-2014 by Ord. No. 2014-01]
In cases covered by §
199-6 preceding, the license shall:
A. Authorize only one type of sale, described in the application, at
the location named therein.
B. Authorize only the sale of goods described in the inventory filed
with the assigned municipal employee and forbid additions or replacements.
C. Continue for a period not exceeding three months from the date of
granting of the license and shall not be renewable, assignable or
transferable.
The provisions of §§
199-5 and
199-7 preceding shall not apply to or affect:
A. Any person acting pursuant to an order or process of a court of competent
jurisdiction.
B. Persons acting in accordance with their powers and duties as public
officials.