No person shall conduct, cause to be conducted or aid or assist
in the conducting of any traveling or street show, carnival, exhibition,
circus or street parade in connection therewith in the Borough; provided,
however, that the prohibition herein contained shall not apply to
any volunteer fire company, charitable or religious society or veteran
organization of the Borough of Mount Ephraim when:
A. The equipment and apparatus therefor shall be rented or leased only;
and
B. The entire net proceeds shall be used solely and exclusively for
the purpose or object for which such company, society or organization
exists; and
C. A permit therefor shall first have been obtained from the Borough Clerk upon payment of a fee for each such affair and/or event, as provided in Chapter
165, Article
II, Fee Schedule.
Any person required by this article to procure a license who fails so to do, or who shall neglect or refuse to file the applications and statements as provided for herein, or who shall make a false or fraudulent representation therein, or who falsely represents by advertising or otherwise that the goods, wares or merchandise are in whole or in part damaged goods saved from fire, or who makes any false statement as to the previous history or character of such goods, wares or merchandise, or who violates any provision of the terms of this article, or who fails to comply with the provisions of Revised Statutes 45:24-1 et seq., of New Jersey, as amended and supplemented, or who fails to comply with all the terms and conditions of the license issued to him, shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter
305, Penalties, of the Code of the Borough of Mount Ephraim.
For the purposes of this article, the following definitions
are hereby fixed:
AUCTIONEER
All persons, firms and corporations who engage in the sale
of goods, wares and merchandise at sale or auction to the highest
bidder or to others at prices fixed by bid.
PUBLIC AUCTION
The sale of goods, wares and merchandise to the highest bidder
or to others at prices fixed by bid.
It shall be unlawful for any person, firm or corporation to
act as auctioneer or to conduct public auctions or to conduct sales
based on bidding in the Borough of Mount Ephraim without first applying
for and obtaining a license so to do from the Borough Clerk in the
manner hereinafter provided.
Any license granted under this article shall not be transferable.
No public auction sale shall be open for business or conducted
in the Borough of Mount Ephraim on any Sunday or holiday. No such
sale shall be conducted on any other day not a Sunday or holiday between
the hours of 11:30 p.m. and 12:00 noon, prevailing time.
Any license granted hereunder shall be subject to revocation
or suspension by the Board of Commissioners in the following manner,
to wit: Notice shall be served upon the person, firm or corporation
holding such license, specifying wherein there has been a failure
to comply with the requirements of this article or any rules or regulations
which may have been adopted by the Borough for the conduct of public
auction sales, and requiring appearance of the licensee before the
Board of Commissioners at a day and hour therein specified, not less
than five days after personal service of said notice to such licensee,
or by registered letter directed to the address furnished on the application
for such license, requiring such licensee to show cause why said license
should not be revoked or suspended. At the time and place mentioned
in said notice, the person, firm or corporation holding such license
shall have the right to appear and introduce such evidence as said
person, firm or corporation may desire, and the Board of Commissioners
may desire, after confronting the licensee with any charges that may
have been preferred, at its discretion, to revoke or suspend the license.
Auction sales under any court order, private single sales and
those conducted under the auspices of religious, veterans', charitable
and civic organizations are hereby excluded from the terms of this
article.
Any person firm or corporation violating any of the provisions of this article or said rules and regulations, or contributing in any way to the violation thereof, shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter
305, Penalties, of the Code of the Borough of Mount Ephraim.