[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim 3-22-1955 by Ord.
No. 196; amended 1-2-1973 (Ch. 64 of the 1973 Borough Code). Amendments noted where
applicable.]
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
[1]
Editor's Note: The following original sections of the 1973 Borough Code, which immediately preceded this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 64-1, Definitions; § 64-2, Purpose; statutory authority; § 64-3, License required for certain vendors; § 64-4, Exemptions from license requirements; § 64-5, Application for license; § 64-6, Character of business; bond and power of attorney required; § 64-7, Forfeiture of bond; § 64-8, Release of bond; § 64-9, Issuance of license; § 64-9.1, Hours of operation, added 9-17-1974; § 64-10, License restrictions; § 64-11, Form of license; § 64-12, Record of licenses; § 64-13, Monthly report of Borough Clerk; § 64-14, Possession and display of license; § 64-15, License fee schedule; § 64-16, Revocation or suspension of license.
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.[2]
[2]
Editor's Note: The following original Articles of original Ch. 64, Part 2, of the 1973 Borough Code and which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): Article II, General Provisions, consisting of original §§ 64-19 through 64-27; Article III, Circulars and Advertising, consisting of §§ 64-28 through 64-40; Article IV, Junk Dealers, consisting of §§ 64-41 through 64-44, and Article V, Special Provisions; Violations, consisting of §§ 64-45 through 64-47.
For the purposes of this article, the following definitions
are hereby fixed:
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.
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.
A.
The applicant shall make application in writing and under oath on a form provided by and filed with the Borough Clerk, together with a fee set forth in Chapter 165, Article II, Fee Schedule. The application shall set forth the following:[1]
(1)
Full name of the applicant.
(2)
Residence and mailing address of the applicant.
(3)
Place in the Borough wherein the business is intended to be conducted.
(4)
Places where the applicant has resided for two years immediately
prior to making application.
(5)
If the applicant is a corporation, the location of the registered
office in this state and the name of the registered agent.
(6)
Whether the applicant or any of its stockholders or officers have
ever been convicted of a crime.
(7)
Experience that the applicant has had as an auctioneer or as a person
engaged in the auction business.
(8)
Place or places and the time that the applicant has been so engaged
in the auction business.
(9)
Name of bonding company to furnish bond as hereinafter required.
(10)
Three business references who shall not in anywise be related
to the applicant.
(11)
Evidence of compliance with all state requirements relating
to auction fees and auctioneers.
B.
The applicant shall also file with the application a certificate
of the Fire Chief that the premises proposed to be licensed has sufficient
exits, fire escapes and other facilities to reasonably provide adequate
and sufficient protection from fire and other sources of danger to
the persons attending said place of business.
C.
Together with said application and fee, the applicant shall deliver
to the Borough Clerk a bond in the amount of $500 to the Borough of
Mount Ephraim and to the inhabitants thereof, protecting them against
fraud or damage arising out of the conduct of said auction or sale
for which a license is issued, or any portion thereof.
D.
The Chief of Police shall investigate or cause to be investigated
each application filed. He shall report the results of his investigation
to the Borough Clerk, who shall, after due consideration, have the
power to grant or refuse a license.
A.
The licensee shall be required to provide a reasonable amount of off-street parking facilities for the use of patrons, and shall also provide and bear the expense for special police appointed by the Board of Commissioners, the number of which shall be determined by the Chief of Police based upon the extent of traffic and number of patrons. All licenses to conduct public auctions or sales shall expire at 12:00 midnight on December 29 succeeding the date of the issuance thereof. The fee set forth in Chapter 165, Article II, Fee Schedule, shall be per annum and shall not be prorated for any part or portion of the year. In addition to the aforesaid license fee, an additional fee shall be payable weekly on each and every Monday to the Borough Clerk, starting immediately upon the adoption of this article in the manner prescribed by law, in the amount set forth in Chapter 165, Article II, Fee Schedule, for each concession or concessionaire for each night of operation, provided that said concession or concessionaire is operating his particular enterprise as a unit in the premises of the licensee, whether in the open or under shelter.[1]
B.
Each licensee shall keep records of each concession or concessionaire
in his auction, containing the name and address, the dates of operation
of business and payment of the fees enumerated above. Each Monday,
the licensee shall submit a written, signed statement, indicating
the number of concessions or concessionaires for which space was rented
the previous week, and the number of nights or days of operation of
each. Such records shall, at all reasonable times, be open to the
inspection of the Chief of Police of the Borough and to any person
who shall be duly authorized, in writing, for that purpose by the
Board of Commissioners.
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.
