For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
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, alterations,
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 Borough 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 (1) of the following
kinds, as herein defined: going-out-of-business sale, removal-of-business
sale, and fire and other altered goods sale.
[Amended 9-8-87 by Ord. No. 1027]
The license shall authorize the sale described in the application
for a period of not more than thirty (30) consecutive days, Sundays
and legal holidays included, following the issuance thereof, except
that the licensee shall have the right, upon payment of appropriate
fees, to extend the license for two (2) additional thirty-day periods.
No additional extensions may be given without special permission from
the Mayor and Council and upon good cause shown.
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 his 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 from inventoried goods: keep any other goods separate and
apart from the goods on sale and make such distinction clear to the
public.
F. Display license: display the license in a prominent place on the
window of the premises where the sale is to be held so that it is
clearly visible from the exterior of said premises.
[Amended 5-15-78 by Ord. No. 839A]
Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in an amount not exceeding five
hundred dollars ($500) or be imprisoned for a period not exceeding
ninety (90) days, or both, in the discretion of the Judge. Each day
any such violation is committed or permitted to continue shall constitute
a separate offense, punishable as such hereunder.