For the purpose of this chapter, the following terms, phrases, words
and their deviations shall have the meanings given herein:
BOROUGH
The Borough of Bradley Beach.
FIRE AND OTHER ALTERED GOODS SALE
A sale held out in such 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 manner as to reasonably cause the public
to believe that, upon the disposal of the stock or 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 creditor's; benefit of trustees; building being
demolished; creditor's committee; creditors; end; executor's; final day; forced
out; forced out of business; insolvents; last days; lease expires; liquidation;
loss of lease; mortgage sale; receiver; trustee's; quitting business. Any
person by his deviation from the customary methods of business operations
such as the failure to order seasonal merchandise, failure to renew lease,
termination of employment of regular employees, employment of special sales
techniques and personnel or who shall conduct himself and the operation of
his business in such a manner so as to give reasonable cause to believe that,
upon the disposal of the stock or goods on hand, the business will cease and
be discontinued shall be deemed to be going out of business.
GOODS
Includes 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 the 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 licensing 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 of sales as herein
defined:
A. Going-out-of-business sale.
B. Removal of business sale.
C. Fire and other altered goods sale.
Any person who has not been the owner of a business advertised or being
described in the application for a license hereunder for a period of at least
six months prior to the date of the proposed sale shall not be granted a license,
provided that, upon the death of a person doing business in the Borough, his
or her heirs, devisees, legatees or representatives shall have the right to
apply at any time for a license hereunder.
Any person who has held a sale, as regulated hereunder, at the location
stated in the application, within one year past from the date of such application
shall not be granted a license.
Where a person applying for a license hereunder operates more than one
place of business, the license shall apply only to the one store or branch
specified in the application, and no other store or branch shall advertise
or represent that it is cooperating with it, or in any way participating in
the licensed sale, nor shall the store or branch conducting the licensed sale
advertise or represent that any other store or branch is cooperating with
it or participating in any way in the licensed sale.
Any person who intends to cease and discontinue the operation of his
business shall be required to secure a license and shall come within the provisions
of this chapter.
The provisions of this chapter shall not apply to or affect:
A. Persons 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;
C. Any publisher of a newspaper, magazine, or other publication
who in good faith publishes any advertisement without actual knowledge of
its false, deceptive or misleading character, or without actual knowledge
that the provisions of this chapter have not been complied with.
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 property. 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 licensing
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 the inspecting officials upon request.
E. Segregate noninventories goods. Keep any other goods
separate and apart from the goods for sale and make such distinction clear
to the public.
F. Cease business at conclusion of sale. The licensee of
a going-out-of-business sale shall not continue the business beyond the date
specified for such sale and shall not, upon conclusion of such sale, continue
the business under the same name or under a different name in the same location
or elsewhere in the Borough.