[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 9-6-1967 by Ord. No. 985. Amendments noted where applicable.]
GENERAL REFERENCES
License Department — See Ch. 59.
Auctions and auctioneers — See Ch. 121.
Flea markets — See Ch. 201.
Junk dealers — See Ch. 227.
Display of goods for sale on sidewalks — See Ch. 352, Art. II.
[Amended 2-20-1980 by Ord. No. 1373]
A. 
No person shall advertise, represent or hold out that any sale of goods, wares and merchandise is an insurance salvage, bankruptcy, bankrupt stock, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal, reorganization, going-out-of-business, selling-out or a quitting-of-business-at-any-particular-location sale, or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise, or a sale of the goods, wares and merchandise of a former owner thereof, whether in the seller's own name or that of the former owner, at any location other than the seller's bona fide retail establishment where he has been in business for a period of at least one year prior thereto in the town; and it shall be unlawful for any person in any of the advertising in connection with any sale, except at a sale conducted at the seller's bona fide retail establishment where he has been in business for a period of at least one year, to use the words "bankrupt," "bankrupt stock," "United States District Court," "assignee," "receiver" or "trustee," without first filing with the Clerk of the Town of West New York the inventory hereinafter provided for and obtaining from the Board of Commissioners a license so to do, to be known as a "closing out sale license"; provided, however, that nothing in this chapter shall be deemed to apply to sheriffs, constables and other public or court officers, or to any other person acting under the direction of any court of record, selling goods, wares and merchandise in the course of their official duties. As used in this chapter, the word "person" includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals.
B. 
In order to preserve the integrity of the holiday retailing season, no person, firm or entity shall be entitled to obtain a close-out-sale license, as hereinbefore defined, during the period of November 25 to December 31 of any calendar year. An exception to this provision may be granted in the discretion of the Board of Commissioners upon terms, upon letter application and demonstration of good cause and special circumstances by the applicant. Such application must be submitted no later than 20 days prior to the date the license is to be effective.
C. 
No person, firm or entity shall be entitled to receive a license for or advertise or represent a close-out sale as hereinbefore defined unless that applicant intends to permanently close its business in the Town of West New York. The advertisement or representation of a going-out-of-business or lost-our-lease situation followed by a relocation to another premises within the Town of West New York within a one-hundred-twenty-day period succeeding the expiration date of the license issued or the last date of publication of the advertisement, whichever is later, is conclusively presumed to be a deceptive business practice which violates this chapter so as to subject the violator to the penalties hereinafter set forth.
A. 
The fee for licenses required by the preceding section shall be and the same is hereby fixed as follows and shall be paid to the Town Clerk:
(1) 
For a period not exceeding 10 days: $100.
(2) 
For a period not exceeding 20 days: $200.
(3) 
For a period not exceeding 30 days: $300.
(4) 
For any period in excess of 30 days and up to 90 days: $300 plus $10 per day for each day in excess of 30 days.
[Added 7-5-1979 by Ord. No. 1348]
B. 
Only one such license shall be issued to any one such person, firm or entity or their subsidiary, affiliate or subagent within a twelve-month period, and no such license shall be issued for more than 90 calendar days from the date the license is issued.
[Amended 7-5-1979 by Ord. No. 1348; 2-20-1980 by Ord. No. 1373]
A. 
The inventory required by § 319-1 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the cost price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized, and by affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full and true, and known by him or such agent to be so.
B. 
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on such inventory any goods, wares or merchandise which are not the regular stock of the store, or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purposes of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the License Inspector may ascertain the kind and quantity or number sold.
The License Inspector may, in his discretion, verify the details of an inventory filed for the purpose of obtaining a closing out sale license, or he may make a check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom a closing out sale license has been issued to fail or refuse to give the License Inspector, or any other person designated by him for that purpose, all the facts connected with the stock on hand or the proper information of goods sold or any other information that he may require in order to make a thorough investigation of all phases connected with the sale.
The license to be issued under the provisions of this chapter shall not authorize any person, except the designated licensee, to engage in business under such license. Such license shall not be transferable from the person to whom issued to any other person excepting upon the transferee complying with all the provisions of this chapter in relation to the original application and license, and shall then only be transferable in case the original license fee has been paid. Approval of the transfer may be given by the Board of Commissioners upon payment of a transfer fee to the town in the sum of 10% of the fee for the original license.
A license may be revoked by the Board of Commissioners for the violation of the terms of the license or falsification in applying for the license. Before a license is revoked, the licensee shall be accorded a hearing before the Board of Commissioners upon at least two days' notice, in writing.
[Amended 2-20-1980 by Ord. No. 1373]
The License Inspector shall make such investigations as he may deem necessary in carrying out the provisions of this chapter in relation to suspension or revocation of licenses. In addition, the License Inspector shall investigate the facts set forth in the application for the license. In the event the License Inspector shall, as a result of his investigation, determine that the licensee has misstated, concealed or misrepresented essential facts or has not lost its lease or otherwise been faced with a situation equivalent to a bona fide business termination situation, then in such event, he shall:
A. 
Forward his report to the Board of Commissioners with his recommendation for appropriate action as to the license.
B. 
Forward his report and recommendation to the Municipal Prosecutor for appropriate action.
This chapter is enacted for the purpose of raising revenue and for the regulation and control of certain kinds of sales of merchandise.
[Amended 10-19-1977 by Ord. No. 1261; 2-20-1980 by Ord. No. 1373]
Any person violating this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I. Where the violator is not an individual, the punishment shall be by a fine not exceeding $500 enforceable by writ of execution. Any person or entity found to have willfully or fraudulently applied for a license under this chapter without bona fide intent to obtain the license for the purposes set forth in § 319-1 of this chapter shall be punishable as set forth above.
Ordinance No. 978, adopted June 21, 1967, is hereby repealed and any and all other ordinances or parts thereof inconsistent with this chapter shall be deemed superseded.