For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
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.
GOODS
Any goods, wares, merchandise or other property capable of
being the object of a sale regulated hereunder.
PERSON
Any person, firm, partnership, corporation, company, organization
or entity of any kind.
[Amended 11-29-1978 by Ord. No. 9A-78]
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
a going-out-of-business sale. The license, identified as a Borough
of Eatontown license, must be displayed on the premises, and the license
number must be included in all advertising.
A licensee hereunder shall:
A. Adhere to inventory: make no additions whatsoever
during the period of the licensed sale to the stock of goods.
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, including therein the number and date of the license
issued by the License Officer.
[Amended 11-29-1978 by Ord. No. 9A-78]
C. Adhere to advertising: conduct the licensed sale in
strict conformity with any advertising or holding out incident thereto.
D. Segregate nonsale goods: keep any other goods separate
and apart from the goods for sale and make such distinction clear
to the public.
E. Cease business at conclusion of sale: the licensee
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 of Eatontown.
[Amended 3-10-2004 by Ord. No. 6-2004]
A. A person not complying with the sixty-day deadline
shall be subject to a fine of $200 per day for each day of operation
after said license has expired.
B. After 10 days of violation, the application shall
be subject to prosecution for fraud.
C. A person failing to obtain a license and conducting
a going-out-of business sale shall be subject to a fine not exceeding
$1,250, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination of
the aforesaid penalties.