[Adopted 9-13-1978 by Ord. No. 9-78]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
The Borough of Eatontown.
The Clerk of the Borough of Eatontown.
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.
Any goods, wares, merchandise or other property capable of
being the object of a sale regulated hereunder.
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.
Established business requisite. Any person who has
not been the owner of a business advertised or 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.
B.
Interval between sales. 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.
C.
Restricted location. 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.
D.
Persons exempted. The provisions of this article shall
not apply to or affect persons acting pursuant to an order or process
of a court of competent jurisdiction, persons acting in accordance
with their powers and duties as public officials, duly licensed auctioneers
selling at auction, 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 article have
not been complied with.
A.
Information required. A person desiring to conduct
a sale regulated by this article shall make a written application
under oath to the License Officer, setting forth and containing the
following information:
(1)
The true name and address of the owner of the goods
to be sold.
(2)
A description of the place where such sale is to be
held.
(3)
The nature of the occupancy, whether the occupancy
is by lease or sublease, and the effective date of termination of
such occupancy and the name and address of the lessor.
[Amended 11-29-1978 by Ord. No. 9A-78]
(4)
The dates of the period of time in which the sale
is to be conducted.
(5)
A full and complete statement of the facts in regard
to the sale, including the reason for the urgent and expeditious disposal
of goods thereby and the manner in which the sale will be conducted.
(6)
The applicant must submit a sworn affidavit stating
that all merchandise being sold in the sale is in stock, being liquidated,
not being replenished and is regularly a part of the store.
(7)
The means to be employed in advertising such sale,
together with the proposed content of any advertisement.
B.
All applications for a license shall be kept on file
by the said License Officer, and a record shall be kept by him of
all licenses issued upon such application.
C.
License fee. Any applicant for a license hereunder
shall submit to the License Officer, with the application for a license,
a license fee of $50.
[Amended 4-13-1994 by Ord. No. 4-94; 3-10-2004 by Ord. No. 6-2004]
A.
License period. The license shall authorize the sale
described in the application for a period of not more than 60 consecutive
days, only, following the issuance thereof. There shall be no renewal
of said license.
[Amended 4-13-1994 by Ord. No. 4-94]
B.
Place of sale. The license shall authorize only one
sale described in the application at the location named therein.
C.
Goods for sale. No goods other than those in the present
inventory shall be advertised or sold at a sale for which a license
is hereby required. It shall be unlawful for any person to sell, offer
or expose for sale or advertise for such sale any goods which are
not the regular stock on hand at the store or to supplement or to
make any replenishments or additions from any manufacturer, jobber,
wholesaler, warehouse, storage building or from any other premises
or from any source whatsoever during the time of a going-out-of-business
sale for which a license is hereby required.
D.
Surrender of general license. Upon being issued a
license hereunder for a going-out-of-business sale, the licensee shall
surrender to the License Officer all other business licenses he may
hold at that time which are applicable to the location and goods covered
by the application for a license under this article.
E.
Nontransferability. Any license herein provided for
shall not be assignable or transferable.
F.
Inspection by License Officer. It shall be unlawful
for any person who is either applying for a license or to whom such
license has been issued to fail or refuse to give the Borough License
Officer, or any person designated by him for that purpose, all the
facts connected with the stock on hand or the proper information respecting
goods sold or any other information that he may require in order to
make a thorough investigation of all phases connected with the sale.
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.
