As used in this chapter, the following terms
shall have the meanings indicated:
CLOSE-OUT SALE
Includes a sale of goods held or to be held in such a manner
as to cause the public reasonably to believe that the sale will offer
goods damaged or altered by fire, smoke, water or other means; that
upon the disposal of the stocks of goods on hand, the business will
cease and be discontinued; or that the person conducting the sale
will cease and discontinue the business at the place of sale upon
disposal of the stock of goods on hand and will then move and resume
business at a new location in the Borough and will then continue business
from other existing locations in the Borough. Included among such
"close-out sales," but not by way of limitation, are sales known and
commonly referred to as "adjustor's sales"; "adjustment sales"; "administrator's
sales"; "alteration sales"; "assignee's sales"; "bankrupt sales";
"bankrupt stock sales"; "benefit of administrator's sales"; "benefit
of creditor's sales"; "benefit of trustee's sales"; "building coming
down sales"; "closing sales"; "creditor's committee sales"; "creditor's
sales"; "end sales"; "executor's sales"; "final days sales"; "fire
and other altered goods sales"; "forced out sales"; "forced out of
business sales"; "going out of business sales"; "insolvent's sales";
"insurance or insurance salvage sales"; "last days sales"; "lease
expires sales"; "liquidation sales"; "loss of lease sales"; "mortgage
sales"; "receiver's sales"; "removal of business sales"; "reorganization
sales"; "selling-out sales"; "trustee's sales"; and "quitting business
sales."
GOODS
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated under this chapter.
No person shall advertise, represent, display,
sell or offer to sell or conduct any sale held out to be a close-out
sale by any means, directly or indirectly, without first obtaining
a close-out sale license from the Borough Clerk as hereinafter provided.
The provisions of this chapter shall not apply
to:
A. Any sale which is or is to be held under a judicial
order, judgment or writ issuing out of any court or to enforce any
lawful lien or power of sale, whether by judicial process or not;
B. Sheriffs, constables or other public or court officers
or to any other person acting under the direction of any court selling
goods in the course of their official duties;
C. Duly licensed auctioneers selling at auction; or
D. Any publisher of a newspaper, magazine or other publication,
who publishes in good faith any advertisement without knowledge of
its false, deceptive or misleading character or without knowledge
that the provisions of this chapter have not been complied with.
Any person who has not owned the business described
in the license application for a period of at least six months prior
to the date of the proposed sale shall not be granted a license. This
requirement shall not apply to the personal representatives, heirs,
devisees or legatees of any person who dies while in business in the
Borough.
The fee for licenses issued under this chapter
shall be as follows:
A. For an original license: $25.
B. For a renewal license: $10.
The license referred to herein shall be conspicuously
displayed at all times 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 4-11-1995 by Ord. No. 95-11]
Any person who has held a close-out sale regulated
under this chapter at the location stated in the application within
two years from the date of such application shall not be granted such
a license.
No person shall sell, offer or expose for sale
at any such sale or 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.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by §
1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.