[HISTORY: Adopted by the Borough Council of the Borough of Caldwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1964 by Ord. No. 452 as Ch. 8, Art. III, of the 1964 Code]
It shall be unlawful for any person to advertise or conduct any sale of goods, wares or merchandise, at retail, that is represented as a bankrupt, insolvent, assignees, adjusters, trustees, executors, administrators, receivers; wholesalers, jobbers, manufacturers, closing-out, liquidation, closing stock, fire or water damage sale or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise of any business for less than the current or going retail price thereof in the Borough without first filing with the Borough Clerk the inventory provided for in this article and obtaining from him a license to do so, to be known as a "closing-out sale license."
Only one license required by the preceding section shall be issued to any one person within a twelve-month period, and no such license shall be issued for less than 30 days nor more than 90 days.
[Amended 7-13-1999 by Ord. No. 1073-99]
The fee for a license required by this article shall be as set forth in Chapter A270, Fees.
The Borough Council may, in its discretion, verify the details of an inventory filed for the purpose of obtaining a closing-out sale license, or it may make a check and verify the items of merchandise sold during the sale. It shall be unlawful for any person to whom a closing-out sale license has been issued to fail or refuse to give the Borough Council or any person designated by it for that purpose all the facts connected with the stock on-hand or the proper information of goods sold or any other information that it may require in order to make a thorough investigation of all phases connected with the sale.
The inventory required by § 185-1 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 required by this article, together with a wholesale 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.
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on the inventory mentioned in the preceding section 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 Borough Council may ascertain the kind and quantity or number sold.
[Amended 7-13-1999 by Ord. No. 1073-99]
The provisions of this article shall not be applicable to trustees in bankruptcy, executors, administrators, receivers or public officers acting under judicial process; and to sales to be held under a judicial order, judgment or decree or a writ issuing out of any court or to enforce any lawful lien or power of sale, whether by judicial process or not, or by a licensed auctioneer.
[Added 7-13-1999 by Ord. No. 1073-99; amended 10-14-2008 by Ord. No. 1187-08]
Any violation of this chapter shall be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
[Adopted 1-27-1998 by Ord. No. 1057-98]
It is the purpose of this article to provide a procedure by which persons may be allowed to sell and store Christmas trees and other cut evergreens on a temporary basis during the pre-Christmas season and to provide for adequate control over such temporary establishments in order to protect the public health, safety and welfare and to make provision for proper cleanup after the cessation of such temporary operation.
No individual, partnership, corporation or other legal entity shall engage in or carry on the business of sale or storage of cut evergreens on a temporary basis without first obtaining a permit for that purpose from the Borough Clerk. This article shall not apply to nursery and commercial greenhouse uses. It is the intention of this article that permits shall only be required for the sale or storage of cut evergreens on a temporary basis on premises which are not normally devoted to that use or a related type use.
All applications for permits under this article shall be made in writing on the forms provided by the Borough Clerk. The application form shall state:
The full name and address of the applicant and, if a partnership, corporation or other legal entity, the names and addresses of all partners, officers, directors and/or shareholders as may be applicable to the particular legal entity.
The address of the proposed use.
A general description of the limited area on the subject property that will be used for such business.
The maximum number of trees proposed to be stored at any one time and the location of such storage.
A description of any and all other articles proposed to be sold at the location.
The name and address of the owner of the property in question.
The tax lot and block of the property.
Other provisions as the Borough Clerk shall deem reasonable and appropriate.
Such application form shall be signed by the applicant and consented to in writing by the owner of the property.
The Borough Clerk may deny the application for any of the following reasons:
That the location and use of the property covered by the application does not conform to all applicable ordinances of the Borough, including this article.
That the applicant or property owner has failed to comply with the provisions of this article in prior years.
That the operation of said enterprise is likely to adversely affect the public health, safety or welfare.
That the proposed use on the property in question is likely to create a nuisance to nearby property owners and/or tenants.
[Amended 7-13-1999 by Ord. No. 1073-99]
The applicant shall, at the time of the filing of its application, pay a permit fee as set forth in Chapter A270, Fees. In addition, upon issuance of a permit, the applicant shall deposit with the Borough Clerk the sum as set forth in Chapter A270, Fees, to guarantee the removal and cleanup of any rubbish left on the property or in the vicinity thereof after termination of the permit. In the event that cleanup by the applicant or the owner is not completed by January 1 of the year following the year the permit was issued, the applicant/permittee shall forfeit the deposit, and the applicant/permittee, as well as the property owner, shall be subject to the penalty provisions of this article.
No permit shall be issued for a period longer than 45 days, and all permits shall expire on December 31 of the year in which issued.
The temporary sale and storage of evergreens shall be restricted as follows:
No trees or cut evergreens shall be stored within 10 feet of any wood frame structure located on adjoining property not owned by the permittee or property owner on which the sale or storage is being conducted.
No cut evergreens shall be placed upon any sidewalk.
No cut evergreens more than two feet high shall be placed upon that portion of a corner lot which is closer to the intersection of the bounding street lines than a straight line drawn between two points measured 15 feet along each such street line from the intersection of those two street lines.
No trees or cut evergreens shall be stored or sold on lots on which there is a residential use as a principal, mixed or accessory use.
The sale and storage of poinsettias as well as plants, trees or shrubs other than evergreens and cut evergreens are not permitted by this article.
Only one sign shall be permitted on the site and such sign shall not exceed 10 square feet in area. No sign shall be of a type that flashed, rotates or moves or one which incorporates moving components. Such signs and all their supports shall be at least 10 feet from any building or structure and 10 feet from any side or rear lot line and shall be located back from the street line a distance equal to not less than the height of the top of the sign above ground.
Any person aggrieved by a decision of the Borough Clerk with reference to the issuance or nonissuance of a permit may appeal such decision to the Borough Council by notifying the Borough Clerk of the intent to appeal within 10 days of the applicant's receipt of the Borough Clerk's decision. The Borough Council shall then schedule a hearing on such appeal within 30 days of receipt of the notice of appeal, at which time the applicant may present evidence to establish the grounds for the appeal. Said appeal shall be decided by a majority vote of the Council, and the decision shall be final.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any applicant or property owner who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment for a term not to exceed 90 days, a period of community service not to exceed 90 days, or a combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.