[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.
A.
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:
(1)
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.
(2)
The address of the proposed use.
(3)
A general description of the limited area on the subject
property that will be used for such business.
(4)
The maximum number of trees proposed to be stored
at any one time and the location of such storage.
(5)
A description of any and all other articles proposed
to be sold at the location.
(6)
The name and address of the owner of the property
in question.
(7)
The tax lot and block of the property.
(8)
Other provisions as the Borough Clerk shall deem reasonable
and appropriate.
B.
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:
A.
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.
B.
That the applicant or property owner has failed to
comply with the provisions of this article in prior years.
C.
That the operation of said enterprise is likely to
adversely affect the public health, safety or welfare.
D.
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:
A.
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.
B.
No cut evergreens shall be placed upon any sidewalk.
C.
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.
D.
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.
E.
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.
F.
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.
