City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fee Schedule — See Ch. 191.
Distress sales — See Ch. 334, Art. I.
Auction of shopping carts — See Ch. 347.
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 10-10 to 10-14 of the 1978 Revised General Ordinances]

§ 112-1 License required.

No person shall engage in or carry on the calling, occupation or business of auctioneer without first obtaining a license therefor as hereinafter provided.

§ 112-2 Application for license.

A. 
The application shall be in writing, addressed to the City Clerk, and shall contain the applicant's name, business and residence address and the purposes for which the license is desired. If the applicant is a corporation, the names of the employees to be engaged or employed by it in said business or occupation shall be included.
B. 
The application shall be accompanied by the license fee.

§ 112-3 Licenses fees and conditions.

A. 
The fee for the license specified in § 112-2 shall be as set forth in Chapter 191, Fee Schedule, except as hereinafter provided.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No license shall issue unless the license fee shall have been paid.
C. 
Licenses shall expire on December 31 of the year in which issued.
D. 
Such licenses shall apply only to the persons and for the purposes and places specified therein, and shall be recorded by the City Clerk in a book to be kept by him for that purpose.
E. 
In the case of a corporate license, the license fee shall cover and apply to not more than two employees of the corporation, whose names shall be designated in the application for the license.
F. 
An additional license fee as forth in in Chapter 191, Fee Schedule, shall be charged for each person or employee in excess of two engaged or employed by or on behalf of the corporate licensee, and the names of such additional employees of the corporation shall be designated in the application for the license.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 112-4 Rules and regulations.

Licenses granted under this article shall at all times be subject to such rules and regulations as may be adopted by the Council.

§ 112-5 Violations and penalties.

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense should be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 8-1-1978 by Ord. No. 2323 (§§ 10-83 to 10-95 of the 1978 Revised General Ordinances)]

§ 112-6 Purpose.

The purpose of this article is to properly control auction sales in order to prevent and discourage undesirable business practices; to protect the public from fraud; and to permit auction sales within the City on a limited basis in connection with a retail trade or business.

§ 112-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AUCTION
The sale or offering for sale to the highest bidder of any goods, wares, and merchandise of any description whatsoever.
AUCTIONEER
Any person who sells, or makes a business of selling at auctions.

§ 112-8 Auction sales prohibited.

Except as otherwise provided in this article, auction sales of goods, wares, and merchandise of any description whatsoever within the City are prohibited.

§ 112-9 Permissible sales at auction.

An auction sale shall be permitted in connection with and as part of a regularly established retail trade or business within the City and shall be permitted to be conducted only at the premises where the applicant regularly conducts his retail trade or business.

§ 112-10 Frequency and hours of sale.

No auction sale shall be conducted upon any premises on more than two days within any consecutive seven-day period, nor shall any auction sale be conducted between the hours of 6:00 p.m. and 8:00 a.m.

§ 112-11 Conduct of sale.

A. 
An auction sale shall be permitted only within a fully enclosed structure.
B. 
No loud speaker or other voice-amplification system shall be permitted on any street or outside any fully enclosed structure nor shall any such loud speaker or voice-amplification system be audible upon any sidewalk or public street.
C. 
No person shall solicit, distribute pamphlets, or conduct any other activity which is commonly referred to as "hawking" upon any public street or sidewalk for the purpose of enticing passersby or pedestrians to attend an auction sale.

§ 112-12 Fraudulent practices prohibited.

No person shall act at any such auction sale as a false bidder, or what is commonly known as a "capper," "booster," or "shiller," or offer to make any false bids to buy any article being auctioned or offered for sale.

§ 112-13 Permit required; application; content.

Any person seeking to conduct an auction sale shall make application for a permit for that purpose which shall be in writing, under oath, addressed to the Council, and shall set forth the following information:
A. 
Name and permanent home residence of the applicant, the address of the business of the applicant at which the auction is to be conducted, and name and residence of the person designated to act as auctioneer;
B. 
A general description of the goods, wares, and merchandise to be offered at auction;
C. 
Certification that the applicant and each auctioneer has not been convicted of a crime and that the applicant has not had an auction permit previously revoked by the Council;
D. 
A certification by the applicant that:
(1) 
The auction is to be held in connection with a regularly established retail trade or business within the City.
(2) 
He is authorized to make the application as owner or agent of the retail trade or business at which the auction is to be held.

§ 112-14 Approval; issuance of permit.

A. 
Upon receipt of an application, the Council may grant the permit upon verification of the facts contained within the application.
B. 
The permit shall expire on December 31 of the year in which issued.
C. 
The fee for the issuance of a permit shall be as set forth in Chapter 191, Fee Schedule, which shall be submitted with the application for a permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Each permit issued pursuant to this article shall be conspicuously kept on public display at all times upon the premises where the auction is conducted.

§ 112-15 Suspension and revocation of permits; hearing.

A. 
The Council reserves the right to suspend the operation of the permit to conduct an auction when in its judgment the terms and provisions of this article have been violated. Immediately upon suspension of the permit, appropriate proceedings shall be forthwith instituted by the Council to afford the permittee an opportunity to be heard at a hearing.
B. 
In the event the Council finds, as a result of said hearing, any provisions of this article have been violated, the permit shall be revoked and become void; otherwise, the suspension shall be terminated and the permit shall thereupon be restored, and the said sale by auction may proceed as herein provided.

§ 112-16 Responsibility of auctioneers and permittees.

A. 
The auctioneer and all other persons participating in the conduct of the auction sale shall truly and correctly represent at all times to the public attending the auction the actual facts with respect to the quality and manufacture of each article put up for sale.
B. 
The name of the auctioneer and the name of the permittee shall be displayed on a suitable sign or placard in full view to the public attending the auction at all times during the auction.
C. 
The permittee, or his agent, shall remain in continuous attendance at all times while the sale by auction is being conducted.

§ 112-17 Nonapplicability to certain auctions.

The requirements of this article shall be held not to apply to or to include any auction sale which is:
A. 
Conducted under direction of any court;
B. 
Specifically authorized by statute;
C. 
Conducted by any religious, charitable, fraternal, patriotic, civic, or political organization;
D. 
Conducted by an artist of pictures, sculptures, or other works of art made by him;
E. 
For the sale of the personal effects or household furnishings of any person when such articles have been owned by such person and have been used by him in the City for a period of not less than six months prior to any such auction sale thereof;
F. 
Conducted by any executor or administrator of an estate in which any such articles where a part of the personal effects or household furnishings of any deceased person, owned by him and used by him as such in the City at the time of his decease.

§ 112-18 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.