[HISTORY: Adopted by the Borough Council of the Borough of Alpine
7-23-1997 by Ord. No. 534. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 142.
The purpose of this chapter is to regulate auctioneers in the Borough
of Alpine.
For the purposes of this chapter, the following terms shall have the
meanings set forth:
A person who cries off and sells real or personal property at public
auction, excepting a person or officer making sale of real or personal property
in pursuance of an execution on order of a court of competent jurisdiction.
[Amended 2-28-2001 by Ord.
No. 580]
It shall be unlawful for any auctioneer to engage in business within
the Borough without first obtaining a license. Auction license applications
shall be received in writing in the Office of the Borough Clerk not later
than 30 days prior to the auction date.
[Amended 2-28-2001 by Ord.
No. 580]
In addition to the information required by § 71-3, the application for an auctioneer's license shall indicate the place where the real or personal property is to be auctioned, where such real or personal property is located at the time the application is filed and the proposed method of delivery of personal property. The auctioneer and the owner shall present a list of the items of personal property to be auctioned, and said list shall be attached to the application and be certified to be true by both the owner and the auctioneer. After the filing of the application of the auction license, there shall be no delivery of personal property to the place where the auction is scheduled to be held. An auctioneer shall at all times when engaged in the said auction have such license upon his person or conspicuously displayed at the place of the auction. The license shall be issued by the Borough Clerk upon the presentation of a proper application approval by the Police Department and the Fire Department and the payment of the fees herein fixed which fees shall be for the use of the Borough. The application shall state the name of the applicant, the address of the applicant, the date and time of the auction and such other facts as the Borough Clerk may reasonably require. The Borough Clerk shall not issue a license without payment of the fees herein fixed. A license may be issued for a limited time not exceeding three consecutive days. No license granted hereunder shall be transferable and no license shall apply to any person other than the one named therein. Every auctioneer who is issued a license as required herein shall exhibit such license at any time upon the request of any member of the Police Department or of the Fire Department. Any license granted under the provisions hereof may be revoked by the Mayor and Council after a hearing for the violation of any of the provisions of this chapter or any other ordinances of the Borough applicable to auctioneers of the business or occupation of an auctioneer.
[Amended 2-28-2001 by Ord.
No. 580]
The fee shall be $1,000 for each day or part of each day of the auction.
At the time of the application the applicant shall deposit with the
Borough Clerk a cash bond in the amount of $2,500 to be held by the Borough
Clerk for 120 days after the last day of the auction in order to reimburse
the Borough for any expenses, costs or claims incurred by the Borough as a
result of the failure of the applicant to comply with the terms and conditions
set forth in the license issued to the applicant. In the event the applicant
complies with all of the terms and conditions set forth in the license issued
to said applicant and there are no other claims made by any persons relating
to the issuance of the said license on or before the expiration of said 120
days, the Borough Clerk shall return the said $2,500 cash bond to the applicant
upon receipt of a written request from the applicant to return the said cash
bond.
Upon receipt of an application for an auctioneer's license, the Borough
Clerk shall notify the Police Department and the Fire Department in writing.
The Police Department shall determine if the site is acceptable for an auction
from a safety, parking and traffic viewpoint and shall determine if additional
police protection is required. The Police Department may approve or disapprove
the location of said proposed auction. The Fire Department shall determine
if the site is acceptable for an auction from a firesafety and occupancy limitation
viewpoint. No license shall be issued unless both the Police Department and
the Fire Department approve the same. The Police Department and the Fire Department
shall each notify the Borough Clerk in writing of their decisions.
[Added 2-28-2001 by Ord.
No. 580]
A.
The holder of a license for an auction shall hire, at
such holder's sole cost and expense, an Alpine police officer who will be
present at the site of the auction at all times during the auction.
B.
At the time of the auction an Alpine police officer will
verify that the items set forth on the certified to be true list of items
to be auctioned which is attached to the application are on the site at the
time of the auction and no additional items have been added. In the event
there are items at the auction site which are not included on the said list
then the police officer shall close down and terminate the auction.
[Added 2-28-2001 by Ord.
No. 580]
Auctions must be conducted inside the residential house and may not
be conducted as part of a going out of business sale nor may auctions be conducted
at any other place in the Borough of Alpine except in a residential home.
[Added 2-28-2001 by Ord.
No. 580]
In addition to the aforementioned fees, the following fees, shall be
paid to the Borough Clerk in advance of the issuance of the license. If the
fees cannot be determined at that time, the fees will be paid out of the escrow
or the licensee shall pay the same when the total fees are finally determined.
A.
The charge for each police officer shall be at overtime
rates for a minimum of four hours.
B.
For each police vehicle as required and determined by
the Chief of Police for each eight hour shift or part thereof: $100.
C.
Any police equipment used by the Police Department as
deemed necessary by the Chief of Police shall be charged at a reasonable rate
as determined by the Chief of Police.
D.
The charge for each Department of Public Works employee,
if required, shall be at overtime rates for a minimum of four hours.
E.
Daily fee for the Fire Official to inspect the site for
fire lane approval, equipment inspection, fire protection inspection (exits,
etc.) and an inspection on the day of auction: $100.
F.
In the event the Fire Official requires fire equipment
to be at the site, the charge for each vehicle for each eight-hours day or
part thereof: $200.
G.
The charge for a standby or active fire fighter as determined
by the Fire Official shall be at the overtime rate for a Department of Public
Works employee for a minimum of four hours.
[Added 2-28-2001 by Ord.
No. 580]
The Mayor and Council may waive any and all fees as required by the
aforesaid sections in the event of an undue hardship on the owner of the residential
premise. The waiver may only be granted after a public hearing of the Mayor
and Council.
No auction shall be concluded before 9:00 a.m. or later than 5:00 p.m.
prevailing time nor on Sundays or legal holidays.
