[HISTORY: Adopted by the Board of Trustees of the Village of Groton during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who sells property, whether real or personal, at auction.
- AUCTION OR PUBLIC AUCTION
- Any public sale of property, whether real or personal, to the person offering the highest price.
- TAG SALE, YARD SALE, GARAGE SALE AND BARN SALE
- Any sale of used or secondhand personal property, conducted as other than an ongoing business, in connection with which the seller does not replenish his inventory of salable merchandise as merchandise is sold and when conducted for a fee or commission by a person other than the owner of the property being sold or where the sale is taking place. The provisions of §§ 65-2, 65-3, 65-8, 65-9 and 65-10 of this chapter shall apply to such sales, and the terms "auctioneer" or "auction," when used in such sections, shall be deemed to include sales as defined under this provision.
No person shall exercise the business or trade of auctioneer or sell any property at public auction or outcry within the Village of Groton without first having obtained a license to act as such auctioneer. Such license may be issued by the Village Clerk of the Village of Groton upon application and upon payment of a fee of $25 for a license valid for a specific, individual event or of $100 for a license for an unlimited number of events to be conducted within one year of the date of issuance of the license.
The application to the Village Clerk for an auctioneer's license shall require the following information:
The name of the applicant.
The residence and business address of the applicant.
A statement as to whether or not the applicant holds or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses; and a statement of the time, place and by whom issued.
A statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a full and accurate statement as to the reasons for any such refusal.
A statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant, together with a full and accurate statement as to the reasons for any such revocation.
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance or local law and, if so, the nature of the offense and the punishment or penalty assessed therefor.
Before issuing an auctioneer's license to an applicant, the Village Clerk shall institute his own investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. The Village Clerk may waive these requirements in an application for renewal of an auctioneer's license by an applicant holding an unexpired auctioneer's license pursuant to this chapter, where such investigation of the applicant's moral character was previously made.
An auctioneer's license may be revoked by the Village Clerk or an application for issuance or renewal thereof may be refused by him if he makes a good-faith determination that:
The applicant or license holder is not an individual of good moral character and business responsibility.
The application contains any false, fraudulent or misleading material statement.
The applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any goods, wares or merchandise in the village.
The applicant or license holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the village.
The applicant or license holder has violated any of the statutes of the State of New York relating to auctions or auctioneers.
The applicant has been convicted of any crime or misdemeanor involving moral turpitude.
The applicant or license holder has conducted an auction sale of or offered for sale at auction any real or personal property goods, wares or merchandise in the village in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Any person who has been refused the issuance of an auctioneer's license or has had a previously issued auctioneer's license revoked or suspended or has been refused the issuance of a permit or has had a previously issued permit revoked or suspended by the action of the Village Clerk shall have the right to review the action of the Village Clerk as hereinafter provided:
An application for such review shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Village Clerk was erroneous.
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application by the Village Clerk has been mailed to him or delivered to him in person.
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 65-7 hereof.
At such hearing, the review board shall consider the record upon which the Village Clerk based his determination and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
The review board, after such hearing, may affirm the action of the Village Clerk or direct the Village Clerk to issue a proper license pursuant to this chapter.
Whenever it shall be provided herein that a hearing shall or may be held in connection with an application, license or permit:
If an applicant, licensee or permit holder requests a hearing, the Mayor shall designate two or more members of the Village Board to conduct said hearing as a review board, and the Mayor shall designate one of such persons to act as chairperson of the review board.
Such hearing shall be held on a date at a place and hour designated by the chairperson thereof.
The Village Clerk shall give notice thereof, stating the name and address of the applicant, licensee or permit holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant, licensee or permit holder concerned, at the address shown upon the most recent application of such applicant, licensee or permit holder at least 10 days prior to such hearing.
The applicant, licensee or permit holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
All witnesses shall be sworn and examined under oath.
Upon completion of the hearing, the review board shall make a determination as to whether or not to uphold the decision of the Village Clerk and whether or not a license or permit should be issued to the applicant or not be revoked as the case may be.
The provisions of this chapter shall not be applicable to auction or other sales conducted by any of the following when conducted directly by them without engaging the services of an auctioneer or other third party who is subject to the licensing provisions of this chapter: trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process, nor to the sale of real property at auction or sales by licensed pawnbrokers of unredeemed pledges or sales conducted under the auspices of religious or eleemosynary institutes.
Nothing herein contained shall be construed to infringe upon or impair the provisions of the General Business Law relating to the regulation of auctions and auctioneers.