[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.
Any public sale of property, whether real or personal, to the person
offering the highest price.
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:
A.
The name of the applicant.
B.
The residence and business address of the applicant.
C.
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.
D.
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.
E.
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.
F.
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:
A.
The applicant or license holder is not an individual
of good moral character and business responsibility.
B.
The application contains any false, fraudulent or misleading
material statement.
C.
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.
D.
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.
E.
The applicant or license holder has violated any of the
statutes of the State of New York relating to auctions or auctioneers.
F.
The applicant has been convicted of any crime or misdemeanor
involving moral turpitude.
G.
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.
A.
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:
(1)
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.
(2)
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.
(3)
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 65-7 hereof.
(4)
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.
B.
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:
A.
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.
B.
Such hearing shall be held on a date at a place and hour
designated by the chairperson thereof.
C.
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.
D.
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.
E.
All witnesses shall be sworn and examined under oath.
F.
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.
