[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as Ch. 7 of the 1973 Code. Amendments noted where applicable.]
Any person, who shall conduct, engage in, carry on or represent or announce himself/herself as conducting, engaging in or carrying on the business of a public auctioneer without having first obtained a license as provided for in this chapter, or who shall violate any of the provisions of this chapter, or who, having had his/her license revoked, shall continue to engage in or carry on the business of a public auctioneer, shall be guilty of a misdemeanor. In addition to the penalty imposed, the license of the person violating the same shall be cancelled or revoked, and the bond upon such license shall be forfeited.
The term "public auctioneer" when used in this chapter shall mean and include any person selling or offering for sale for another or for himself/herself at public auction any goods, wares, merchandise, or real or personal property of any description, except as herein provided.
It shall be unlawful for any person to conduct, or to represent, or circulate, or place before the public any announcement that he/she conducts the business of a public auctioneer without first having obtained and paid for and having in full force and effect a license therefor as herein provided.
Nothing herein contained shall apply to judicial sales or sales by public officers in the manner prescribed by law; nor shall anything herein contained apply to sales by executors, administrators, trustees under deed of assignment, or by lienors acting personally in their official capacity.
Every person desiring to procure a license as herein provided shall file with the Mayor a verified petition, which shall contain the name; business and residence addresses of the applicant; the length of time such applicant has resided in the City, his/her previous employment and where; whether married or single; whether he/she has ever been convicted of a misdemeanor or felony, and, if so, what offense, when and in what court; whether he/she has either alone or with someone else ever engaged in the business of public auctioneer, and, if so, when and where. Every applicant for such a license shall furnish to the Mayor evidence that he/she has complied with the laws of the State of New York regulating auctions and auctioneers. No person shall receive or be entitled to receive a license pursuant to this chapter unless he/she be a person of good moral character and shall furnish satisfactory evidence thereof to the Mayor. Such petition shall be signed and verified before a notary public or other official authorized to administer oaths in the City.
An application for a license hereunder shall be accompanied by a bond to the City in the penal sum of $5,000 approved as to form, sufficiency and validity by the Corporation Counsel, conditioned that the applicant will, if granted a license, lawfully perform his/her duties as such public auctioneer as required by law and ordinances heretofore or hereafter enacted and render such accounts and pay such fees and duties as may be required of him/her by law.
Upon the filing of the petition and bond as provided in previous sections, the Mayor shall ascertain if the applicant is a person of good character and repute and may, upon his/her approval of such application and the payment to the City of the license fee hereinafter provided, issue to the applicant a license to engage in the business of public auctioneer.
No public auctioneer's license shall be refused except for a specific reason or in the interests of the public safety, good order and morals.
All public auctioneers' licenses shall be numbered in the order in which they are issued and shall state clearly the date of issuance, the fee paid and the name and business address of the licensee.
Every public auctioneer's license shall expire on the first day of January next succeeding the day on which it is granted.
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he/she can show that the reason for such rejection no longer exists.
No public auctioneer's license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by another person, and any person who uses such license granted to another person, shall be guilty of a violation of this chapter.
Whenever a public auctioneer's license shall be lost or destroyed without fault on the part of the holder, a duplicate license in lieu thereof under the original petition and bond may be issued by the Mayor in his/her discretion, upon the filing with him/her of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
No person shall destroy, deface or injure a license in any manner, or change the name, numbers or dates on a public auctioneer's license.
The license fee for a public auctioneer shall be as set by resolution of the City Council, payable at the time the license is issued.
Whenever the Mayor believes that sufficient cause exists for the revocation of a license he/she may, upon his/her own motion, or upon complaint made by any person, revoke any license granted under the provisions of this chapter; provided, however, that when a license is revoked, the Mayor shall notify the licensee in writing and give the reasons for such revocation.
Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made and no license shall be granted to any person whose license has been revoked in the discretion of the Mayor within a period of one year of the date of such revocation.
When a license is revoked as herein provided, the holder shall surrender the same to the Mayor or to his/her duly authorized agents or police officials.
No auctioneer shall make any false representation as to the character, quality, condition, previous history, value or ownership of any property offered for sale.
No auctioneer shall substitute any other article for the article sold to the bidder.
No auctioneer shall bid on any property offered for sale by himself/herself, and no person shall act as an accomplice, "capper," "booster," or "shiller," for the purpose of making mock or false bids at any auction.
No auctioneer shall employ a bellman, crier, instrument of music or means of attracting the attention of passersby, other than a sign or flag, which shall bear the license number, except as provided by law or ordinance.
No auctioneer shall conduct any auction sale for a transient merchant or other person who has not procured a license or permit as required by law or ordinance, or whose license or permit has expired or been revoked.
No auctioneer shall refuse to exhibit his/her license to any police officer upon demand at the place where an auction is being conducted.
No auctioneer shall receive for sale by auction or sell by auction any goods, wares or merchandise from or to any minor, knowing him/her to be such.
Every public auctioneer shall, upon the receipt or acceptance by him/her of any goods for the purpose of sale at auction, and before offering the same or any part thereof for sale at auction, write or cause to be written in a book to be kept by him/her for the purpose:
The name and address of the person who employed him/her to sell such goods at auction;
The name and address of the person from whom such public auctioneer received or accepted such goods;
The name and address of the person who was the owner, the authorized agent of the owner, or the consignor of such goods immediately prior to the receipt or acceptance for the purpose of sale at auction of the same by such public auctioneer;
The location with street and number, if any, of such goods immediately prior to the receipt or acceptance of the same by such public auctioneer for the purpose of sale at auction;
The date of the receipt or acceptance by such public auctioneer of such goods for the purpose of sale at auction;
The place, with street and number, if any, in which such goods are to be held, kept or stored until sold or offered for sale at auction;
The place, with street and number, if any, in which such goods are to be sold or offered for sale at auction;
A description of such goods, the quantity thereof and the distinctive marks thereon, if any; and
The terms and conditions upon which such public auctioneer receives or accepts such goods for sale at auction.
The expression "goods" as used in this section signifies any goods, wares, works of art, commodities, compounds or things, chattels, merchandise, or personal property which may be lawfully kept or offered for sale, but shall not include goods damaged at sea or by fire and sold or to be sold for the benefit of the owners, insurers or for the account of whom it may concern, or goods sold by virtue of judicial decree. Nothing in this section shall apply to the sale of real property at auction.
Books required to be kept by this chapter and the entries therein, made as provided in the preceding section, shall, at all reasonable times, be open to the inspection of the Mayor, the Chief of Police, and any person who shall be duly authorized by either of them.
A public auctioneer's license shall not be granted to any person who has been convicted of a felony or a misdemeanor involving moral turpitude or laws of the State of New York or ordinances of the City relating to auctions and auctioneers.
No person having a license granted under this chapter shall delegate his/her power to any clerk, partner or person; but the privilege given shall be personal to the person named in the license and shall be exercised by him/her alone.
No person, whether acting as principal or agent or other, shall conduct any such public auction in the City without first obtaining a license as provided herein.
Any person applying for a license to conduct any public auction in the City shall apply for such license by verified petition to the Mayor, stating his/her name, residence or place of business and the street number of the place where the proposed auction is to take place. There shall accompany such petition and be made a part thereof an inventory in detail of the goods which are to be sold and what facts are to be represented upon said sale as to such goods. The applicant shall also furnish to accompany said petition such other and further information as shall be necessary to establish the truth of the facts stated in said petition.
No license shall be granted under this chapter which shall permit such auction sale to be conducted between the hours of 6:00 p.m. and 8:00 a.m.
A licensee under this chapter shall at all times during the conduct of such public auctions as shall be operated under the license issued in accordance with this chapter allow an inspection to be made by an official of the City for the purpose of ascertaining whether or not the goods which are being sold comply with the representations made concerning said goods, said inspection to be made during business hours.
The granting of a license under this chapter shall rest in the discretion of the Mayor. If, for any good and sufficient reason, after investigation, the Mayor in his/her opinion deems the granting of such license inadvisable for the best interest of the City, he/she shall not issue it.
Before the issuing of an auction license, there shall be paid to the Mayor a license fee of $10 per day which shall be sufficient to cover the cost of issuing said licenses and the cost of inspections under this chapter and any other expense to the City under this chapter; this fee shall be waived for charitable institutions; no license shall be granted for a longer period than 15 days.
The Mayor in his/her discretion may for any good and sufficient reason revoke the license granted under the provisions of this chapter.