A. 
No person, firm or corporation shall sell personal or real property by public auction intended to be conducted or managed by any person who acts in the capacity of auctioneer, whether or not licensed, without first having applied for and procured a written license therefor from the Mayor or any other village officer so designated, in writing, by the Mayor or Village Board.
B. 
This Article shall not apply to sales by public officers.
A. 
Application for such license shall be made to the Village Clerk in a letter or other form required by the Village, and shall be executed by the applicant in writing. The application shall be accompanied by payment of a license fee of $50 per day or part thereof that the auction sale may be in progress. The application shall substantially set forth the following information:
(1) 
Name of the persons, firm, group, corporation, association or organization conducting said sale.
(2) 
Name of the owner of the property on which said sale is to be conducted, and the consent of the owner if the applicant is other than the owner.
(3) 
Location at which the sale is to be conducted.
(4) 
Number of days of the proposed sale.
(5) 
If real property is intended to be sold, the Nassau County Land and Tax Map designation and the street number of said premises.
(6) 
A general description of the personal property or merchandise offered for sale and whether any of said property was brought into the premises specifically for purposes of sale.
B. 
The application shall be accompanied by the payment of a license fee as established in a Miscellaneous Fee Schedule adopted by resolution of the Board of Trustees. The fee schedule may be amended from time to time by like resolution and shall be available in the office of the Village Clerk.
[Amended 12-5-2019 by L.L. No. 20-2019]
It shall be unlawful to conduct any sale of personal property or real property at a public auction, with or without a license, except between the hours of 9:00 a.m. and 4:00 p.m., nor shall any personal property of whatever kind or description be brought into any premises within the Village for the purpose of sale or exposure for sale at any public auction.
All sales of personal property and real property at a public auction shall be conducted indoors, that is, within the premises whereat the sale is advertised. Every article of personal property sold by public auction shall, if practicable, be removed by sunset on the day of such sale, or no later than the following day. No personal property shall be displayed or sold at or near the front entrance of the premises where the sale is intended to be conducted, on the front lawn or front portion of said premises or upon any Village property or sidewalk.
[1]
Editor's Note: Former § 8-5, Signs; food and drink, was repealed 3-1-2012 by L.L. No. 2-2012.
The Village Board may waive the payment of a license fee for the issuance of a license for the conduct of a sale by public auction which has as its objective the solicitation of funds, gifts or contributions for charitable, religious, educational, Village or Russell Gardens Association purposes, provided that a license is duly applied for, notwithstanding that an exemption may be granted in the applicant's favor.
Nothing herein contained shall affect, limit or curtail the right of private sale of property, real or personal, which sale does not otherwise conflict with the provisions of this Article.
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the orders of any member of the Nassau County Police Department or the Fire Department in order to maintain the public health, safety and welfare.