[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 1-5-1976 by L.L.
No. 1-1976 (Ch. 46 of the 1976 Code). Amendments
noted where applicable.]
It shall be unlawful for any person to engage in the business
of auctioneering without a license therefor.
It shall be unlawful for any premises to be used for the conducting
of an auction without a permit being first obtained.
Every person intending to engage in the business of auctioneering
shall apply to the Village Clerk for a license therefor upon a written
application containing the following information:
A.
Name of applicant.
B.
Permanent home residence.
C.
Name and address of firm or association represented.
D.
Two business references.
E.
Place or places of residence of the applicant for the preceding three
years.
F.
Length of time for which the license is desired.
G.
A description of the wares to be offered for sale and the terms and
conditions of said sale.
H.
The time and place where the business of auctioneering is to be carried
out.
I.
Whether the applicant has ever been convicted of any crime or infraction
and the details of such conviction.
A.
The fee for such license shall be as established from time to time
by resolution of the Board of Trustees.[1] Subject to the approval of the Board of Trustees, all
charitable or nonprofit organizations shall be exempt from the license
fee.
B.
Upon the receipt of such application, the applicant shall be investigated
by the Chief of Police, who shall report, in writing, to the Village
Clerk the result of his investigation, which report the Clerk shall
forward with the application to the Mayor, who shall grant the same
if he shall deem the applicant fit and proper for such trade or occupation.
C.
Every license shall be signed by the Mayor and countersigned by the
Clerk of the Village, who shall keep a record thereof and the amount
of fee to be paid therefor, and upon the presentation of such license
to the Treasurer of the Village, so signed and countersigned, and
the payment to the Treasurer of such fee, the Treasurer shall endorse
thereon his receipt of the license fee. The license shall not take
effect until the receipt of the Treasurer shall have been endorsed
thereon.
If the Mayor shall determine that an applicant is not fit and
proper, he shall refuse such license, stating his reasons thereon
in writing. An applicant who shall have been refused such license
by the Mayor may apply to the Board of Trustees therefor at a meeting
thereof, and the license may be granted or refused by the Board.
The Mayor may suspend any such license until the next meeting
of the Board of Trustees, and thereupon the license may be revoked
or continued by the Board. If the license is revoked, the license
fee shall be returned.
A.
Any person intending to use any premises for the conducting of an
auction shall obtain from the Mayor a permit therefor, but no such
permit shall be granted unless the person intending to conduct said
auction is the holder of a license issued under this chapter, nor
shall any permit be granted if, in the opinion of the Mayor, the granting
thereof will create a fire hazard or a hazard to safety or health
or cause interference with the free, easy and safe flow of traffic
through the Village or result in undue commotion or in the creation
of a nuisance.
B.
The Mayor, in granting such permit, may impose conditions so as to
protect the adjacent premises from trespassers or disturbances and
preserve the proper peace, health and good order of the Village.
C.
No premises shall be used for the conducting of auctions at any time
after sundown or on Sundays or holidays.
D.
Any permit granted by the Mayor herein may be revoked on notice to
the holder thereof by registered mail and upon due cause. The granting
or revoking of any permit shall be reviewed by the Board of Trustees
upon written application to the Board for such review by any aggrieved
party, and the Board, upon review, may either grant, revoke, limit
or modify such permit.
The chapter shall not be construed to regulate or prevent a
sale of real or personal property under a court order or, without
a court order, for the purpose of settling an estate, nor shall it
prevent any person, firm or corporation from offering for sale to
the highest bidder, by auction or otherwise, real or personal property
acquired from time to time in the ordinary course of business or affairs
and not purchased for the purpose of resale at auction.
