[R.O. 1951, Ch. 8, § 1]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A sale or offering for sale to the highest bidder of any
goods, wares and merchandise of any description whatsoever.
All goods, wares and merchandise of any description whatsoever,
which a merchant ordinarily carries on hand in such business and which
were purchased by the merchant not later than 60 days prior to the
date of application for a permit to conduct an auction.
[R.O. 1951, Ch. 8, § 1]
It is the intent of this article to permit auction sales within
the Township only where necessary to wind up business quickly and
to prohibit auction sales as an established merchandising practice.
[R.O. 1951, Ch. 8, § 2]
The purposes of this article are:
[R.O. 1951, Ch. 8, § 3]
Auction sales of goods, wares and merchandise of any description
whatsoever within the Township, except as provided in this article,
are hereby prohibited.
[R.O. 1951, Ch. 8, § 4]
The provisions of this article shall be held not to include
any auction sale conducted under the direction of any court; nor any
auction sale when specifically authorized by statute; nor any auction
sale conducted by any religious, charitable, fraternal, patriotic,
civic or political organization; nor any auction sale by an artist
of pictures, sculptures or other works of art made by him; nor any
auction sale of the personal effects or household furnishings of any
person and which articles have been owned by such person and have
been used by him as such in the Township for at least a period of
six months prior to any such auction sale thereof; nor any auction
by any executor or administrator of any such personal effects or household
furnishings of any deceased person, owned by him and used by him as
such in the Township at the time of his decease.
[R.O. 1951, Ch. 8, § 5]
Each applicant for a permit to conduct an auction sale shall
execute and file with the Township Clerk a good and sufficient bond
in the sum of $1,000, with two or more sureties thereon who shall
be freeholders within the Township, or with the surety thereon a surety
company authorized to do business in the state, which bond shall be
conditioned upon the faithful observance of all the conditions and
provisions of this article.
[R.O. 1951, Ch. 8, § 6]
No person shall act at any auction sale as what is commonly
known as a "capper," "booster" or "shiller," or offer to make any
false bid to buy any article being auctioned or offered for sale at
such auction.
[R.O. 1951, Ch. 8, § 7]
No auction sale shall be licensed or permitted unless it is
held at the regularly established place of business where the regular
business of the applicant for a permit to conduct the auction sale
has been conducted for a period of at least one year prior to the
date of the application for such permit.
[R.O. 1951, Ch. 8, § 8]
Wherever a licensed sale by auction shall be conducted, the
person to whom the permit has been granted, or the agent, in the event
of a corporation, shall remain in continuous attendance at all times
while such sale by auction is being conducted. Such person or agent
shall be responsible for any violation of this article.
[R.O. 1951, Ch. 8, § 9]
At all sales by auction, the permittee and all persons participating
in the conduct of such sale by auction shall truly and correctly represent
at all times to the public attending the auction the actual facts
in respect to the quality, manufacture and cost of each article put
up for sale when such information is requested by a bidder or prospective
bidder.
[R.O. 1951, Ch. 8, § 10]
No auction sale or any other sale by any place regulated by
this article shall be conducted between the hours of 10:00 p.m. and
8:00 a.m.
[R.O. 1951, Ch. 8, § 11]
No permit shall be granted for any sale by auction if it appears
to the Township Manager that the applicant or any agent or affiliate
or assignee or other person on his behalf has, within the period of
two years prior to the date of the application, conducted a similar
sale by auction pursuant to and in conformity with the provisions
of this article.
[R.O. 1951, Ch. 8, § 12]
It shall be unlawful for any person to sell or attempt to sell
by auction or advertise for sale by auction any goods, wares or merchandise,
falsely representing or pretending that such goods, wares or merchandise
are in whole or in part a bankrupt or insolvent stock or damaged goods
or goods saved from a fire, or to make any false statement as to the
previous history, ownership, quality or character of such goods, wares
or merchandise.
[R.O. 1951, Ch. 8, § 13]
No person shall offer for sale at auction any article and induce
its purchase by any bidder, and afterwards substitute any article
in lieu of that offered to and purchased by the bidder, except with
the bidder's knowledge and consent.
[R.O. 1951, Ch. 8, § 14]
Any person desiring a permit to conduct an auction sale within
the Township shall make an application therefor in writing, under
oath, addressed to the Township Clerk, setting forth the following
information:
(a)
The name and permanent home residence of the applicant.
(b)
The place of residence for the preceding five years.
(c)
A schedule setting forth a complete description and inventory of
the articles to be offered for sale.
(d)
A certification under oath that such stock on hand as set forth in
the schedule does not contain any goods, wares and merchandise purchased
within 60 days of the date of the certification.
(e)
A certification that the applicant has not been convicted of any
crime.
(f)
A detailed description of the premises where such articles of goods,
wares and merchandise are presently stored and a description of the
premises upon which the proposed auction is to be conducted.
(g)
A certification under oath by the applicant that such business has
been conducted on the premises for at least one year prior to the
date of application.
(h)
A certification under oath by the person making the application that:
(1)
He is authorized to make the application.
(2)
He is familiar with the books of the business.
(3)
Such business is actually being carried on at a loss and it is necessary
to sell all of the merchandise in order to wind up the business and
close it down; or it is the true intent of the owner of the business
to terminate such business and permanently discontinue it at such
address.
[R.O. 1951, Ch. 8, § 15]
Upon an application for a permit being filed with the Township
Clerk, a permit shall be issued upon the direction of the Township
Manager, provided that the terms and conditions of this article shall
be fully complied with.
[R.O. 1951, Ch. 8, § 16]
All permits to conduct auctions within the Township shall be
issued only upon the following conditions and provisions:
(a)
The business has been conducted at the premises for one full year
next preceding the date of the application.
(b)
The true intent and the honest purpose of the owner of the business
is to sell all of the stock of the business for the purpose of permanently
terminating the business at such address.
(c)
All merchandise set forth in the schedule attached to the application
has been purchased by the business in the usual and ordinary conduct
of the business heretofore, and the goods, wares and merchandise do
not include any that were purchased within 60 days from the date of
the application.
[R.O. 1951, Ch. 8, § 17]
All auction permits shall be valid for a maximum of 10 consecutive
days, Sundays and legal holidays excepted, from the date such permits
are issued.
[R.O. 1951, Ch. 8, § 18]
No auction sales permits shall be issued during the month of
December.
[R.O. 1951, Ch. 8, § 19; amended by Ord. No. 3518, 9-30-1997]
The fee for the issuance of an auction sale permit shall be as set forth in Appendix III of Chapter 2.
[1]
Editor's Note: Former§ 8-21, Rebate, of the 1965
Code was repealed by Ord. No. 3429, 10-17-1995, § 10.
[R.O. 1951, Ch. 8, § 21]
The Township Manager shall have the right at all times to suspend
the operation of any permit permitting an auction when the terms and
provisions of this article have been violated. Immediately upon the
suspension of the permit, appropriate proceedings shall be instituted
by the Township Council to afford the permittee an opportunity to
be heard at a hearing. In the event the Township Council finds as
a result of such hearing that the provisions of this article have
been violated, the suspension of the permit shall become permanent
and the permit shall become null and void, otherwise the suspension
shall be terminated and the permit thereupon restored, and the sale
by auction may proceed.
[R.O. 1951, Ch. 8, § 22]
Each permit issued pursuant to and in conformity with this article
shall be consecutively and numerically numbered and shall be conspicuously
kept on public display at all times upon the premises where the auction
is to be conducted.
