[HISTORY: Adopted by the Board of Commissioners (now City
Council) of the City of Atlantic City as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-1-1937 by Ord. No. 24-1937]
For the purposes of this article, the following terms shall
have the meanings indicated:
Includes any individual or individuals, copartners, corporations
or associations. Whenever a statement or act is required to be made
or done by a corporation, the same shall be effected by its duly authorized
officers. The use of the singular shall be deemed to include the plural
as well; the masculine shall be deemed to apply also to the feminine.
No person shall act as a public auctioneer and no person shall
engage in the auction business, in whole or in part, or cause to be
held any public auction or public venue within the limits of the City
of Atlantic City, County of Atlantic and State of New Jersey, without
first having had and obtained a mercantile license as hereinafter
provided for so doing.
Before any license is granted as set forth in § 87-2 of this article, the applicant shall make application, in writing, therefor, on a form to be provided by the Director of Revenue and Finance of the City of Atlantic City, and under oath, and file the same with said Director, where same shall be open for inspection. Said application shall state:
A.
Full name of the applicant.
B.
His residential address.
C.
Length of time of continuous bona fide residence in the County of
Atlantic immediately prior to making the application.
D.
Places where the application has resided for a period of three years
immediately prior to making the application.
E.
Whether any person or persons or corporation other than the applicant
has any interest, directly or indirectly, in the license applied for
or in the business to be conducted, and, if so, the name, residence
and interest shall be stated.
G.
Address of the place of business.
H.
Whether the applicant has ever been convicted of a crime.
I.
The experience the applicant has had as an auctioneer or as a person
engaged in the auction business.
J.
The place or places and the time that the applicant has been so engaged
as an auctioneer or in the auction business.
K.
The name of the bonding company to furnish the bond as hereinafter
required.
L.
Said applicant shall also file with said Director, where same may
be open for inspection, but for the proper authorities only, certificates
of approval by no less than three reputable citizens of the City of
Atlantic City, each of whom shall certify that he or she has personally
known the applicant for a period of at least three years prior to
the filing of said application, and that he or she has read such application
and has good and sufficient reason to believe that each of the statements
therein are true; that the applicant is honest, of good character
and competent to conduct the auction business or calling of auctioneer,
and that such person is not related to or connected in a business
way with the person so certifying. Said certificates of approval shall
be signed and duly verified and acknowledged before an officer authorized
to take acknowledgments of deeds.
M.
Each auctioneer shall also furnish a photograph taken within one
year of the application, said photograph to be two by two inches and
securely attached to the license, if issued.
[1]
Editor's Note: Former § 87-4, Investigation,
was repealed 7-21-2010 by Ord. No. 49-2010.
[Amended 8-12-1937 by Ord. No. 28-1937]
The Director of Revenue and Finance shall, as a condition precedent
to the granting of the license to engage in the auction business,
require the applicant to enter into a bond to the City of Atlantic
City executed by a surety company duly authorized to do business under
the laws of the State of New Jersey, said bond to be approved by the
Director of Revenue and Finance of the City of Atlantic City and to
be in the sum of $2,500, conditioned for the due observance of all
such ordinances of the City of Atlantic City as are in force or may
be passed respecting the conduct or operation of the auction business
at any time during the continuance of such business, for the performance
of all duties, the rendition of all accounts and payment of all moneys
required by law to be paid, and also conditioned for the payment to
any person who shall be defrauded or suffer loss by reason of the
violation by such auction business owner or any employee thereof of
any of the provisions of this article or state law, or any other ordinance
that may hereafter be required. Said bond shall be for the protection
of persons and property and for the preservation of the safety and
property of the municipality and its inhabitants, and as may now or
hereafter be required by any state law or municipal ordinance or regulation.
[1]
Editor's Note: Former § 87-6, Residence requirements,
and former § 87-6, Residence satisfaction, were repealed
7-21-2010 by Ord. No. 49-2010.
Every license which shall be granted to individual auctioneers
shall entitle the licensee to operate anywhere within the legal limits
of the City of Atlantic City for a period of one year from July to
July of the succeeding year, provided that said licensee gives the
Director of Revenue and Finance written notice of each change of address.
Such privilege, however, shall not be accorded to any license granted
to an auction business or to a corporation without a new application
when removing to a location other than the one given in the original
application. No license shall be transferable to anyone other than
the applicant at any time.
[Amended 7-29-1937 by Ord. No. 27-1937]
A.
The annual license fee for public auctioneers shall be $100. The
fee herein imposed for such license is imposed for revenue.
[Amended 4-20-2016 by Ord. No. 20-2016]
B.
The annual license fee for a person engaged in the public auction
business shall be $2,000. The fee herein imposed for such license
is imposed for revenue.
[Amended 5-21-1942 by Ord. No. 8-19-1942]
[Amended 4-20-2016 by Ord. No. 20-2016]
Public auctioneers' licenses, which are photo ID badges,
must be worn at all times during an auction, and public auction business
licenses shall be posted for public inspection in a conspicuous place
in the place of business of the licensee at all times.
[Amended 7-29-1937 by Ord. No. 27-1937]
Every individual or corporation operating a public auction business
shall keep books in which shall be described and inventoried in a
clear, legible manner all goods received at such establishment; the
date of receipt; the name and place of business of the person or concern
on whose account they are to be sold; the cost price to the licensee
if purchased by him or consigned to him for purposes of sale, together
with the name and address of the vendor, the names and addresses of
persons purchasing articles at the auction sale over $20 when the
same is obtainable; the dates sold and the prices paid by the purchasers,
together with a description of each article so sold. Said books shall
be open to inspection at all times by the licensing authority, or
its duly authorized enforcement officers only.
In addition to the records required to be kept as provided in § 87-11, every article offered for sale shall have securely attached a tag or label, upon which shall be plainly written or printed in the English language a true and correct statement of the kind and quality of the material or substance of which such article is made or composed; if said article is one of those commonly classed as jewelry or articles commonly carried by persons engaged in the jewelry business, the tag shall state the percentage or karat or purity of such articles; in case the article is plated or overlaid, a true statement of the kind of plate and the percentage of purity thereof, and the kind of material or metal under the plating; if the article is one commonly known as precious, semiprecious, synthetic or imitation stones, then the true names, weight, quality and color of said stones must be shown; if watches or clocks, the true name of the manufacturer, the number of jewels and adjustments, the country of manufacture, and if any of such articles or parts thereof is used or secondhand or old works in new cases, or the removal or substitution of works or any part has been made, such information must be noted on the tag which in each and every case must remain on said article until after same has been delivered and received by the customer.
It shall be unlawful for any auctioneer to accept anything other
than bona fide bids; and said auction sales are to be so conducted
as to dispose of merchandise to the highest bidder.
It shall be unlawful for any auctioneer, in describing goods
that are being auctioned, to directly or indirectly, by verbal or
written statement or advertisement, make any false representations
as to the character, quality, condition, value or ownership of said
goods or falsely represent that such goods are, in whole or in part,
bankrupt or insolvent stock or damaged goods or goods saved from fire,
or to in any way or manner violate any of the provisions of the laws
of the State of New Jersey.
It shall be unlawful for any auctioneer, clerk, helper, owner,
agent or employee to give, award, bestow or deliver any gift, prize
or premium to any person attending any auction sale, regardless of
the manner or method used therein.
It shall be unlawful to switch, fob or exchange any article
sold to a customer at public auction, unless the article to be given
in exchange shall be sold by public outcry at a regularly conducted
auction sale.
It shall be unlawful to substitute another article for or in
place of the article sold to the purchaser, and all articles being
sold must at all times be kept within sight of the purchaser until
delivered.
It shall be unlawful to sell watches or clocks with new cases
but with old works or to remove or substitute works or any parts or
to sell secondhand goods for new, unless the auctioneer, before offering
such articles for sale, shall clearly state such substitution or removal,
or that such articles are used or secondhand.
It shall be unlawful for an auctioneer to improperly urge, persuade
or force, in any manner whatsoever, the purchaser to bid for special
reasons or any purpose other than his or her personal desire to obtain
the article by clearly indicated bid.
It shall be unlawful for an auctioneer to refuse at any time
to identify the last bidder to a duly authorized enforcement officer
of the municipality.
It shall be unlawful for any person holding the auction license
to use or employ an individual as an auctioneer, if said auctioneer
has not obtained an auctioneer's license as provided for by this
Article.
It shall be unlawful for any auctioneer to engage in what is
commonly called "barking," "ballyhooing," "ringing of bell" or the
use of any other noisy device or entertainment of any kind to attract
the attention of the people passing the place where the auction is
being conducted to enter the place of business. No auctioneer shall
cry or call bids or solicit business by any means whatsoever, unless
he is standing at least 20 feet from the Boardwalk entrance to the
establishment.
It shall be unlawful for any auctioneer to use or employ, or
permit to be used or employed, what is commonly called a "capper"
or "shill" or fake bidders. It shall be unlawful to sell what are
known as "blind packages," or articles which cannot be seen by the
bidders before bids are made.
It shall be unlawful to use window signs or posters or other
forms of advertising media which shall in any way misrepresent the
source or quality of the merchandise to be sold, nor shall any window
poster signs be displayed at any time which shall have a display surface
greater than three square feet.
[Amended 7-29-1937 by Ord. No. 27-1937]
The Director in charge of granting mercantile licenses may,
upon his own motion, or upon the complaint, in writing, of any person,
investigate the actions of any licensee; and said Director, as aforesaid,
shall have the power to suspend, for the unexpired portion of the
license period, or for a period less than the unexpired portion of
the license period, or to revoke any license issued under the provisions
of this article, or to refuse to grant a new or renewal license where
the licensee, in performing or attempting to perform any of the acts
mentioned herein, is deemed to be guilty of:
A.
Making any false promise or misrepresentation;
B.
Pursuing a flagrant and continued course of misrepresentation or
the making of false promises through agents, salesmen, advertisements
or otherwise;
C.
Failure to account for or to pay over any moneys belonging to others,
coming into the possession of the licensee;
D.
Any conduct which demonstrates unworthiness, incompetency, bad faith
or dishonesty;
F.
The violation of any provision of this article; or
G.
The violation of any of the provisions of this article.
This article shall not be applicable to sales conducted by trustees
in bankruptcy, executors, administrators, receivers or other public
officers acting under the judicial process.
[Added 1-9-1975 by Ord. No. 42-1974]
It shall be unlawful for any licensee of an auction gallery licensed under the provisions of this article or any licensee licensed under the provisions of Article II hereof to operate a demonstration place, to refuse to refund or return the money, check or other evidence of indebtedness to the person who has purchased an article or merchandise from said licensee within 24 hours when demand has been made for the return of the money, check or other evidence of indebtedness within 72 hours after the purchase, provided that the purchaser returns the article or merchandise to the purchase in the same condition as it was in when purchased.
[Added 1-9-1975 by Ord. No. 42-1974; amended 2-20-1975 by Ord. No.
3-1975]
The licensee in said licensed premises must display, within
the licensed premises, a sign of at least 18inches by 18 inches with
printing approximately one inch in height for each letter and approximately
one inch in width stating "Cash Refunds in Full Amount of Purchase
Within 24 Hours of Demand Made Within 72 Hours of Purchase."
[Added 1-9-1975 by Ord. No. 42-1974]
The annual license fee for an auction gallery or a demonstration
place shall be $2,000.
[Added 4-19-1962 by Ord. No. 7-1962]
A.
From the date of final passage and effect of this article, no license
shall be granted to any auction gallery or store conducting auctions
that is located within 250 feet of any existing auction gallery or
store conducting auctions for which an auction license has been issued.
B.
Not over 12 licenses to operate or conduct an auction gallery shall
be granted by the City Council at any time.
[Amended 1-9-1975 by Ord. No. 42-1974; 11-25-2008 by Ord. No.
104-2008]
Any person violating the terms of this article may be prosecuted
in the Municipal Court of the City of Atlantic City and, upon conviction
thereof, for each offense shall be punished by a fine not exceeding
90 days in jail or by a fine not exceeding $2,000 or both, at the
discretion of the Municipal Judge.
[Adopted 6-18-1970 by Ord. No. 24-1970]
No person shall act as a demonstrator of goods or merchandise
and no person shall engage in the business of demonstrating goods
within the limits of the City of Atlantic City without first having
had and obtained a mercantile license as hereinafter provided.
Before any license is granted, as set forth in § 87-32 of this Article, the applicant shall make application, in writing, therefor, on a form to be provided by the Director of Revenue and Finance of the City of Atlantic City, and under oath, and file the same with said Director, where same shall be open for inspection. Said application shall state:
A.
Full name of the applicant.
B.
His residential address.
C.
Length of time of continuous bona fide residence in the County of
Atlantic immediately prior to making the application.
D.
Places where the applicant has resided for a period of three years
immediately prior to making the application.
E.
Whether any person or persons or corporation other than the applicant
has any interest, directly or indirectly, in the license applied for
on in the business to be conducted and, if so, the name, residence
and interest shall be stated.
G.
Address of the place of business.
H.
Whether the applicant has ever been convicted of a crime.
I.
The experience the applicant has had as a demonstrator or as a person
engaged in the business.
J.
The place or places and the time that the applicant has been so engaged.
K.
The name of the bonding company to furnish the bond as hereinafter
required.
L.
Said applicant shall also file with said Director, where same may
be open for inspection, but for the proper authorities only, certificates
of approval by no less than three reputable citizens of the City of
Atlantic City, each of whom shall certify that he or she has personally
known the applicant for a period of at least three years prior to
the filing of said application, and that he or she has read such application
and has good and sufficient reason to believe that each of the statements
therein are true; that the applicant is honest, of good character
and competent to conduct the business, and that such person is not
related to or connected in a business way with the person so certifying.
Said certificates of approval shall be signed and duly verified and
acknowledged before an officer authorized to take acknowledgments
of deeds.
M.
Each applicant shall also furnish a photograph taken within one year
of the application, said photograph to be two by two inches and securely
attached to the license, if issued.
The Director of Revenue and Finance shall investigate, or cause
to be investigated, each and every application filed as aforesaid.
The Director of Revenue and Finance shall, as a condition precedent
to the granting of the license to engage in the business, require
the applicant to enter into a bond to the City of Atlantic City executed
by a surety company duly authorized to do business under the laws
of the State of New Jersey, said bond to be approved by the Director
of Revenue and Finance of the City of Atlantic City and to be in sum
of $2,500, conditioned for the due observance of all such ordinances
of the City of Atlantic City as are in force or may be passed respecting
the conduct or operation of the business at any time during the continuance
of such business, for the performance of all duties, the rendition
of all accounts and payment of all moneys required by law to be paid,
and also conditioned for the payment to any person who shall be defrauded
or suffer loss by reason of the violation of such business owner or
any employee thereof of any of the provisions of this Article or state
law, or any other ordinance that may hereafter be required. Said bond
shall be for the protection of persons and property and for the preservation
of the safety and property of the municipality and its inhabitants,
and as may now or hereafter be required by any state law or municipal
ordinance or regulation.
A.
The annual license fee for each demonstrator of goods or merchandise
engaged to work in any demonstration place shall be $100, beginning
July 1.
[Amended 4-20-2016 by Ord. No. 20-2016]
B.
The annual license fee for a person owning an establishment for the
demonstration of goods or merchandise shall be $1,000, which may be
imposed for revenue purposes under the provisions of N.J.S.A. 40:52-2,
in that the City Council has found that this type of business requires
continued inspection and the hiring of additional employees by the
City to regulate the same.
Licenses issued under § 87-36 hereof shall be posted for public inspection in a conspicuous place in the place of business of the licensee at all times.
Every individual or corporation operating a demonstration business
shall keep books in which shall be described and inventoried in a
clear, legible manner all goods received at such establishment; the
date of receipt; the name and place of business of the person or concern
on whose account they are to be sold; the cost price to the licensee
if purchased by him or consigned to him for purposes of sale, together
with the name and address of the vendor, the names and addresses of
the purchasers at the demonstration sale; the dates sold and the prices
paid by the purchasers, together with a description of each article
so sold. Said books shall be open to inspection at all times by the
licensing authority, or its duly authorized enforcement officers only.
In addition to the records required to be kept as provided in § 87-38, every article offered for sale shall have securely attached a tag or label upon which shall be plainly written or printed in the English language a true and correct statement of the kind and quality of the material or substance of which such article is made or composed; if said article is one of those commonly classed as jewelry or articles commonly carried by persons engaged in the jewelry business, the tag shall state the percentage or karat of purity of such articles; in case the article is plated or overlaid, a true statement of the kind of plate and the percentage of purity thereof, and the kind of material or metal under the plating; if the article is one commonly known as precious, semiprecious, synthetic or imitation stones, then the true names, weight, quality and color of said stones must be shown; if watches or clocks, the true name of the manufacturer, the number of jewels and adjustments, the country of manufacture, and if any of such articles or parts thereof is used or secondhand or old works in new cases, or the removal or substitution of works or any part has been made, such information must be noted on the tag which in each and every case must remain on said article until after same has been delivered and received by the customer. It is the intent of this section that every article purchased by a customer in a demonstration place or a place which demonstrates for sale articles shall have thereon a written statement of what the purchaser is obtaining and the price paid therefor.
It shall be unlawful for any demonstrator to accept anything
other than bona fide bids.
It shall be unlawful for any demonstrator, in describing goods
that he is offering to prospective purchasers at a price fixed by
the demonstrator, to directly or indirectly, by verbal or written
statement or advertisement, make any false representations as to the
character, quality, condition, value or ownership or manufacturer
of said goods.
It shall be unlawful to substitute another article for or in
place of the article sold to the purchaser, and all articles being
sold must at all times be kept within sight of the purchaser until
delivered.
It shall be unlawful for any demonstrator, the licensee or any
employees of the licensee to use any sound device, microphone, amplifier,
ring bells or make any raucous noise which can be heard outside of
the premises, which noise disturbs neighbors or persons passing by,
and it shall be unlawful for any licensee or any employee of a licensee
to make or cry excessively by his own voice or by sound-producing
devices which disturb persons outside the premises and which are made
to attract patrons, solicit business or call forth or advertise their
goods, wares or merchandise.
The Director in charge of granting mercantile licenses may,
upon his own motion or upon the complaint in writing of any person,
file written charges against the licensee and hold a hearing on whether
or not disciplinary action, such as suspension or revocation of license,
shall be the penalty against the licensee. Said charges must be served
personally or by certified mail upon the licensee, which charges shall
include notice of a hearing to be held before the Director, not more
than 20 nor less than 10 days from the date of service of the charges
upon the licensee, at which hearing the licensee shall have the right
of having counsel and produce witnesses in his behalf and to cross-examine
witnesses against him. The licensee may be penalized by suspension
or revocation of the license if, in the opinion of the Director based
upon the greater weight of the believable evidence, the licensee has
been guilty of violating any statute of the State of New Jersey or
ordinance of the City of Atlantic City, and the licensee under the
provisions of this section shall be responsible for the actions of
any and all of his employees.
[Amended 11-25-2008 by Ord. No. 104-2008]
In addition to any penalty herein provided, any person, whether
demonstrator or licensee, employee or owner, may be prosecuted before
the Municipal Court of the City of Atlantic City for violations of
any provision of this article and, upon conviction thereof for each
offense, shall be punished by a fine not to exceed 90 days in jail
or by a fine not exceeding $2,000 or both, in the discretion of the
Municipal Judge.
As used in this Article, the following terms shall have the
meanings indicated:
Includes any individual or individuals, copartners, corporations
or associations. Wherever a statement or act is required to be made
or done by a corporation, the same shall be effected by its duly authorized
officers. The use of the singular shall be deemed to include the plural
as well; the masculine shall be deemed to apply also to the feminine.
No license shall be granted to any place demonstrating goods
as set forth herein that is located within 850 feet of any existing
place of business of the same type or kind for which a license has
been issued.
