[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 5-15-1950 (Ch. 4 of the 1977 Code). Amendments noted where applicable.]
It shall be unlawful for any person to engage in the business
of auctioneering without a license therefor.
[Amended 3-31-1971]
It shall be unlawful for any premises to be used for the conducting
of an auction without a license being first obtained.
Every person intending to engage in the business of auctioneer
shall apply to the Clerk of the Village 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 for any crime or infraction
and the details of such conviction.
A.
The fee for such license shall be as set from time to time by the
Village Board of Trustees for each day said license is to be used.
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.[1]
B.
Every such 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 said applicant is not fit
and proper, he shall refuse such license, stating his reasons thereon
in writing, and the 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 same 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.
[Amended 3-31-1971]
A.
Any person intending to use any premises for the conducting of an
auction shall obtain from the Mayor a license therefor, but no such
license shall be granted unless the person intending to conduct said
auction is the holder of a license issued under this chapter, nor
shall any license be granted if, in the opinion of the Mayor, the
granting thereof will create a hazard to safety, fire 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 license, may impose such 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, however, shall be used for the conducting of auctions
at any time after sundown or on Sunday or holidays.
D.
Any license 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 license shall be reviewed by the Board of Trustees
upon any aggrieved party making written application to the Board for
such review, and the Board, upon review, may either grant, revoke,
limit or modify such license.
Every person who violates or aids or abets in the violation
of this chapter, as principal or otherwise, shall incur a penalty
for each and every separate offense of a sum not exceeding $100. In
addition to said penalty, a violation thereof shall constitute disorderly
conduct. Any person violating the same shall be a disorderly person
and such violation shall constitute disorderly conduct. The Board
of Trustees may also enforce obedience to this chapter by injunction,
and the invoking of any one remedy shall not bar the obtaining of
other relief or other remedy of law.
This 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.
