[HISTORY: Adopted by the Board of Trustees
of the Village of Fort Plain 4-20-1996 by L.L. No. 1-1996; amended in its entirety 1-17-2012 by L.L. No. 1-2012. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A storefront, building or portion thereof, located within
the downtown business district as defined herein, used on an ongoing
basis for the holding of auction sales, which premises is owned or
leased by the auctioneer and/or operator of the auction business on
the premises.
That portion of the Village located strictly within the following
areas:
|
Name of Street
|
Location
|
|---|---|
|
Canal Street
|
From Lydius Street to Herkimer Street on the east side of said
street only
|
|
Canal Street
|
From Main Street to Lydius Street
|
|
Herkimer Street
|
From Willett Street to Canal Street
|
|
Main Street
|
From South Street to River Street
|
|
Willett Street
|
From Main Street to River Street
|
|
Willett Street
|
From Witter Street to Herkimer Street
|
A.
License required; fee. No person shall exercise the business or trade
of auctioneer or sell any property at public auction or outcry within
the Village without first having obtained a license to act as such
auctioneer. Such license may be issued by the Village Clerk upon application
and upon payment of a fee in an amount as set forth from time to time
by resolution of the Board of Trustees.
B.
Application.
(1)
Every applicant for an auctioneer's license shall present to
the Village Clerk a written application, signed and duly verified
by the applicant, stating:
(a)
His or her full name, age, residence by street, number and place,
and present occupation;
(b)
The place where he or she intends to conduct the business of
public auctioneer in the Village;
(c)
His or her qualifications, including education and business
engaged in during the past five years, giving location, kind and extent;
(d)
Where and when he or she was previously licensed as an auctioneer;
(e)
Whether any previous license as auctioneer was canceled for
cause.
(2)
Such application shall be approved by no fewer than five reputable
citizens of the Village or of the place of residence of the applicant,
each of whom shall certify that he or she has personally known the
applicant for a period of at least five years prior to the filing
of the application; that he or she has read such application and believes
each of the statements therein to be true; that such person is honest,
of good character and competent to conduct the business or calling
of auctioneer; and that such person not related to or connected with
the person so certifying. The certificate of approval shall be signed
by such persons and duly verified and acknowledged by them before
an officer authorized to take oaths and acknowledgments of deeds.
C.
Bond. An applicant for an auctioneer's license shall also present
to the Village Clerk, with his or her application for such license,
a bond running to the Village, executed by a duly authorized surety
company, in such penal sum as is now or hereafter established by resolution
of the Village Board, conditioned for the faithful observance of the
laws of the state and of the Village, the performance of all duties,
the rendition of all accounts and the payment of all moneys required
of him or her by law to be paid and also conditioned for payment to
any person who shall be defrauded or suffer loss by reason of the
violation, by such auctioneer, of any of the provisions of this chapter.
Such bond shall be approved as provided by law.
D.
Issuance. Upon the Village Clerk being paid the required license fee and being furnished with the required bond, and upon the filing of an application pursuant to Subsection B, together with the required approvals, the Village Clerk shall issue to the applicant an auctioneer's license, authorizing him or her to conduct auction sales in the Village as provided by law and by this chapter.
A.
Prior notice shall not be required for auctions held within an auction
house in the downtown business district.
B.
Written prior notice of the time and place of each auction sale by
a licensed auctioneer not to be held within an auction house in the
downtown business district shall be given to the Village Clerk at
least 10 days before such sale.
All auctions held in the downtown business district must be
held within an auction house and shall be subject to the noise provisions
of the Fort Plain Code.[1]
The Village Board shall have authority at any time to revoke
any license issued by the Village Clerk if it appears that such licensee
is not honestly and fairly conducting the business of auctioneer and
observing all laws or is an undesirable person or incapable of properly
conducting the business of auctioneer.
No license shall be deemed to be required for the sale of property
under a judgment, decree or order of any court or to close an estate
in the course of administration or for any sale otherwise conducted
by sheriffs, receivers or trustees.
This chapter shall not apply to auctions held by or on behalf
of recognized religious, charitable, educational, recreational or
civic organizations; provided, however, that notice must be given
to the Village Clerk at least 10 days before such sale to enable the
Village, if applicable, to provide for traffic control at the time
of such sale.
No auctioneer shall:
A.
Make any false representations as to the character, quality, condition,
value or ownership of any property offered for sale or falsely represent
that such property is in whole or in part bankrupt or insolvent stock
or damaged goods or goods saved from a fire.
B.
Substitute any other article for the article sold to a bidder.
C.
Receive any bid from a person not a bona fide bidder at such sale
or take part in any agreement with any individual for the purpose
of impeding fair competition among legitimate bidders or unfairly
raising the price of any item for sale.
D.
Knowingly permit any person to act as a by-bidder, capper, booster
or shiller or to make any false bid or to falsely pretend to buy any
article offered at an auction sale or otherwise to make any false
or boosting bids.
No person shall employ or permit to be employed any bell-man,
crier, instrument of music or means of attracting the attention of
passersby to a public auction, other than a sign or flag.
A.
The Village Clerk may revoke any license and/or authorization to
conduct an auction sale, issued pursuant to the provisions of this
chapter, if the Village Clerk shall have cause to believe that the
holder of such license and/or authorization to conduct a sale is violating
any statute of the state relative to auctions and auctioneers or any
provisions of this chapter. A conviction by a court of competent jurisdiction
of such offense or recovery upon a bond pursuant to the provisions
of this chapter shall be conclusive evidence of such violation.
B.
The Village Clerk shall, upon the complaint of any person, cause
notice to be served upon the holder of a public auctioneer's
license and/or holder of authorization to conduct a public auction
sale, specifying the grounds of such complaint or reason assigned
for the revocation of such license and/or authorization to conduct
a sale. The holder shall be entitled to a hearing before the Board
of Trustees of the Village, if requested, within 14 days following
notice of the complaint and revocation. The holder shall be afforded
the opportunity at such hearing to present evidence and witnesses
on his or her behalf in connection with his or her license or authorization
to conduct a public auction sale. Following such hearing, the Board
shall render a determination on the license and/or authorization to
conduct a sale within 20 days. Said determination shall be set forth
in writing and shall state the grounds therefor.
Any person convicted of a violation of this chapter shall be
punishable by a fine of not more than $250 or by imprisonment for
not more than 15 days, or both. Each day's continued violation of
this chapter shall constitute a separate additional violation.
