[Ord. of 11-2-1953, § 1]
As used in this Chapter, the following terms shall have the
meanings indicated:
Includes any person who sells or offers goods, wares and
chattels at public auction.
Includes but is not limited to all commodities, compounds,
chattels, merchandise, watches, clocks, jewelry and all other personal
property which may be lawfully kept or offered for sale, but shall
not include goods damaged at sea or by fire and sold or to be sold
for the benefit of the owner's insurers or goods sold by virtue
of judicial decree.
[Ord. of 11-2-1953, § 3]
Nothing herein contained shall apply to judicial sales or sales
by or for the account of executors or administrators or by trustees
under deed of assignment or by lienors or by public officers in the
manner prescribed by law.
[Ord. of 11-2-1953, § 2]
No person shall carry on the trade of auctioneer or shall act
as an auctioneer without first having secured a license therefor,
and no sale at public auction of goods, wares and chattels shall be
held within the city unless such sale shall be conducted personally
by a licensed auctioneer pursuant to this Article.
[Ord. of 11-2-1953, § 4]
(a)
Every person desiring to procure an auctioneer's license shall
file with the City Chamberlain a written application upon a blank
form prepared and furnished by the city. Such application shall contain
the following information:
(1)
The name, business and residence address of the applicant.
(2)
His previous employment and places where employed for the past five
years.
(3)
Whether he has ever been convicted of a misdemeanor or felony, and
if so, what offense, when and in what court.
(4)
Whether he has ever engaged, either alone or with someone else, in
the business of auctioneer, and if so, when and where.
(b)
Such application shall be signed and verified before a notary public
or other officer authorized to administer oaths in the State of New
York.
[Ord. of 11-2-1953, § 5]
When an application for an auctioneer's license is filed,
the City Chamberlain shall request the Chief of Police to investigate
whether the applicant is of good character and repute. Under the supervision
of said Chief of Police, fingerprints shall be taken of the applicant.
The Chief of Police shall furnish, in writing, to the City Chamberlain
the information derived from such investigation, accompanied by a
recommendation as to whether the license should be granted or refused.
[Ord. of 11-2-1953, § 6]
An application for an auctioneer's license shall be accompanied
by a bond in favor of the people of the city, approved as to form
and manner of execution by the corporation counsel, in the penal sum
of $1,000, conditioned that the applicant will faithfully perform
his duties as such auctioneer as required by law and ordinances now
or hereafter enacted and render such accounts and pay such duties
as may be required of him by law.
[Ord. of 11-2-1953, § 7]
Upon filing the application, bond and information as herein provided and upon the payment to the city of the license fee as provided in Section 5-9, the City Administrator is hereby authorized to grant to the applicant under his hand, to be sealed with the corporate seal and countersigned by the City Chamberlain, a license to engage in the business of auctioneer, as provided in Section 5-3. All licenses shall be numbered in the order in which they are issued and shall state clearly the date of issuance and expiration of the license, the fee paid and the name and business address of the licensee.
[Ord. of 11-2-1953, § 7]
No auctioneer's license shall be refused except for a specific
reason and for the protection of the public safety, good order and
morals. No applicant to whom a license has been refused shall make
further application until a period of at least six months shall have
elapsed since the previous rejection, unless the applicant can show
that the reason for such rejection no longer exists or unless such
application was erroneously refused.
[Ord. of 11-2-1953, § 8; Ord. of 1-6-1992, § 1; Ord. of 12-4-1997, § 1]
The annual fee for an auctioneer's license or any renewal
thereof shall be $100.
[Ord. of 11-2-1953, § 9]
Every auctioneer's license hereunder shall expire on the
30th day of November next after its issuance and may be renewed on
the first day of December upon payment of the required fee.
[Ord. of 11-2-1953, § 10]
(a)
Prohibited. No license under this Article shall
be transferred or assigned to any person or used by any person other
than the licensee to whom it was issued.
(b)
Privilege is personal. No person having a license
under this Article shall delegate his power to any clerk, partner
or person, but the privilege given shall be personal to the person
named in the license and shall be exercised by him alone.
[Ord. of 11-2-1953, § 11]
If an auctioneer's license hereunder shall be lost, stolen
or destroyed without fault on the part of the holder, a duplicate
in lieu thereof under the original application may be issued by the
City Administrator upon the filing of an affidavit satisfactorily
explaining the facts of such loss or theft and upon the payment of
$1 for such duplicate.
[Ord. of 11-2-1953, § 11]
No person shall destroy, deface or injure an auctioneer's
license issued hereunder in any manner or change the name, numbers
or dates thereon.
[Ord. of 11-2-1953, § 12]
(a)
Authority. The City Chamberlain, at any time for such cause as after investigation he shall deem sufficient, may suspend or revoke any auctioneer's license granted under the provisions of this Chapter. Violation of any of the prohibitions set forth in Section 5-24 shall be deemed sufficient cause.
(b)
Effect. Whenever any license shall be so revoked,
no refund of any unearned portion of the license shall be made, and
no license shall be granted to any person whose license has been revoked,
within a period of two years from the date of such revocation.
(c)
Notice. Notice of the suspension or revocation and
the reason therefor, in writing, shall be served by the City Chamberlain
upon the person named in the application by mailing the same to the
business address given in the application and upon filing a copy of
such with the City Administrator.
(d)
Review. Within 48 hours after service of the notice
of suspension or revocation, the licensee may apply to the City Administrator
to hear and review the act of the City Chamberlain, and the City Administrator
shall affirm or disaffirm said suspension or revocation.
[Ord. of 11-2-1953, § 15]
Any person intending to sell at public auction any goods, wares
or chattels shall make application to the City Chamberlain for a permit
to hold such sale and shall not hold such sale until issuance of said
permit by the City Administrator under his hand, to be sealed with
the corporate seal and countersigned by the City Chamberlain.
[Ord. of 11-2-1953, § 16]
The application for the permit required in Section 5-15 shall be in writing and shall be verified and filed not more than 15 nor less than five days before the commencement of such sale. It shall set forth the name and address of the applicant, the name and address of the auctioneer, the street and number of the premises in which such sale is proposed to be conducted and the place of business of the applicant for the two years next preceding the date fixed for the sale.
[Ord. of 11-2-1953, § 20; Ord. of 1-6-1992, § 2; Ord. of 12-4-1997, § 2]
Upon filing an application for a permit to conduct a sale at
public auction, the applicant shall pay to the City Chamberlain a
fee of $75 for a one-day permit and a fee of $150 for a permit in
excess of one day but not to exceed 10 days in duration. If any application
is disapproved, said payment shall not be returned but shall be retained
by the city to cover the cost of investigating the statements contained
in such application.
[Ord. of 11-2-1953, § 17]
There shall be attached to the application for permit provided for in Section 5-15 a verified inventory, in triplicate, showing in detail the quality, quantity, kind or grade of goods, wares and chattels proposed to be sold, the established current retail prices, if any, of the said goods, wares and chattels and specifically stating the ownership of the items or Articles. The inventory shall be verified by the applicant if he be an individual, by one of the partners if a partnership or by a duly authorized officer if a corporation. No goods, wares or chattels shall be added to the verified inventory after the same has been filed, nor shall any goods, wares or chattels be sold which are not included in such verified inventory.
[Ord. of 11-2-1953, § 18]
The City Chamberlain or his duly authorized agent, before issuing
a permit, shall examine and investigate the goods, wares and chattels
specified in the inventory to be offered for sale, to determine whether
said inventory correctly sets forth the items to be sold and their
true value. The City Chamberlain may, upon examination of the inventory
filed, require such additional information as may be necessary to
ascertain the correctness of the items set forth in said inventory.
[Ord. of 11-2-1953, § 21; Ord. of 6-16-1981, § 2]
No sale at public auction shall continue for a longer period
than that for which a permit is issued, Sundays and legal holidays
excluded, except that the City Chamberlain may extend such sale for
an additional period not to exceed the period for which the permit
was originally issued upon the payment of an additional fee of $100.
[Ord. of 11-2-1953, § 14]
(a)
Upon the receipt or acceptance by an auctioneer of any goods for
the purpose of sale at auction and before offering the same or any
part thereof for sale at auction, he shall write or cause to be written
the following information in a book to be kept by him for the purpose:
(1)
The name and address of the person who employed him to sell such
goods at auction.
(2)
The name and address of the person for whose benefit, behalf or account
such goods are to be sold at auction.
(3)
The name and address of the person from whom such auctioneer received
or accepted such goods.
(4)
The name and address of the person who was the owner, the authorized
agent of the owner or the consignor of such goods immediately prior
to the receipt or acceptance for the purpose of sale at auction of
the same by such auctioneer.
(5)
The location, with street and number, if any, of such goods immediately
prior to the receipt or acceptance of the same by such auctioneer
for the purpose of sale at auction.
(6)
The date of receipt or acceptance by such auctioneer of such goods
for the purpose of sale at auction.
(7)
The place, with street and number, if any, in which such goods are
to be held, kept or stored until sold or offered for the purpose of
sale at auction.
(8)
The place, with street and number, if any, in which such goods are
to be sold or offered for sale at auction.
(9)
A description of such goods, the quantity thereof and the distinctive
marks thereon, if any.
(10)
The terms and conditions upon which such auctioneer receives
or accepts such goods for sale at auction.
(b)
Such book and entries made therein as provided for in this section
shall at all reasonable times be open to the inspection of the City
Chamberlain, the Chief of Police or their duly authorized agents.
[Ord. of 11-2-1953, § 19]
All auction sales conducted hereunder shall be subject to inspection
by any police officer or duly authorized agent of the city to determine
whether the law and the conditions of the license are being complied
with. Any such agent or officer, upon complaint or reasonable suspicion
of violation, may temporarily interrupt any such auction sale for
the purpose of making such an inspection, where such interruption
is reasonably necessary to ascertain compliance with the law and the
conditions thereof.
[Ord. of 11-2-1953, § 13]
No auctioneer shall:
(a)
Make any false representation as to the character, quality, condition,
previous history, value or ownership of any property offered for sale.
(b)
Substitute any other article for the article sold to the bidder.
(c)
Bid in any property offered for sale by himself and no person shall
act as an accomplice or capper for the purpose of making mock bids
at any auction.
(d)
Employ a bellman, crier, instrument of music, loudspeaker or other
means of attracting the attention of passersby, other than a sign
or flag which shall bear the license number.
(e)
Conduct any auction sale for a transient merchant or other person
who has not procured a permit as required by law or ordinance or whose
permit has expired or been revoked.
(f)
Refuse to exhibit his license to any police officer upon demand at
the place where an auction is being conducted.
(g)
Receive for sale by auction or sell by auction any goods, wares or
merchandise from or to any minor, knowing him to be such.
[1]
Editor's Note: Former Section 5-25 prohibiting sales
on certain days and derived from an ordinance adopted 11-2-1953, § 23,
was repealed by an ordinance enacted 6-16-1981, Section 4.
[Ord. of 11-2-1953, § 24; Ord. of 6-16-1981, § 5]
No permit shall be issued for and no person shall conduct a
sale at public auction in the city except between the hours of 10:00
a.m. and 10:00 p.m.
[Ord. of 11-2-1953, § 25]
Any person who shall violate any of the provisions of this Article relating to auction sales, upon conviction thereof, shall be punishable as prescribed in Section 1-8 for violations of this Code of Ordinances, and such conviction may result, in addition to the imposition of the fines and penalties prescribed, in the revocation of the offender's license or permit.
