[HISTORY: Adopted by the Common Council of the City of Hudson 12-13-1973 by Ord. No. 8-1973 (Ch. 33 of the 1973 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
- The City of Hudson.
- CITY CLERK
- The City Clerk of the City of Hudson.
- COMMON COUNCIL
- The Common Council of the City of Hudson.
- Any cunning, deception or artifice used to circumvent, cheat or deceive another.
- MOCK AUCTION
- Any transaction involving a person or persons who buy, sell or pretend to buy or sell goods, wares or merchandise which are exposed for sale by auction, and an actual sale, purchase and change of ownership thereof does not thereupon take place.
Personal property (goods, wares or merchandise) shall not be sold at auction in the City of Hudson except in compliance with the provisions of this chapter and unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the City Clerk.
The City Clerk is hereby authorized to grant or renew an auctioneer's license, for a period of time not exceeding one year, to an individual applying therefor, on a form to be provided by the City Clerk, upon payment of the prescribed fees and the filing of the prescribed bond by the applicant, pursuant to the provisions of this chapter.
Each auctioneer's license shall be effective as of the date of issuance and shall expire the 31st day of December immediately following such date, unless previously revoked, and there shall not be a reduction in fee for a fractional part of a year.
The form on which application to the City Clerk shall be made for an auctioneer's license shall require the following information:
Name of applicant.
Residence and business address of applicant.
A statement as to whether or not the applicant holds, or has held, an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued.
A statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a full and accurate statement as to the reasons for any such refusal.
A statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant, together with a full and accurate statement as to the reasons for any such revocation.
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance or local law, and, if so, the nature of the offense and the punishment or penalty assessed therefor.
Before issuing an auctioneer's license to an applicant, the City Clerk shall institute his own investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. The City Clerk may waive this requirement in an application for renewal of an auctioneer's license by an applicant holding an unexpired auctioneer's license pursuant to this chapter, where such investigation of the applicant's moral character was previously made.
An auctioneer's license may be revoked by the City Clerk or an application for issuance or renewal thereof may be refused by him if he determines:
The applicant or license holder is not an individual of good moral character and business responsibility.
The application contains any false, fraudulent or misleading material statement.
The applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any goods, wares or merchandise in the City of Hudson.
The applicant or license holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the City of Hudson.
The applicant or license holder has violated any of the statutes of the State of New York relating to auctions or auctioneers.
The applicant has been convicted of any crime or misdemeanor involving moral turpitude.
The applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property, goods, wares or merchandise in the City in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Any person who has been refused the issuance of an auctioneer's license or has had a previously issued auctioneer's license revoked or suspended, or refused the issuance of a permit to conduct an auction or has had a previously issued permit revoked or suspended by the action of the City Clerk, shall have the right to review the action of the City Clerk as hereinafter provided:
An application for such review shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the City Clerk was erroneous.
Such application for review shall be filed with the City Clerk by the applicant within 20 days after notice of denial of his application for a license or permit by the City Clerk has been mailed to him or delivered to him in person.
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 74-8 hereof.
At such hearing the Review Board shall consider the record upon which the City Clerk based his determination and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
The Review Board, after such hearing, may affirm the action of the City Clerk or direct the City Clerk to issue a proper license, pursuant to this chapter.
Whenever it shall be provided herein that a hearing shall or may be held in connection with an application, license or permit:
If an applicant, licensee or permit holder requests a hearing, the Mayor shall designate two or more members of the Common Council, and the Mayor and such members shall conduct said hearing as a Review Board, and they shall elect a Chairman of the Review Board.
Such hearing shall be held on a date, at a place and hour designated by the Chairman thereof.
The City Clerk shall give notice thereof, stating the name and address of the applicant, licensee or permit holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant, licensee or permit holder concerned, at the address shown upon the most recent application of such applicant, licensee or permit holder, at least 10 days prior to such hearing.
The applicant, licensee or permit holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
All witnesses shall be sworn and examined under oath.
The fees for an auctioneer's license shall be as established by the Common Council.
Every applicant for an auctioneer's license shall file with the City Clerk a surety bond running to the City in the amount of $500, with a surety acceptable to and approved by the City Clerk, to warrant that the said applicant, if issued an auctioneer's license, will comply fully with all of the provisions of this chapter and the statutes of the State of New York regulating and concerning auctions and auctioneers.
It shall be unlawful for any person, firm or corporation to conduct an auction in the City, whether the personal property (goods, wares or merchandise) to be sold at auction is owned by the auctioneer or not, without having first obtained a permit therefor as hereinafter provided.
Application for a permit to conduct an auction sale of personal property (goods, wares or merchandise) shall be made to the City Clerk on a form to be provided by him, upon which shall be stated the nature and quantity of the goods to be sold and the number of days during which it is desired to conduct such auction sale. The City Clerk shall issue such permit upon the payment of a fee as established by the Common Council for each day's auction, which fee shall be in addition to and not in lieu of the fees and bond prescribed for auctioneers, upon his determination that there is good and sufficient reason for the issuance of the permit, which shall specify the place or places to which it pertains and the number of days for which it is valid.
The City Clerk may deny the issuance or renewal of a permit or may revoke any outstanding permit if he deems that there is good and sufficient reason for the denial or revocation thereof. Any person aggrieved by the action of the City Clerk in denying the issuance, the renewal or the revoking of any permit shall have the right to appeal pursuant to § 74-7 hereof.
Any person may apply for a permit to conduct an auction, provided that the auction shall be conducted by an auctioneer duly licensed hereunder. Any licensed auctioneer who conducts an auction without benefit of a permit shall be subject to an immediate suspension or revocation of his auctioneer's license by the City Clerk.
It shall be unlawful to conduct an auction sale of personal property (goods, wares or merchandise) on any of the streets, sidewalks or public property of the City, unless so authorized by the City Clerk upon recommendation of the Mayor.
The auctioneer shall display in a conspicuous place, at the conduct of an auction sale, the auctioneer's license and permit hereunder, and shall allow access to the place at which the auction is conducted to the City Clerk or his designated representatives for an inspection of premises and the right of inspection of books and records pertaining to the auctioneer's transactions.
Every auctioneer or person engaged in the business of selling personal property at auction, whether acting in his own behalf or as officer, agent or representative of another, shall, upon the receipt or acceptance by him of any personal property for the purpose of sale at auction and before offering the same for sale at auction, write or cause to be written in a book to be kept by him for the purpose: the name and address of the person who employed him to sell such personal property at auction; the name and address of the person for whose benefit, behalf or account such personal property is to be sold at auction; the name and address of the person from whom such auctioneer received or accepted such personal property; the name and address of the person who was the owner, the authorized agent of owner or the consignor of such personal property immediately prior to the receipt or acceptance for the purpose of sale at auction of the same by such auctioneer; the location, with street and number, of any such personal property immediately prior to the receipt or acceptance of the same by such auctioneer for the purpose of sale at auction; the date of the receipt or acceptance by such auctioneer of such personal property for the purpose of sale at auction; the place with street and number, if any, in which such personal property is to be held, kept or stored until sold or offered for sale at auction; the place, with street and number, if any, in which such personal property is to be sold or offered for sale at auction; a description of such personal property and the distinctive marks thereon, if any; and the terms and conditions upon which such auctioneer received or accepted such personal property for sale at auction. The word "person" as used in this section includes a corporation, joint-stock association or copartnership. The book, when written as hereinbefore required, shall be the "inventory" to be sold at auction.
The said book and the entries therein made, as provided by the preceding section, shall at all reasonable times be open to the inspection of the Mayor, City Clerk and the head of the Police Department of the City, the District Attorney of Columbia County and any person who shall exhibit such authorization to such auctioneer. In addition to inspection of said book, the same authorities may at any time during the auction sale examine all records of the establishment pertaining to the receipt of merchandise after the commencement of the auction sale.
During any sale by auction, no additions whatever shall be made to the stock of merchandise set forth in the inventory as written in said book unless such additions shall be recorded and appropriately labeled as merchandise so added. Upon the offering for sale of any such merchandise so added, the auctioneer shall announce that such articles have been added to the stock of merchandise since the auction started.
No person, firm or corporation shall dispose of his goods, wares or merchandise at public auction either by himself or another unless said person, firm or corporation shall have been in business continuously in the City of Hudson as a wholesale or retail merchant at the same location at which said auction is conducted for a period of six months preceding such auction, without written permission from the City Clerk, which permission shall be granted by the City Clerk in his discretion for good cause. This section shall not apply to legal or judicial sales, including sales under and by virtue of the Personal Property Law relating to clearance of title under conditional sales contracts or sales by executors or administrators, or to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law, or to sales conducted by licensed auctioneers of the property of persons not regularly engaged in the wholesale or retail sale of merchandise.
No sale at a public auction shall continue for more than 15 days, Sundays and legal holidays excepted, from the day of the beginning of the sale. Such sale may continue for 15 additional days upon written permission of the City Clerk, which permission shall be granted by the City Clerk in his discretion for good cause.
Editor's Note: Former § 33-22, Night auction of personal property prohibited, which immediately followed this section, was repealed 9-19-1995 by L.L. No. 8-1995.
No auctioneer of personal property shall misrepresent the quality, kind or value of any article at any auction sale.
No person, firm or corporation shall sell or offer for sale any goods, wares or merchandise by auction, or advertise for sale any goods, wares or merchandise, falsely representing or pretending that such goods, wares or merchandise, in whole or in part, are a part of a bankrupt or insolvent stock or damaged goods, or goods saved from fire, or make any false statement as to the purchase, history or character of such goods, wares or merchandise.
No person shall act as a by-bidder or what is commonly known as a "capper," "booster" or "shiller" at any public auction, or place or offer or make any false bid to buy or to pretend to buy any such article sold or offered for sale at any public auction sales.
It shall be unlawful for any person licensed hereunder to offer for sale by auction any article to which there is not attached a card or ticket or label containing a true and correct statement plainly written or printed in English specifying the kind and quality of the metal of which such article is made or composed or the percentage of karat or purity of such metals. If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate. When precious stones are for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stone or stones. When semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true name of said stones. When imitations of precious or semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, said imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent. When watches and clocks are sold, the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trademarks; neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches should be so indicated in accordance with the New York State law. Such tag or label shall remain securely attached to any such article or merchandise and shall be delivered to the purchaser as a true and correct description and representation of the article sold, and it shall be deemed prima facie evidence of intent to defraud in case such written statements are not a true and correct description and representation of such articles sold.
The provisions of this chapter shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process, nor to the sale of real property at auction or sales by licensed pawnbrokers of unredeemed pledges or sales conducted under the auspices of religious or eleemosynary institutions.
Nothing herein contained shall be construed to infringe upon or impair the provisions of the General Business Law relating to the regulation of auctions and auctioneers.
Any auctioneer who shall have knowledge of any false or fraudulent representations or statements or who makes or causes any such statements to be made in respect to the character of any sale, or the party authorizing the same, or the quality, condition, ownership, situation or value of any property, real or personal, exposed, put up or offered by him for sale at public auction, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not exceeding one year or by a fine not exceeding $1,000.
Any person who shall purchase any property at public auction in respect to which such false or fraudulent representation or statement to the knowledge of such auctioneer has been made may sue and recover from such auctioneer a penalty of $500 in addition to any damages sustained by him by reason of such statements or representations.