[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.
The City Clerk of the City of Hudson.
The Common Council of the City of Hudson.
Any cunning, deception or artifice used to circumvent, cheat or deceive
another.
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.
A.
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.
The form on which application to the City Clerk shall be made for an
auctioneer's license shall require the following information:
A.
Name of applicant.
B.
Residence and business address of applicant.
C.
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.
D.
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.
E.
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.
F.
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:
A.
The applicant or license holder is not an individual
of good moral character and business responsibility.
B.
The application contains any false, fraudulent or misleading
material statement.
C.
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.
D.
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.
E.
The applicant or license holder has violated any of the
statutes of the State of New York relating to auctions or auctioneers.
F.
The applicant has been convicted of any crime or misdemeanor
involving moral turpitude.
G.
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.
A.
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:
(1)
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.
(2)
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.
B.
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 74-8 hereof.
C.
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.
D.
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:
A.
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.
B.
Such hearing shall be held on a date, at a place and
hour designated by the Chairman thereof.
C.
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.
D.
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.
E.
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.
A.
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.[1]
[1]
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.
A.
No auctioneer of personal property shall misrepresent
the quality, kind or value of any article at any auction sale.
B.
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.
A.
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.
B.
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.
