[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Sec. 4-5 of the 1986 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A business wherein goods, wares, merchandise and property
of any and all kinds are sold by prospective buyers gathering or attending
to view the goods, wares, merchandise or property offered for sale
and offering their bids or prices for same.
One who sells goods, wares, merchandise or property at public
sales to the highest bidder.
No person shall act as a public auctioneer or
engage in the auction business or cause to be held any auction or
vendue within the Township limits without first having obtained a
license.
[Amended by Ord. No. 90:56; Ord. No. 93:22; Ord. No. 95:19]
A.
The license fee for public auctioneers shall be $75
per day for each day the license shall be in force.
[Amended 5-18-2010 by Ord. No. 2010:09; 5-24-2016 by Ord. No. 2016:09]
B.
Upon the request of a not-for-profit organization
sponsoring an auction for a charitable purpose, the Township Council,
at its unfettered discretion, may waive the license fee by resolution
authorizing said waiver.
The annual license fee for a person engaged
in the public auction business shall be $100.
[Amended by Ord. No. 93:22]
A.
The applicant to conduct an auction business shall
enter into a bond to the Township executed by a surety company duly
authorized to do business in the State of New Jersey. The bond shall
be approved by the Township Attorney and shall be in the penal sum
of $5,000, conditioned on the due observance of all Township ordinances
which are in force or may be passed with respect to the conduct or
operation of the auction business at any time during the continuance
of such business, for the performance of all duties, the rendition
of all accounts and payment of all moneys required by law to be paid,
and also conditioned for the payment to any person who is defrauded
or suffers loss by reason of the violation, by an auction business
owner or any employee thereof, of any of the provisions of this chapter,
state law or any ordinance that may hereafter be enacted. The bond
shall be for the protection of persons and property and for the preservation
of the safety and property of the Township and its inhabitants and
as may now or hereafter be required by any state law, Township ordinance
or regulation.
[Amended 12-20-2005 by Ord. No. 2005:31]
B.
In lieu of a bond, the applicant may post either cash
or a certified check payable to the Township of Parsippany-Troy Hills
in the amount of $5,000. The amount shall be held by the Township,
without payment of interest to the applicant, for a period of 30 days
from the last day of an auction. The amount shall be returned to the
applicant only upon written request to the Municipal Clerk.
[Amended 12-20-2005 by Ord. No. 2005:31]
C.
Upon the request of a not-for-profit organization
sponsoring an auction for a charitable purpose, the Township Council,
at its unfettered discretion, may waive the bond requirement by resolution
authorizing said waiver.
All licensees hereunder shall keep books in
which all details relating to the conduct of the business shall be
entered and which shall be open for reasonable inspection by the licensing
authority or its duly appointed agent.
It shall be unlawful for any licensee to falsely
represent, as to character, quality, condition, value or ownership,
any goods or to make any statements relating thereto likely to deceive
a prospective bidder.
It shall be unlawful for any person holding
an auction business license to use or employ an individual as an auctioneer
if the auctioneer has not obtained an auctioneer's license as provided
for by this chapter.
This chapter shall not be applicable to sales
conducted by trustees in bankruptcy, executors, administrators or
other public officers acting under judicial powers.
