[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:
- AUCTION BUSINESS
- 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.
- PUBLIC AUCTIONEER
- 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]
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]
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]
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]
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]
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.
In addition to the causes for revocation as set forth in § 234-9 of Chapter 234, Licensing, the following reasons shall also be cause for revocation:
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.