As used in this article, the following terms shall have the meanings
indicated:
Includes any person, other than a corporation, selling or offering
for sale, for another or for himself, at public auction any goods, wares,
merchandise, real estate or personal property of any description, except as
otherwise provided in this article.
Nothing contained in this article shall apply to judicial sales by public
officers in the manner prescribed by law.
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 on 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 or means
of attracting the attention of passersby, other than a sign or flag which
shall bear the license number of the license issued pursuant to the provisions
of this article.
E.
Conduct any auction sale for a transient merchant or
other person who has not procured a license required by law or ordinance or
whose license has expired or been revoked.
F.
Receive for sale by auction or sell by auction any goods,
wares or merchandise from or to any minor, knowing him to be such.
A.
Every auctioneer shall, upon the receipt or acceptance
by him of any goods for the purpose of sale at auction and before offering
the same or any part thereof for sale at auction, write or cause to be written
in a book to be kept by him for the purpose:
(1)
The name and address of the person for whose benefit,
behalf or account such goods are to be sold at auction.
(2)
The name and address of the person from whom such auctioneer
received or accepted such goods.
(3)
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.
(4)
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.
(5)
The date of the receipt or acceptance by such auctioneer
of such goods for the purpose of sale at auction.
(6)
The place, with street and number, if any, in which such
goods are to be held, kept or stored until sold or offered for sale at auction.
(7)
The place, with street and number, if any, in which such
goods are to be sold or offered for sale at auction.
(8)
A description of such goods, the quantity thereof and
the distinctive marks thereon, if any.
(9)
The terms and conditions upon which such auctioneer receives
or accepts such goods for sale at auction.
B.
GOODS
As used in this section, the following terms shall have
the meanings indicated:
Any goods, wares, work of art, commodity, compound or thing, chattels,
merchandise or 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 owners, insurers or for the account of whom
it may concern or goods sold by virtue of judicial decree.
C.
Nothing in this section shall apply to the sale of real
property at auction.
D.
The record book and the entries therein made as provided
in this section shall, at all reasonable times, be open to the inspection
of the Mayor, the Chief of Police and the District Attorney and any person
who shall be duly authorized in writing for that purpose by any or either
of them and who shall exhibit such written authorization to such auctioneer.
No person having a license granted 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.
It shall be unlawful for any person to conduct or to represent, circulate
or place before the public any announcement that he conducts the business
of an auctioneer without first having obtained and paid for and having in
full force and effect a license therefor as provided in this article.
A.
Every person desiring to procure a license as provided
in this article shall file with the Village Clerk a written application upon
a blank form prepared and furnished by the village.
B.
Such application shall contain the name and business
and residence addresses of the applicant, the length of time such applicant
has resided in the village, his previous employment and where, whether married
or single, whether he has ever been convicted of a misdemeanor or felony and,
if so, what offense, when and in what court, whether he has either alone or
with someone else ever engaged in the business of auctioneer and, if so, when
and where, and the length of time for which the license is desired.
C.
Such application shall be signed and acknowledged before
a notary public or other official authorized to administer oaths in the village.
A.
The application required by this article shall be accompanied
by a bond to the village, approved as to form and manner of execution by the
Village Attorney, in the penal sum of $10,000, with at least two sufficient
sureties approved by the Village Attorney, conditioned that he 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.
B.
Upon conviction of a violation of any of the provisions
of this article, the bond of any person licensed under the provisions of this
article shall be forfeited. Upon such forfeiture, the amount of the bond shall
thereupon become due and payable to the village and the amount thereof may
be recovered in a civil action based on such forfeiture.
When an application is filed, the Village Clerk shall cause an investigation
to be made by the Police Department to ascertain whether the applicant is
of good character and repute. The police shall furnish to the Village Clerk
the information derived from such investigation, accompanied by a recommendation
as to whether a license should be granted or refused.
A license required by this article shall not be granted to any person
who has been convicted of violating the laws of the State of New York or ordinances
of the village relating to auctions and auctioneers or for fraud or deceit
in the conduct of auctions.
[Amended 12-7-1989 by L.L. No. 3-1989]
The fee for license issued to an auctioneer under the provisions of
this article shall be at such rates as may be fixed, from time to time, by
resolution of the Board of Trustees.
A.
Upon the filing of the application, bond and information as provided in this article, the Village Board of Trustees may, upon its approval of such application and the payment to the village of the license fee provided for in this article, issue to the applicant a license to engage in the business as provided in § 48-19.
B.
All licenses shall be numbered in the order in which
they are issued and shall state clearly the dates of issuance and expiration
of the license, the fee paid and the name and business address of the licensee.
C.
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 last previous rejection, unless he can show that the reason
for such rejection no longer exists.
No auctioneer shall refuse to exhibit his license to any police officer,
peace officer or any village official upon demand at the place where an auction
is being conducted.
No license issued under this article shall be used by any person other
than the original licensee, and any holder of such license who permits it
to be used by another person and any person who uses such license granted
to another person shall be guilty of a violation of this article.
Whenever a license issued under this article shall be lost or destroyed
without fault on the part of the holder, a duplicate license in lieu thereof,
under the original application and bond, may be issued by the Village Clerk,
in his discretion, upon the filing with him of an affidavit by the licensee,
setting forth the circumstances of the loss and what, if any, search has been
made for its recovery and the payment to him of $20.
No person shall destroy, deface or injure a license in any manner or
change the name, numbers or date thereon.
A.
The license of any person issued under this article shall
be deemed automatically revoked upon a conviction of such person for a violation
of any of the provisions of this article.
B.
The Village Board of Trustees may, at any time for such
cause as it deems sufficient, upon investigation, revoke any license granted
under the provisions of this article.
C.
Whenever any license shall be so revoked pursuant to the provisions of Subsection B of this section, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked in the discretion of the Village Board of Trustees within a period of two years from the date of revocation.
D.
Notice of revocation and the reason or reasons therefor,
in writing, shall be served by the Village Clerk upon the person named in
the application by mailing the same to the address given in the application
and upon filing a copy of such notice with the Village Clerk.