[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 3-1-1950 by Ord. No. 720. Amendments
noted where applicable.]
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful for any person to sell, dispose of, or offer for
sale in the Town of West New York, at public auction, any foods, wares or
merchandise, real or personal, unless and until the person desiring to hold
such auction shall obtain a license therefor.
Any person desiring to hold an auction, as in this chapter defined,
shall file with the Town Clerk of the Town of West New York, 30 days previous
to the opening day of such auction, a written application showing:
A.
That said applicant has not been convicted of violating
the laws of the State of New Jersey or this chapter or any other ordinance
of the Town of West New York relating to auctions and auctioneers, or for
fraud or deceit in the conduct of auctions.
B.
That no auction has been held and no license has been
issued for such auction within one year prior to such application.
C.
That said applicant attach to said application a completely
itemized list of all stock and merchandise intended to be auctioned and the
applicant shall certify at the time of application that said list has not
been ballooned or increased for the purpose of the auction.
[Amended 10-19-1977 by Ord. No. 1261]
D.
That such applicant tender with the application a bond
in the sum of $1,500 conditional for the observance of this chapter and for
the indemnification of any purchaser at such auction applied for suffering
loss by reason of misrepresentation as herein in this chapter defined.
E.
That such applicant tender with the application a license
fee in the sum of $250 which shall be returned to said applicant in the event
said license is not granted and not returned to said applicant in the event
said license is granted.
[Amended 10-19-1977 by Ord. No. 1261]
F.
That the person consents to the forfeiture of the license
in the event that the applicant or any of his servants or agents are convicted
of a violation of any section of this chapter.
[Amended 10-19-1977 by Ord. No. 1261]
All auctions, as in this chapter defined, shall be held on successive
days, Sundays and legal holidays excepted, and shall not continue for more
than three days in all from the commencement of said sale. No license shall
be issued to a person, for the conduct of any auction such as is regulated
by this chapter, who has held such an auction at any time within a period
of one year from the proposed date of the auction for which the application
is made. No license shall be issued to a person who has been convicted of
violating the laws of the State of New Jersey or this chapter or any other
ordinance of the Town of West New York relating to auctions and auctioneers
or for fraud or deceit in the conduct of auctions. Any false or fraudulent
statement or representations made by any applicant for the purpose of procuring
a license shall be a violation of this chapter. At the close of each day's
business and before the opening of the next day's sale, the licensee
shall file with the Town Clerk an itemized list of the articles sold on the
previous day's sale, which list shall identify such articles. Failure
to file such sales list shall be deemed a violation of the chapter and the
right to conduct further sales under such license shall be suspended during
such delinquency.
No person shall offer for sale or sell at an auction as described in
this chapter any jewelry as described in this chapter, unless there is securely
attached to each of such articles, a tag or label upon which shall be plainly
written or printed, in English, a true and correct statement of the kind and
quality of the metal of which such article is made or composed, and the percentage
or karat of purity of such metal; and in case such articles are plated or
overlaid, then such tag or label shall contain a true statement of the kind
of plate and the percentage of purity of such plating and the kind of material
or metal covered; and when precious or semiprecious stones are offered for
sale or sold, such written statement shall set forth the true names, weight,
quality and color of said stones, and imitations shall be described as such;
and 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 nor old movements be offered for sale in new cases,
without a true statement to that effect.
Such tag or label shall remain securely attached to any articles or
merchandise, shall be delivered to the purchaser as a true and correct description
and representation of the article sold and shall be deemed prima facie evidence
of intent to defraud in case said written statement is not a true and correct
description and representation of such articles sold.
At any such auction there shall be kept and maintained a sales book which must be signed by the purchaser of each article at the time of the purchase, and before any other article shall be exposed for sale, opposite a description of the articles sold which shall conform to the description on the tag or label required by § 121-4. Failure to keep and maintain such sales book shall be sufficient cause for the immediate revocation of the license. In the event that a sale has been declared to have been made but no purchaser comes forward and signs said sales book, then the next highest bidder shall have the right to sign the said sales book at the bid originally made by such bidder and to demand and receive the article exposed for sale. Said sales book shall be open and available for inspection during business hours.
Licensees shall cause to be delivered to the purchaser of any diamond
or diamonds or any other precious stones a signed document containing a description
of the article sold and the representations made in regard thereto at the
time of the sale.
It shall be unlawful for any person to act or to employ another to act
as a bybidder, or what is commonly known as a "capper" or "booster," at any
such auction sale; or to make or accept any false or misleading bid, or to
pretend to buy, or sell any such aforesaid articles sold or offered for sale
at any such auction.
It shall be unlawful to substitute another article for or in place of
the article sold to the purchaser, and all articles being sold must at all
times be kept within sight of the purchaser until delivered.
[Amended 10-19-1977 by Ord. No. 1261]
The licensee so selling and offering for sale any goods, wares or merchandise,
real or personal, shall retain in his possession the money or other valuable
thing or article received for the article or thing sold for at least 48 hours
from the time such sale was made.
If any purchaser of such article or thing sold shall, within 48 hours,
make a claim against said licensee upon the ground that the article or thing
sold to him at auction was not as represented by the auctioneer, and shall
demand of the licensee the return of the money or other consideration, and
shall offer to return the article or thing purchased, then and in such case
the licensee shall return to the purchaser the purchase price, or deposit
with the Chief of Police, taking his receipt therefor, said purchase price
as a fund to answer and pay any judgment that may be recovered against said
licensee by the purchaser, provided that if no action shall be commenced against
said licensee within 15 days from the date of such sale, the Chief of Police
shall not be required longer to hold such money deposited with him and upon
presentation of the receipt may return said money to the licensee, provided
further that, in case the licensee shall refuse to return the price paid for
such article or articles, the purchaser shall have the right to commence and
maintain an action directly on the bond provided for by this chapter and in
the name of the Town of West New York.
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful to conduct any auction sale between the hours of
6:00 p.m. and 8:00 a.m.
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful to conduct any auction sale during the month of
December and no permit shall be granted extending the right to hold such auction
between the first day of December and the 31st day of December in any year.
The Director of Public Affairs of the Town of West New York may revoke
the license of any person whenever, in the judgment of said Director of Public
Affairs, the protection of the public requires that such action be taken.
The Director of Public Affairs of the Town of West New York shall revoke
the license of any person after a conviction for a violation of this chapter
and an appeal taken from a conviction of said chapter shall not operate as
a stay of the revocation of said license.
[Amended 10-19-1977 by Ord. No. 1261]
This chapter shall not be applicable to sales conducted by trustees
in bankruptcy, receivers or other public officers acting under judicial process
except that such public officers acting under judicial process shall be required
to notify the Town Clerk of such auction at least seven days before the date
thereof.
For the purposes of this chapter, daylight saving time shall be used
when said time is in general use in this municipality; otherwise, Eastern
standard time shall be used.
The word "person" is hereby declared to include any individual or individuals,
copartners, corporations or associations; where a statement or act is requested
to be made or done by a corporation, the same shall be effected by its duly
authorized officers.
[Amended 10-19-1977 by Ord. No. 1261]
A license issued to any person in pursuance of the provisions of this
chapter is issued upon the express condition that it may be revoked in accordance
with the provisions of this chapter.
