[HISTORY: Adopted by the Board of Commissioners (now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No. 80-12 as Art. I of Ch. 88 of the 1979 Code; amended in its entirety 5-8-2001 by Ord. No. 01-33. Subsequent amendments noted where applicable.]
No person shall carry on the business of an auctioneer without first obtaining a license therefor from the Municipal Clerk.
It shall be unlawful for any person to conduct an auction within the Township of Montclair without first obtaining a license from the Municipal Clerk.
The provisions of this chapter shall not apply to auctions conducted on the premises within the Township of any religious, fraternal or charitable corporation or association, the net proceeds or profits of which auctions are devoted exclusively for religious, charitable, educational, benevolent or eleemosynary purposes, provided that:
Notification of each such auction and of its purposes and of the name and address of such auctioneer conducting the same is filed by the sponsoring religious, fraternal or charitable corporation or association with the Chief of Police at least 10 days in advance of such auction.
The auctioneer conducting such auction receives no moneys or other consideration for conducting such auction.
Licenses for auctions under this chapter shall be issued for each auction to be conducted on a per-diem basis, and no license shall be transferable or assignable.
Licenses for auctioneers under this chapter shall be applied for and issued for an annual term, which shall expire on May 1 following the date of their issue, or on a per diem basis. No license shall be transferable or assignable.
The application for the auctioneer's license under this chapter shall be accompanied by the license fee specified in § 86-4 and a bond running in favor of the township executed by the applicant and a surety company authorized to do business in New Jersey, as surety. The bond shall be in the sum of $1,000 and shall be conditioned upon due observance of all ordinances of the Township, the laws of the State of New Jersey, the conditions stated in the license, and any reasonable rules and regulations made by the Township Council respecting the sale or sales for which the license is granted. No license shall be issued until the bond has been approved as to amount, form and sufficiency by the Township Attorney.
Notwithstanding the issuance of any license under this chapter, no auction sale shall be held by any licensee under this chapter unless a written notice thereof is given by the licensee 10 days prior to such sale addressed to the Township Manager.
Whenever the Manager receives information from any source which, in his or her judgment, charges or indicates, prima facie, that the licensee has practiced fraud, deceit or misrepresentation or is guilty of a breach of trust with respect to the license granted and the conditions therein set forth, the Manager shall forthwith send written notice to the licensee by registered or certified mail, specifying the charges and fixing a time for hearing. No sale or sales shall be conducted pending such hearing. If the Manager, after hearing, finds the licensee guilty of any of the aforesaid derelictions, he or she shall revoke the license, effective immediately upon the issuance of such finding.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.