[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.]
A.
No person shall carry on the business of an auctioneer
without first obtaining a license therefor from the Municipal Clerk.
B.
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.
C.
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:
(1)
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.
(2)
The auctioneer conducting such auction receives no moneys
or other consideration for conducting such auction.
A.
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.
B.
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.
