[HISTORY: Adopted by the Township Committee of the Township of Wall 11-8-1978 as Sec. 5-3 of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
No personal property, goods, wares, or merchandise shall be sold or offered for sale at auction in the Township except in compliance with the provisions of this chapter.
No person shall sell, offer to sell, cause or permit to be sold, at auction any personal property, goods, wares, or merchandise unless such sale or offer to sell is conducted by an individual who has applied for and obtained an auctioneer's license from the Township.
The provisions of this chapter are not intended to apply to any farmer selling products raised on his own farm or to any person selling his own personal effects.
All applications for an auctioneer's license shall be made to the Clerk on a form provided by the Clerk which shall require the following information:
A. 
Name of the applicant.
B. 
Residence and business address of the applicant.
C. 
The length of time for which an auctioneer's license is desired.
D. 
A statement as to whether or not the applicant holds or has held, an auctioneer's license from any state, municipality, governing body or licensing authority; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant together with a full and accurate statement as to the reasons for any such revocation.
E. 
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance, and, if so, the nature of the offense and the punishment or penalty assessed therefor.
The fees for an auctioneer's license shall be $50 for a period of one year or $5 per day for any period less than one year, but not more than $50.
Every applicant for an auctioneer's license shall file with the Clerk a surety bond running to the Township in the amount of $1,000 with surety acceptable to and approved by the Township Attorney. The bond shall be conditioned that the applicant, if issued an auctioneer's license will fully comply with all the provisions of this chapter and any other article of the Code and the statutes of the State of New Jersey regulating and concerning auctions and auctioneers.
Before issuing an auctioneer's license to any individual applying therefor, the Clerk shall refer the application to the Chief of Police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the Clerk may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this chapter if an investigation of the applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for an auctioneer's license under this chapter. The Chief of Police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the Clerk whether or not the moral character and business responsibility of the applicant is satisfactory.
The Clerk is hereby authorized to grant or renew an auctioneer's license for any period of time not exceeding one year to any individual applying therefor pursuant to this chapter and whose application has been certified by the Chief of Police and who has paid the required fees and filed the bond required by this chapter.
An auctioneer's license may be revoked by the Township Committee or an application for the issuance or renewal of such a license may be refused by the Township Committee, if it so determines, after notice and hearing.
Notice of a hearing by the Township Committee on the revocation or refusal to issue or renew an auctioneer's license shall be given in writing to the applicant or licensee and shall be mailed, postage prepaid, at least five days prior to the date set for the hearing to the applicant's or licensee's last known address. The applicant or licensee shall have the right to be represented by counsel at such hearing.
[Amended 5-8-2002 by Ord. No. 18-2002]
No auction sale of personal property, goods, wares or merchandise, other than a one day estate sale, shall be conducted within any of the residential or business zones of the Township.[1]
[1]
Editor's Note: See Ch. 140, Land Use and Development.
No merchandise, goods or wares shall be displayed outdoors. No merchandise, goods or wares shall be sold from the rear of any truck, wagon, automotive vehicle or other vehicles or conveyance.
Off-street parking space shall be provided by each applicant for an auctioneer's license on his own land in the following amounts:
A. 
For each two employees at least one parking space.
B. 
A sufficient off-street space for the same and convenient loading and unloading of merchandise.
C. 
One parking space for each 35 square feet of the building used in the operation of this business.
D. 
Each parking space shall consist of an area not less than 10 feet by 20 feet.