[HISTORY: Adopted by the Council of the City
of Easton 11-19-1953 by Ord. No. 1415 (Art. 301 of the 1965 Codified Ordinances).
Amendments noted where applicable.]
[Amended 6-26-2013 by Ord. No. 5414]
No person shall sell or offer for sale at public
auction any goods, wares and merchandise without first obtaining a
license to conduct such sale from the Director of Finance or his/her
designee.
Upon application for such license, the applicant
shall set forth, under oath or affirmation, the following facts:
A.
Ownership, kind, quality, quantity, value and condition
of such goods, wares or merchandise to be offered for sale;
B.
The name and address of the person who will act as
auctioneer, such auctioneer to be duly licensed;
C.
The reasons for desiring a license for the sale of
merchandise; and
D.
The names of persons, firms or corporations from whom
the goods, wares and merchandise to be sold under the license were
last obtained.
A licensee will be held responsible for the
conduct of such persons as may be employed to sell such goods, wares
and merchandise and shall not make or permit anyone conducting such
sale to make untruthful statements or misrepresent articles to bidders
as to the description, quality or kind of goods, wares and merchandise
offered for sale, nor shall he employ, use or permit the employment
or use of by-bidders, commonly called "cappers;" nor shall he offer
or make or permit anyone to offer or make a false bid on a pretense
of buying goods, wares or merchandise offered for sale by virtue of
his license; nor shall the licensee offer or permit to be offered,
or give or permit to be given, any premiums or any merchandise whatsoever
as a premium or incentive to bidders.
No license shall be granted under this chapter
for a longer period than 15 successive days, Sundays and holidays
excepted, at any one location.
No person holding a license shall conduct thereunder
a sale at any other place than that designated therein.
No person shall be granted a license under this
chapter unless the licensee has been conducting business under the
same trade name at the same place designated in the application for
a period of one year previous to the date of application.
A subsequent license shall not be granted to
the same licensee at a given location until one year has elapsed from
the expiration of the former license.
[Amended 6-26-2013 by Ord. No. 5414]
The applicant, upon being granted a license, shall pay to the Director of Finance for the use of the City a license fee as specified in Chapter 285, Fees, and in addition thereto shall furnish to the Director of Finance for the use of the City an approved surety bond of $2,000, such bond to be in full force and effect for a period of 30 days from the date of the license and shall be conditioned for the faithful performance and observance by the licensee of each and all of the provisions of this chapter.
[Amended 9-26-1963 by Ord. No. 1779; 6-26-2013 by Ord. No. 5414]
Every auctioneer licensed under the Auctioneers' License Act (Act of September 29, 1961, P.L. 708) shall, on or prior to the day of each sale conducted in the City for any one owner or person, pay a permit fee as specified in Chapter 285, Fees, to the Director of Finance, who shall, upon receipt of such fee, issue permits in compliance with the provisions of the Auctioneers' License Act.
No licensee under this chapter shall sell or
offer for sale at such auction goods, wares or merchandise other than
those listed in the application for license.
The provisions of this chapter, insofar as the
license requirement is concerned, shall not apply to judicial sales
by executors or administrators, or to the sale of unredeemed pledges
by and in behalf of licensed pawnbrokers in the manner prescribed
by law, or to sale of farm products, farming implements, livestock,
household goods sold from private homes, real estate, machinery and
equipment, or to personal property not in the general line of merchandise.
[Amended 6-26-2013 by Ord. No. 5414]
Any person violating any of the provisions of
this chapter, upon conviction, shall be fined not more than $1,000
and, in default of payment of fine and costs, imprisoned not more
than 90 days. Each day's continued violation shall constitute a separate
offense.
