[HISTORY: Adopted by the Town Board of the Town of Guilderland 6-11-1974
as Ch. 5 of the 1974 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
ascribed to them:
Includes all commodities, compounds, chattels, merchandise, clocks,
watches, jewelry and all other personal property, but shall not include used
household furniture or furnishings, farm livestock or used farm machinery
and equipment or real property.
Does not include any sale pursuant to the judgment, decree or order
of any court, or any sale made by an executor or administrator, or sales by
public officers in the manner prescribed by law, or sales pursuant to statute
to satisfy any lien upon the property sold, or resale pursuant to statute
of property taken under a conditional sales contract.
No public auctioneer and no person acting directly or indirectly through
a public auctioneer within the town shall sell, dispose of or offer for sale
at public auction, or cause or permit to be sold, disposed of or offered for
sale at public auction, any goods, wares and chattels except in compliance
with the provisions of this chapter.
Any person intending to sell at public auction any goods, wares and
chattels within the town shall make application to the Town Clerk for a permit
to hold the sale at public auction and, at the time of making the application,
shall pay a fee[1] as set by resolution of the Town Board from time to time, which
is hereby established as the uniform fee for the issuance of a permit. If
such permit is granted, the sale may be conducted as provided in this chapter.
An application for a permit required by this chapter shall be in writing,
shall be verified and shall be filed not more than 20 nor less than 10 days
before the commencement of any auction sale. It shall set forth the name and
address of the applicant, the name and address of the public auctioneer and
the exact location of the premises in which it is proposed to conduct the
sale.
A.
There shall be attached to the application for a permit
required by this chapter a written, sworn inventory showing in detail the
quantity, quality, kind or grade of the goods, wares and chattels proposed
to be sold and stating that no items or articles belonging to any person other
than the applicant are included in the inventory. The affidavit to the inventory
shall be made by the applicant if he is an individual or, if the applicant
is a partnership, by one of the partners, or, if the applicant is a corporation,
by the president, secretary, treasurer or general manager thereof.
B.
It shall be unlawful for any auctioneer or any other
person through an auctioneer to sell, dispose of or offer to sell or dispose
of any goods, wares and chattels at a sale at public auction, which goods,
wares and chattels have not been included and described in the inventory filed
with the application for a permit required by this chapter to hold the sale.
The Town Clerk, before issuing a permit required by this chapter, shall
have the right to personally examine the goods, wares and chattels specified
in the inventory filed pursuant to this chapter, to determine whether the
inventory correctly sets forth the items to be sold.
No permit shall be issued pursuant to this chapter to conduct a sale
at public auction for a longer period than three consecutive days, Sundays
and legal holidays excepted, at any one place in the town. A period of at
least 365 days must have elapsed after the conclusion of any auction sale
conducted after October 4, 1955, before another permit shall be issued to
the same applicant or to any other person for a sale to be conducted at the
same place.
No permit shall be issued pursuant to this chapter, and it shall be
unlawful, for any public auctioneer or other person to conduct a sale at public
auction in the town between the hours of 5:30 p.m. and 10:00 a.m.
It shall be unlawful for any public auctioneer or any other person to
make a printed or oral statement concerning the goods, wares and chattels
which are the subject of a sale at public auction, if the statement is false
in any particular or has a tendency to mislead any person present, or to misrepresent
the quality, quantity, character, condition, value or cost of any such goods,
wares and chattels which are the subject of the sale at public auction.
For any violation of the provisions of this chapter, the Town Clerk
may revoke any permit granted or issued pursuant to this chapter for the conduct
of any sale at public auction and, if it appears to the Town Clerk that any
sale at public auction does in fact defraud or may defraud bidders thereat,
the permit to conduct a sale at public auction may be revoked, notwithstanding
that any such violation be not specifically shown or proven to the Town Clerk.
