Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor storage of materials — See Ch. 348, § 348-5.18.
Auction markets as conditional uses — See Ch. 348, § 348-9.20.
Sound amplifiers and loudspeakers — See Ch. 368, Art. I.
Peddling, soliciting and hawking — See Ch. 391.
Special sales — See Ch. 413.
Signs — See Ch. 427.
[1]
Editor's Note: This ordinance repealed former Ch. 170, Auctions and Auctioneering, adopted 11-27-1973 by Ord. No. 1378 as Ch. 45 of the 1973 Code; amended in its entirety 9-12-1978 by Ord. No. 1778, and subsequently amended.

§ 170-1 License and permit required for auctioning of personal property.

No personal property shall be sold at public or private auction in the Township of Toms River, County of Ocean, except in compliance with the provisions of this chapter. It shall be unlawful to sell or cause or permit to be sold at auction any personal property in the said Township unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license, and the sponsor of said sale has likewise applied for and obtained a permit to engage in the auction business.

§ 170-2 Issuance and expiration of licenses and permits.

All licenses and permits provided for in this chapter shall be authorized by the governing body of this Township but may be granted, after such authorization, by the Township Clerk. All auctioneer's licenses granted pursuant to the provisions of this chapter shall expire one year from the date of their issuance. All permits to engage in the auction business shall expire on the date provided for expiration on the face of the auction permit.

§ 170-3 Application for auctioneer's license.

Any individual wishing to conduct or preside over an auction sale of personal property within this Township shall obtain an application form from the Township Clerk and complete said form with the following information:
A. 
The name of the applicant.
B. 
The residence address of the applicant.
C. 
The business address of the applicant.
D. 
A statement of whether or not the applicant holds or has held an auctioneer's license or a license for an auction from any other municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement of whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license or a license to conduct an auction 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 issuing authority has ever revoked such a 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, when, where, the nature of the offense and the punishment or penalty assessed therefor.
F. 
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be at least two inches by two inches, showing the head and shoulders of the applicant in a clear and distinct manner, except that said Township may waive this requirement on renewal applications.
G. 
A statement by the Toms River Township Police Department that the applicant's fingerprints have been taken and recorded by that Department, except that said Township may waive this requirement on renewal applications.

§ 170-4 Bond required for auctioneer's license.

Every application for an auctioneer's license shall be accompanied by a bond letter stating that if the license applied for is granted, the surety will furnish a suitable, acceptable and approved bond to said Township in the penal sum of $5,000, conditioned that the applicant, if granted an auctioneer's license, will comply with all the provisions of this chapter and any other legal ordinance or ordinances hereafter adopted by this municipality during the licensed period; render true and strict accounts of all his or her sales to any person or persons employing him or her to make the same; not practice any fraud or deceit upon bidders or purchasers of property from him or her at any auction sale or suffer or permit any person with his or her assistance to practice any fraud or deceit; and pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee, his or her agent or employees in the conduct of any auction. The surety company bond must be executed by the applicant or licensee as principal and the proper officials of the surety company as surety and must bear the corporate seal of the surety company and proof that the surety company is financially sound and licensed to do business in the State of New Jersey.

§ 170-5 License fee.

The annual fee for an auctioneer's license shall be the sum of $100.

§ 170-6 Application for permit.

A. 
Any individual, partnership, corporation or other legal entity that desires to engage in the auction business on any premises located within this Township must first acquire an auction permit for such purpose. The auction business shall be understood to include the following activities:
(1) 
Operating an auction house.
(2) 
Conducting a house sale.
(3) 
Holding an auction sale.
B. 
All applications for permits to engage in the auction business shall be distributed by the Township Clerk and, upon completion by the applicant, shall contain the following information:
(1) 
The name of the applicant.
(2) 
The residence address of the applicant.
(3) 
The business address of the applicant.
(4) 
The location of the auction business.
(5) 
Type of activity in which the applicant will be engaged, i.e., auction house, house sale, auction sale.
(6) 
A statement of whether or not the applicant holds or has held a license or permit from any other municipality, governing body or licensing authority allowing the applicant to conduct an auction; a list of such licenses or permits and a statement of the time, place and by whom issued; a statement of whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a license or permit to conduct an auction 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 issuing authority has ever revoked such a license or permit held by the applicant, together with a full and accurate statement as to the reasons for any such revocation.
(7) 
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, when, where, the nature of the offense and the punishment or penalty assessed therefor.

§ 170-7 Permit fee.

The permit fee to be paid to the Township, before any permit to engage in the auction business shall be issued, is computed as follows: $20 for each day that the applicant wishes to engage in the auction business, except that the maximum annual fee to be paid by any one applicant for an auction business at any one location shall be $500.

§ 170-8 Investigation by Chief of Police.

Before issuing an auctioneer's license or a permit to engage in the auction business to any entity applying for same, the municipality shall refer the application to the Chief of Police who shall cause to be made an investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good and shall report, in writing, the result of his investigation concerning each applicant to the governing body of the municipality as expeditiously as possible, provided that the provisions of this section may be waived by the governing body upon applications for renewal licenses.

§ 170-9 Revocation conditions.

An auctioneer's license or a permit to engage in the auction business may be revoked by said Township, or an application for issuance or renewal of such license may be revoked by said Township, as it determines, after notice and hearing:
A. 
That the applicant, licensee or permit holder has violated or has failed to abide by any of the provisions of this chapter.
B. 
That the applicant, licensee or permit holder is not an individual of good moral character and business responsibility.
C. 
That the application of the applicant, licensee or permit holder contains any false, fraudulent or misleading material statement.
D. 
That the applicant, licensee or permit holder has made any false, fraudulent or misleading material statement in the course of maintaining or operating an auction house, conducting a house sale or in offering for sale at auction any personal property in said Township.
E. 
That the applicant, licensee or permit holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in said Township.
F. 
That the applicant, licensee or permit holder has violated any of the statutes of the State of New Jersey relating to auctions or auctioneers.
G. 
That the applicant, licensee or permit holder has been convicted of any crime or misdemeanor involving moral turpitude.
H. 
That the applicant, licensee or permit holder has maintained or operated an auction house, conducted a house sale or offered for sale at auction any personal property in said Township in an unscrupulous manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
I. 
That the applicant, licensee or permit holder has engaged in a practice of false advertising with respect to the quality, origin or age of items to be offered for sale at any auction house, house sale or auction sale.

§ 170-10 Hearing; notice.

Notice of hearing hereinabove referred to shall be given, in writing, to the applicant, licensee or permit holder, as the case may be. Such notice shall be by certified mail to the applicant, licensee or permit holder, as the case may be, at his last known address at least five days prior to the date set for the hearing. The applicant, licensee or permit holder, as the case may be, shall have the right to be represented at such hearing by counsel. Such hearing shall be conducted by and in the presence of the governing body of said Township. At said hearing any party in interest may present witnesses, but the strict rules of legal evidence need not be enforced in the conduct of said hearing.

§ 170-11 Unlicensed auctioning.

No person, except a licensed auctioneer duly licensed pursuant to this chapter, shall sell or offer for sale any goods or merchandise or personal property in any manner similar to that of a public auction or by public outcry, even though no competitive bids are solicited.

§ 170-12 Display of auctioneer's name.

Each auctioneer shall, during the sale, cause his name to be conspicuously displayed on a sign at the place where he shall conduct an auction sale, and only the name of the licensed auctioneer actually selling at the sale shall be displayed on or about the premises.

§ 170-13 Transfer of location; fee.

No permit issued hereunder for the purpose of engaging in the auction business at a specific location shall be transferred to another location unless a transfer fee of $10 (when the permit sought to be transferred was issued for a house sale or auction sale) or $50 (when the permit sought to be transferred was issued for an auction house) is paid to the Township. Application for transfer must be made in the same form and manner as in the case of an original permit, and such application for transfer may be denied by the Township Council.

§ 170-14 Licenses and permits not interchangeable.

The auctioneer's license and the permits to engage in the auction business, issued pursuant to this chapter, are not interchangeable. Each is separate and distinct. Each person who desires to engage in the auction business on any premises located within this Township must obtain a permit, and each auctioneer who works at a premises covered by a permit must be licensed.

§ 170-15 Nontransferability of auctioneer's license.

No auctioneer's license may be transferred from one person to another, and each auctioneer must be licensed individually and separately.

§ 170-16 Rules of sale.

It shall be unlawful for any auctioneer to accept anything other than bona fide bids, and such auction sales are to be conducted so as to dispose of merchandise to the highest bidder, unless terms otherwise are publicly announced immediately before the sale.

§ 170-17 Misrepresentation of goods.

It shall be unlawful for any auctioneer, in describing goods or merchandise that are being auctioned, to directly or indirectly, either by act of commission or omission, misrepresent the goods or merchandise being auctioned.

§ 170-18 Use of capper or shill prohibited.

It shall be unlawful for any auctioneer to use or employ, or permit to be used or employed, what is commonly called a "capper" or "shill" or "fake bidder."

§ 170-19 Blind packages.

It shall be unlawful to sell what are commonly known as "blind packages" or articles which cannot be seen by bidders before bids are made.

§ 170-20 Means of attracting public attention.

It shall be unlawful for any auctioneer, permit holder or his agent to use any sound or noise device in order to attract the attention of people passing the place where any auction is being conducted so as to encourage their entrance onto the premises.

§ 170-21 Hours of sale.

No public auction house, house sale or auction sale shall be conducted out of doors, except between the hours of 9:00 a.m. and 7:00 p.m. daily. A public auction house, house sale or auction sale located in an enclosed building may be conducted daily between the hours of 9:00 a.m. and 10:00 p.m.

§ 170-22 Congestion; traffic hazards; public welfare.

No permit to engage in the auction business will be issued when the operation of an auction house, house sale or auction sale at the premises requested in the application would reasonably be expected to significantly increase traffic hazards and/or be hazardous or dangerous to the safety, well-being, comfort or health of the persons attending said auction house, house sale or auction sale or the persons being or residing in the immediate vicinity of said auction. It shall be unlawful to conduct an auction sale of personal property on any of the streets, sidewalks or public property of this Township.

§ 170-23 Nonapplicability.

The provisions of this chapter shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process.

§ 170-24 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, suffer a penalty of a fine not exceeding $50 or imprisonment in the county jail for a term of not exceeding 10 days, or both, at the discretion of the Municipal Court Judge before whom such conviction is had. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.

§ 170-25 Charitable or nonprofit organizations.

A charitable organization, such as a charitable lodge, post, group, church, association, hospital or society operated for a nonprofit purpose, shall not be required to obtain a permit to engage in the auction business in accordance with the provisions of this chapter, and no individual shall be required to obtain an auctioneer's license if the individual will receive no form of reimbursement, fee or salary for his services, and such auctioneering services are in conjunction with an auction sale conducted by a charitable or nonprofit organization.