[HISTORY: Adopted by Common Council of City of North Tonawanda 1-19-1959. Amendments
noted where applicable.]
GENERAL REFERENCES
Going-out-of-business sales — See Ch. 47.
Where used in this ordinance, the following terms and words
shall have the meanings and effects as follows:
Includes any person conducting a sale by public auction of
personal property or real property of his own or as agent for another.
Includes all goods; wares, merchandise, commodities, compounds,
things, chattels, jewelry, household goods and antiques, and all other
property of whatsoever form or nature, but does not include choses
in action or real property.
[Amended 11-8-79]
Includes any public offer to sell personal property or real
property to the highest bidder or to the person offering to pay the
highest price therefor and shall be without qualifications or reservations,
unless at the time of the offer of each article or parcel and before
any bids are asked thereon a minimum price therefor be publicly stated.
The land, together with the improvements thereon and attached
thereto.
Shall not include judicial sales, sales by public officers
in the manner prescribed by law, sales pursuant to statute to satisfy
any lien on the property retaken under a conditional sale contract
or sales of horses, cattle or other live animals.
No sale at public auction of any personal or real property,
as defined in this ordinance, shall be held within the City of North
Tonawanda unless such sale is directly conducted by an auctioneer
licensed pursuant to the provisions of this ordinance.
A.
Every
applicant for a license pursuant to this ordinance shall present to
the Mayor a written application signed and duly verified by him stating
his full name, age, residence by street, number and place; his present
occupation; that he is a citizen of the United States; his qualifications,
including education, business engaged in during the past five years,
giving location, kind and extent; where and when he was previously
licensed as auctioneer; whether any previous license as auctioneer
was cancelled for cause; and such further facts as may be required
by the Mayor to show the good character, competency and integrity
of the applicant.
B.
The
applicant shall also present to the Mayor with his application for
such a license a bond to the City of North Tonawanda executed by a
duly authorized surety company in the penal sum of $5,000, conditioned
for the faithful observance of the laws of the State of New York and
of the ordinance of the City of North Tonawanda then in effect or
thereafter enacted, for the performance of all duties, the rendition
of all accounts and the payment of all moneys required of him by law
to be paid; and also conditioned for the payment to any person who
shall be defrauded or suffer loss by reason of the violation by such
auctioneer of any of the provisions of this ordinance.
C.
Such bond shall be approved as provided by the Charter. Upon the Mayor being satisfied of the good character, competency and integrity of the applicant, and upon the proof of the payment of the license fee as provided in § 16-4 of this ordinance, he shall issue to the applicant an auctioneer's license, authorizing him to conduct auction sales in the City of North Tonawanda as provided by law and by this ordinance.
[Amended 6-27-68]
Each license issued pursuant to this ordinance shall expire
on the 31st day of December next succeeding its issue. The fee for
such license shall be $150 and shall be paid by the applicant to the
Mayor before the issuance of the license.
A.
At
least five days before any auction sale is held, the auctioneer shall
file or cause to be filed a statement in type-writing or other print
with the Mayor, giving the name and address of the owner of the property
proposed to be sold, street and number where property is located,
the place or places, if any, where the owner has conducted business,
if any, during one-year next preceding the filing of such statement,
the date of opening and probable duration of the proposed sale, place
where sale is to be conducted, the reasons why an auction sale is
desired, the name and address of the auctioneer who will conduct the
auction sale; also an itemized inventory of the property, quality,
kind and grade and the material of which it is composed, with a distinctive
number for each item. If the property to be sold consists of a stock
of goods in trade, in whole or in part, of a person, firm or corporation
engaged in the wholesale or retail sale thereof immediately preceding
the time of the filing of the inventory, there shall be attached to
the inventory a complete statement including the name of such person
so engaged, the location by place, street and number where so engaged,
the length of time so engaged, and that each and every article contained
in the aforesaid inventory is a part of the stock of goods of said
person and has been a part of the stock of goods of said person for
a period of at least 90 days prior to the date of filing of the said
inventory, and that no property purchased, procured or placed in stock
specially for such public auction sale is included therein. If the
property to be sold be real property, the inventory shall briefly
describe the same, so as to identify its dimensions, the improvements
thereon and the location thereof.
B.
If
such property consists of the household furniture of a householder
or the fixtures and equipment of a business, the inventory shall be
accompanied by a statement that each article was a part of the household
goods of the householder (naming him) or, in the case of fixtures
and equipment, was a part of the fixtures and equipment of the person
(naming him) for at least 90 days prior to the date of the sale.
C.
Such
statement and inventory must be signed by the auctioneer who is to
conduct the sale and verified by him to the effect that it is, to
the best of his knowledge, information and belief, true. Such statement
and inventory shall also be signed by the owner of said property and
shall be verified by him by affidavit, stating that said inventory
is true and correct in all particulars.
D.
Upon
the receipt and approval by him of such inventory, the Mayor shall
issue to the auctioneer therein named an authorization to conduct
the sale. Such sale, however, shall be conducted daily, except Sundays
and holidays, and for a period not exceeding 60 calendar days from
the opening thereof.
E.
A
copy of the itemized inventory of the property to be offered for sale
filed with the Mayor shall be posted in a conspicuous place on the
premises where the sale is conducted, available for examination by
the bidder.
A.
In
addition to the records required to be kept by Sections 25 and 26
of the General Business Law, the auctioneer shall attach or label
upon which shall be plainly written or printed in the English language
a true and correct statement of the kind and quality of the material
or substance of which such article on the itemized inventory and appraisal
filed with the director of licenses; if said article be one of those
commonly classed as jewelry or articles commonly carried by persons
engaged in the jewelry business, the tag shall state the percentage
or carat of purity of such material; in case the article be plated
or overlaid, a true statement of the kind of plate and the percentage
of purity thereof and the kind of material or metal under the plating;
if the article be one commonly known as precious, semiprecious, synthetic
or imitation stones, the true names, weight, quality and color of
said stones; if watches or clocks, the true name of the manufacturers,
the number of jewels and adjustments, the country of manufacture;
and if any of such articles or part thereof be used or second-hand,
the length of time the same has been in use and in a conspicuous place
on said tag the words "second-hand" or "used." Said tag in each and
every case shall remain upon the article and be delivered with the
article to the purchaser.
B.
When
any article or combination of articles is offered for sale at public
auction, unless the auctioneer states a minimum price therefor before
any bid or offer is asked, the article or combination of articles
shall be sold to the person whose bid or offer is the highest offered
if there be more than one bid or offer therefor.
C.
During
the time when and while such auction sale is being conducted, no sales
of any property, whether or not it is a part of the inventoried property,
shall be permitted within the same room or in any room opening therefrom,
by private sale or otherwise than by public auction sale.
D.
No
property not included in the inventory filed as hereinbefore required
shall be sold or offered for sale at public auction or private sale
during the time that such auction sale is being conducted in the same
room or in a room opening therefrom.
E.
Within
10 days after the conclusion of such auction sale, the auctioneer
shall file or cause to be filed with the Mayor a report which shall
consist of a copy of said inventory, with superimposed thereon a list
of the articles sold and a statement that no other articles were sold
during the said sale, which report shall be subscribed by said auctioneer
and verified by his oath before an officer authorized to take oaths
in the County of Niagara, and shall be kept on file by the Mayor and
shall be open for public inspection.
[Amended 11-8-79]
A.
Sale
at public auction shall be held only between the hours of 9:00 a.m.
and 10:00 p.m. and at no time within the hours beginning at 10:00
p.m. and ending at 9:00 a.m.
B.
An
auction sale shall be held on consecutive or nonconsecutive days,
Sundays and legal holidays excepted, and shall not continue for a
period longer than 60 days.
A stock of goods, wares and merchandise shall not be offered
for sale as such by public auction except where same consists of a
stock-in-trade of a person continuously engaged in the City of North
Tonawanda in dealing in such goods, wares and merchandise at wholesale
or retail for a period of at least one-year immediately preceding
the time of the commencement of such sale, and at such sale no property
shall be inventoried as proposed to be sold or sold other than property
which constitutes such stock-in-trade of such person. Such public
auction, however, shall be held at the place of business of such person
and on successive days, Sundays and holidays excepted, and shall not
be held for a greater period than 60 days in any one calendar year.
Such sale shall also be subject to all other provisions of this ordinance.
No auctioneer shall:
A.
Make
any false representations as to the character, quality, condition,
value or ownership of any property offered for sale or falsely represent
that such property is in whole or in part bankrupt or insolvent stock
or damaged goods or goods saved from fire.
B.
Substitute
any other article for the article sold to a bidder.
C.
Bid
in or withdraw from sale any article after receiving a second bid
therefor or receive any bid from a person not a bona fide bidder at
such sale or any person acting as a capper, booster or shiller.
D.
Employ
or permit to be employed any bellman, crier, instrument of music or
means of attracting the attention of passersby other than a sign or
flag.
E.
Conduct
a sale where entertainment is provided on the premises where the sale
is conducted for the prospective bidders.
F.
Offer for sale or sell any article of property not included in the inventory filed as provided in § 16-5 of this ordinance.
G.
Open
or conduct any public auction sale until all the provisions of this
ordinance have been complied with and an authorization for such sale
obtained.
H.
If
the property to be sold is, in whole or in part, a stock of goods
in trade of a merchant in business or who has been in business, wholesale
or retail, conduct a public auction thereof except at the place where
such business was or is conducted, and/or include in such sale any
property if the same was purchased specially for such sale.
I.
Conduct
a sale at public auction of property which consists in part or whole
of a stock-in-trade of a merchant, unless such merchant has been in
such business continuously in the City of North Tonawanda for a period
of at least one year.
A.
The Mayor may revoke any license and/or authorization to conduct
a sale issued pursuant to the provisions of this ordinance if he shall
have cause to believe that the holder of such license and/or authorization
to conduct a sale is violating any statute of the State of New York
relative to auctions and auctioneers or any provision of this ordinance.
A conviction by a court of competent jurisdiction of such offense
or recovery upon a bond pursuant to the provisions of this title shall
be conclusive evidence of such violation.
B.
The Mayor may, upon the complaint of any person, cause notice to
be served upon the holder of such license and/or holder of authorization
to conduct a sale, specifying the grounds of complaint or reason assigned
for the revocation of such license and/or authorization to conduct
a sale, which notice shall fix a time and place, not less than three
days after the service of such notice, at which the said Mayor shall
hear the evidence of the person making such complaint and such other
evidence as may be presented to him or be in his possession, and the
holder of such license and/or the holder of such authorization to
conduct a sale shall have an opportunity to be heard in his own defense.
If the Mayor shall believe that sufficient grounds therefor exist,
he shall revoke such license and/or such authorization to conduct
a sale.
Any person who shall violate any of the provisions of this ordinance
shall be liable to a fine or penalty of not more than $250 for each
offense.
If any section, paragraph, subdivision, clause, sentence, provision
or part of this ordinance shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair,
invalidate or nullify the remainder thereof, but the effect thereof
shall be confined in its operation to the section, paragraph, subdivision,
clause, sentence, provision or part thereof immediately or directly
involved in the controversy in which such judgment shall have been
rendered.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance be and the same are hereby repealed.
