No person shall act as a public auctioneer of personal property,
and no person shall hold or cause to be held any public auction or
public vendue of personal property within the City of Fulton without
first obtaining a license from the Clerk/Chamberlain. Every applicant
for such a license shall furnish the Clerk/Chamberlain evidence that
he has complied with the laws of the State of New York regulating
auctions and auctioneers. No person shall receive or be entitled to
receive a license under the provisions of this chapter unless he be
a person of good moral character and shall furnish satisfactory evidence
thereof to the Clerk/Chamberlain. For every such license, the Clerk/Chamberlain
shall charge and the City shall receive a license fee of $200. Every
license issued shall expire on the first day of January next succeeding
the day on which it is granted. Every such license issued shall contain
the name and residence address of the auctioneer to whom it is issued,
and no other person than the one named therein shall act as auctioneer
under such license.
No person shall be entitled to an auctioneer's license
hereunder or act as auctioneer on the sale at public auction of personal
property in the City of Fulton, where a license is required hereunder,
until he has entered into a joint and several bond to the City of
Fulton with two sufficient sureties to be approved by the Clerk/Chamberlain,
or with a surety company authorized to issue surety bonds in the State
of New York, under the penalty of $5,000, conditioned that he will
faithfully perform his duties as such auctioneer and render such accounts
and pay such duties and moneys as such auctioneer as may be required
of him by law to the City of Fulton or to any person.
During any sale by auction, no additions whatever shall be made
to the stock of merchandise set forth in the inventory as written
in said book unless such additions shall be recorded and appropriately
labeled as merchandise so added. Upon the offering for sale of any
such merchandise so added, the auctioneer shall announce that such
articles have been added to the stock of merchandise since the auction
started.
No person, firm or corporation shall dispose of his goods, wares
or merchandise at public auction, either by himself or another, unless
said person, firm or corporation shall have been in business continuously
in the City of Fulton as a wholesale or retail merchant at the same
location at which said auction is conducted for a period of six months
preceding such auction, without written permission from the Mayor
and/or their designee, which permission shall be granted by the Mayor
and/or their designee in their discretion for good cause. This section
shall not apply to:
A. Legal or judicial sales, including sales under and by virtue of the
Personal Property Law relating to clearance of title under conditional
sales contracts;
B. Sales by executors or administrators;
C. Sales of or on behalf of licensed pawnbrokers of unredeemed pledges
in the manner provided by law; or
D. Sales conducted by licensed auctioneers of the property of persons
not regularly engaged in the wholesale or retail sale of merchandise.
No sale at a public auction shall continue for more than 30
days, Sundays and legal holidays excepted, from the day of the beginning
of the sale. Such sale may continue for 30 additional days upon written
permission of the Clerk/Chamberlain, which permission shall be granted
by the Clerk/Chamberlain in their discretion for good cause.
It shall be unlawful for any person, firm or corporation to
sell, dispose of or offer for sale in the City of Fulton at public
auction or to cause or permit to be sold, disposed of or offered for
sale in said City at public auction between the hours of 8:00 p.m.
and 8:00 a.m. of the following morning any gold, silver, plated ware,
precious stones, watches, clocks, jewelry, bric-a-brac, rugs, clothing,
china, porcelain, crockery, glassware, linens, laces, leather goods,
furniture, springs, mattresses, electric household appliances, musical
instruments or radios, whether the same shall be their own property
or whether they shall sell the same as agents or employees or otherwise;
provided, however, that this section shall not apply to legal or judicial
sales, including sales under and by virtue of the Personal Property
Law relating to clearance of title under conditional sales contracts,
or sales by executors or administrators or to sales by or on behalf
of licensed pawnbrokers or unredeemed pledges in the manner provided
by law.
Whenever the Clerk/Chamberlain believes that sufficient cause
exists for the revocation of a license, they may, upon their own motion
or upon complaint made by any person, revoke any license issued hereunder.
Before so revoking any such license, they shall cause to be served
upon such license a notice specifying the grounds of complaint or
the alleged reasons for revocation, which notice shall fix a time
and place at which the Clerk/Chamberlain shall hear and determine
said complaint. The person against whom said complaint is made shall
have an opportunity to be heard in answer to said complaint and at
the time specified in said notice and to make defense thereto. The
Clerk/Chamberlain may revoke the license of any person against whom
charges brought as above are, in their opinion, substantiated; provided,
however, that when a license is revoked, the Clerk/Chamberlain shall
notify the licensee, in writing, and give the reasons for such revocation.
Any person, firm or corporation who shall violate, fail, or
refuse to comply in any way with any of the provisions of this chapter
shall, upon conviction thereof, be liable to a fine or penalty of
not more than $500 or to be imprisoned for not more than 15 days,
or both. Each day that said business is carried on without the procurement
of and payment for such license shall constitute a separate offense.