As used in this article, the following terms shall have the meanings
indicated:
Include the offering for sale or selling of goods, wares, merchandise,
real estate and personal property by open competitive bidding or offering
for sale or selling of such property by the method known as "downhill selling,"
by which is meant the first offering of any article at a higher price and
then offering the same at successive lower prices until a bidder is procured.
Nothing contained in this article shall apply to judicial sales or incidental
sales by executors or administrators, by trustees under deed of assignment,
by lienors or by public officers in the manner prescribed by law or to sales
by local religious, educational, musical, parent-teacher, United States veterans,
benevolent or charitable organizations.
A.
No person shall dispose of goods, wares or merchandise
at auction, either by himself or another, unless such person shall have been
in business continuously in the village as a wholesale or retail merchant
at the same location at which it is proposed to conduct such auction for the
period of three months next preceding such action.
B.
Every sale at auction shall be held on successive days,
Sundays and legal holidays excepted, and shall not continue for more than
30 days, nor shall the same person dispose of his goods, wares or merchandise
at auction, either by himself or for another, for a period of 12 months from
the last day of the former sale.
C.
It shall be unlawful to sell or expose for sale at auction
any personal property, goods, wares or merchandise between the hours of 11:00
p.m. and 8:00 a.m.
D.
No person shall dispose of any goods, wares or merchandise,
real estate or personal property at auction:
(1)
Except through the medium of an auctioneer licensed pursuant to the provisions of Article II of this chapter to conduct such business.
(2)
In any street, sidewalk or public place.
(3)
To any person who, at the time of bidding, for or while
examining the same, shall be on the sidewalk or roadway of any street.
E.
It shall be unlawful for any person to sell or offer
or advertise for sale any goods, wares or merchandise at auction falsely representing
or pretending that such property is, in whole or in part, a bankrupt or insolvent
stock, or damaged goods, or goods saved from fire or make any false statement
as to the purchase, history or character of such property.
F.
No person shall sell any goods, wares or merchandise
at public auction with the understanding that the purchaser thereof shall
receive gratis, or as part consideration, any article of jewelry.
A.
It shall be unlawful for any person to sell or offer
for sale at auction any diamonds or other precious or semiprecious stones,
or imitations thereof, watches, clocks, jewelry or glassware, unless there
is securely attached to each of such articles a tag or label upon which there
shall be plainly written or printed in English a true and correct statement
of the kind and quality of the metal of which such article is made or composed
and the percentage or karat or purity of such metal.
B.
If such articles are plated or overlaid, then such tag
or label shall contain a true statement of the kind of plate and the percentage
of purity of such plating and the kind of material or metal covered.
C.
When precious or semiprecious stones are offered for
sale or sold by auction, such written statement shall set forth the true name,
weight, quality and fineness of such stone, and imitations shall be described
as such.
D.
When watches and clocks are sold, the true names of the
manufacturers shall be stated, in writing, and no part of the movement or
mechanism thereof shall be substituted or contain false and misleading names
or trademarks; neither shall secondhand or old movements be offered for sale
in new cases without a true statement to that effect.
E.
Such tag or label shall remain securely attached to any
such article or merchandise, shall be delivered to the purchaser as a true
and correct description and representation of the article sold and shall be
deemed prima facie evidence of intent to defraud in case such written statement
is not a true and correct description and representation of such article sold.
It shall be unlawful for any person, by himself or by any servant or
agent, to sell or offer for sale or cause or permit to be sold or disposed
of at auction within the corporate limits of the village any goods, wares,
merchandise, real estate and personal property without first having obtained
and paid for and having in full force and effect a license therefor as provided
in this article.
A.
Every person desiring to procure a license as herein
provided shall file with the Village Clerk, at least five business days prior
to the opening of such auction sale, a written application upon a blank form
prepared and furnished by the village.
B.
Such application shall contain the name and residence
of the applicant if an individual, partnership or firm or the names and residences
of the shareholders and principal officers if the applicant is an association
or corporation, the nature and character of the property proposed to be sold
at such sale, the dates and the hours of each day such sale is to be held,
the length of time such applicant has resided in the village, the length of
time such applicant has been in business in the village and the street and
number where his business is now located, the address, street and number of
the proposed place of sale, the name or names of the auctioneers to be employed,
the length of time for which the license is desired, and such further pertinent
information as the Village Clerk may request.
C.
Such application shall be signed and acknowledged by
the applicant before a notary public or other official authorized to administer
oaths in the village.
A.
Upon the filing of the application as provided in § 48-7, the Village Clerk may, upon his approval of such application and subject to the limitations and restrictions and the payment to the village of the license fee provided in this article, issue to the applicant a license to conduct an auction as required by this article.
B.
All licenses shall be numbered in the order in which
they are issued and shall state clearly the street and number at which the
auction is to be held or conducted, the fee paid and the name and address
of the licensee and shall be posted conspicuously at the place of auction
and removed only after the auction is completed. Thereupon, the license shall
be returned to the Village Clerk, who may then destroy the same, retaining
a copy for the Clerk's records.
C.
No applicant to whom a license has been refused shall
make further application until a period of at least six months shall have
elapsed since the last previous rejection, unless he can show that the reason
for such rejection no longer exists.
[Amended 12-7-1989 by L.L. No. 3-1989]
The fee for a license issued under this article shall be at such rates
as may be fixed, from time to time, by resolution of the Board of Trustees.
No license issued pursuant to the provisions of this article shall be
used by any person other than the original licensee, and any holder of such
license who permits it to be used by another and any person who uses such
license granted to another person shall be guilty of a violation of this article.
No person shall destroy, deface or injure a license issued under this
article in any manner or change the name, number or dates thereon.
Whenever a license issued under this article shall be lost or destroyed
without fault on the part of the holder, a duplicate license in lieu thereof,
under the original application, may be issued by the Village Clerk, in his
discretion, upon the filing with him of an affidavit by the licensee, setting
forth the circumstances of the loss and what, if any, search has been made
for its recovery and the payment of a fee of $20.
A.
The license of any person convicted of a violation of
any of the provisions of this article shall be deemed automatically revoked.
B.
The Village Board of Trustees may, at any time for such
reasonable cause as it deems sufficient upon investigation, revoke any license
granted under the provisions of this article.
C.
Whenever any license shall be revoked pursuant to Subsection B of this section, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked, in the discretion of the Village Board of Trustees, within a period of two years from the date of such revocation.
D.
Notice of revocation and the reason or reasons therefor,
in writing, shall be served by the Village Clerk upon the person named in
the application by mailing the same to the address given in the application
and upon filing a copy of the same with the Village Clerk.
