As used in this article, the following terms shall have the meanings
indicated:
AUCTIONEER
Includes any person, other than a corporation, selling or offering
for sale, for another or for himself, at public auction any goods, wares,
merchandise, real estate or personal property of any description, except as
otherwise provided in this article.
Nothing contained in this article shall apply to judicial sales by public
officers in the manner prescribed by law.
No person having a license granted under this article shall delegate
his power to any clerk, partner or person, but the privilege given shall be
personal to the person named in the license and shall be exercised by him
alone.
It shall be unlawful for any person to conduct or to represent, circulate
or place before the public any announcement that he conducts the business
of an auctioneer without first having obtained and paid for and having in
full force and effect a license therefor as provided in this article.
When an application is filed, the Village Clerk shall cause an investigation
to be made by the Police Department to ascertain whether the applicant is
of good character and repute. The police shall furnish to the Village Clerk
the information derived from such investigation, accompanied by a recommendation
as to whether a license should be granted or refused.
A license required by this article shall not be granted to any person
who has been convicted of violating the laws of the State of New York or ordinances
of the village relating to auctions and auctioneers or for fraud or deceit
in the conduct of auctions.
[Amended 12-7-1989 by L.L. No. 3-1989]
The fee for license issued to an auctioneer under the provisions of
this article shall be at such rates as may be fixed, from time to time, by
resolution of the Board of Trustees.
No auctioneer shall refuse to exhibit his license to any police officer,
peace officer or any village official upon demand at the place where an auction
is being conducted.
No license issued under 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 person and any person who uses such license granted
to another person shall be guilty of a violation of this article.
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 and bond, 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 to him of $20.
No person shall destroy, deface or injure a license in any manner or
change the name, numbers or date thereon.