City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle as Secs. 6-14, 6-14.01, 6-14.02, 6-14.03 and 6-14.04 of the 1965 General Ordinances. Sections 96-2 and 96-4D amended and § 96-6 added at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 160.
Junk dealers — See Ch. 181.
Pawnbrokers — See Ch. 227.
Secondhand articles and vehicles — See Ch. 264.
Transient merchants — See Ch. 298.

§ 96-1 License required.

Anyone selling or offering for sale at public auction in the City of New Rochelle any goods, wares or merchandise or personal property of any description shall be deemed a public auctioneer and shall obtain a license therefor from the Mayor.

§ 96-2 License fees; bond.

[Amended 5-13-1968 by Ord. No. 141-1968; 11-22-1983 by Ord. No. 266-1983[1]]
Every public auctioneer shall pay an annual license fee as set forth in Chapter 133, Fees, and file a bond with sufficient surety or sureties in the penal sum of $5,000, conditioned that he will faithfully perform his duties as such auctioneer, keep such records and render such accounts as may be required, and comply with all laws or ordinances governing an auctioneer. The bond shall be subject to the approval of the City Clerk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

§ 96-3 Sales after sunset restricted.

No person shall sell or offer for sale at public auction in the City of New Rochelle, between sunset and 8:00 a.m. of the following day, any watches, stickpins, clocks, diamonds, silverware or any other articles of jewelry. The word "jewelry" within the meaning of this section shall include all articles commonly sold at jewelry stores.

§ 96-4 Restrictions on licenses and duties of licensees.

The following restrictions and duties are hereby provided for public auctioneers and such licenses:
A. 
Licenses shall be issued to individuals only, and such persons shall be individually liable for their acts.
B. 
A licensed auctioneer shall personally conduct all auction sales, or shall be present on the premises during the conduct of sales in his name.
C. 
It shall be the duty of an auctioneer to keep records, which shall contain the following information relative to goods received or sold by him: the name and address of the person who employed him to sell the goods or from whom they were received or accepted; the name and address of the person for whose benefit, behalf or account such goods are to be sold; date of receipt; place with street and number in which goods are kept or are to be auctioned; description of goods, including quantities; terms and conditions of transactions. Such records shall be open to the inspection of the Mayor or any agent or police officer duly authorized by him, and to the District Attorney or his duly authorized representative of any county in which the auctioneer may reside or conduct business, and shall be available at reasonable hours at his place of business. If such place of business is outside the City limits of New Rochelle, said auctioneer shall have in his possession such records at the place and time of exhibition or sale of the goods within the City.
D. 
In addition to such other information as may be required on the application for a license, a person shall indicate whether he has ever been convicted of a violation of § 24 of the General Business Law relative to mock sales.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
No auctioneer, his agent, employee or servant shall sell or expose for sale at public auction any goods, wares, merchandise or other thing whatsoever, excepting real estate, in any street or public place, to any person or persons who, at the time of bidding for or while examining the same, shall be on the sidewalk or street.

§ 96-5 Means of attracting purchasers restricted.

No bellman or crier, nor any drum, fife or other instrument of music, or any show-signal or means of attracting the attention of purchasers, other than a sign or flag, shall be employed or suffered or permitted to be used at or near any place of sale, auction room, residence of any auctioneer or at or near any auction whatsoever.

§ 96-6 Penalties for offenses. [1]

An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).