[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.]
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.
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.
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.
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]
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.
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.
