[HISTORY Adopted by the Town Board of the
Town of Rotterdam as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-13-1954]
No person, firm or corporation whether setting
as principal or as agent for another shall conduct a public auction
of any goods, wares or merchandise or any other personal property
except in an auction conducted under process of law or in any legal
proceeding in the Town of Rotterdam without first obtaining a license
thereof as provided herein.
A.
Any such person, firm or corporation applying for
a license to conduct any such public auction in the Town of Rotterdam
shall apply for such license by verified petition to the Town Clerk
of the Town of Rotterdam stating his or its name, residence or place
of business and the location where the proposed auction is to take
place. There shall accompany such petition and be made a part thereof
an inventory in detail of the goods which are to be sold and what
facts are to be represented upon said sale as to such goods.
B.
The applicant shall also furnish to accompany said
petition such other and further information as shall be necessary
to establish the truth of the facts stated in said petition.
No license shall be granted under this article
which shall permit such auction sale to be conducted between the hours
of 10:00 p.m. and 8:00 a.m., nor shall any license be granted to permit
such auction sale on Sundays.
The granting of a license under this article
shall rest in the discretion of the Town Clerk of the Town of Rotterdam.
[Amended 1-25-1989 by L.L. No. 1-1989]
Before the issuing of said license, there shall be paid to the Town Clerk of the Town of Rotterdam a license fee per day as set forth in Ch. 126, Fees. No license shall be granted for a period of longer than 15 days.
[Amended 3-12-1986 by L.L. No. 4-1986]
Any person, firm or corporation failing to obey
any of the provisions of this article shall be punishable by a fine
not to exceed $250 and by imprisonment not to exceed 15 days, or both.
[Adopted 12-13-1954]
As used in this article, the following terms
shall have the meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Includes any person selling or offering for sale for another
or for himself at public auction any goods, wares, merchandise, real
or personal property of any description, except as hereinafter provided.
It shall be unlawful for any person to conduct,
or to represent or circulate or place before the public any announcement
that he conducts the business of a public auctioneer without first
having obtained and paid for and having in full force and effect a
license therefor as herein provided.
Nothing herein contained shall apply to the
judicial sales or sales by executors or administrators, by trustees
under deed of assignment, by lienors or by public officers in the
manner prescribed by law.
A.
Every applicant for a license is required to submit
to the Town Clerk a written application supplying, under affidavit,
the following information:
B.
If satisfied that the applicant possesses the required
qualifications, he is a fit and desirable person, and is capable of
properly conducting public auctions, the Town Clerk shall, upon receipt
of a license fee, issue a license to the applicant authorizing him
to act as an auctioneer in the Town of Rotterdam.
[Amended 1-25-1989 by L.L. No. 1-1989]
The yearly license fee for a public auctioneer shall be as set forth in Ch. 126, Fees, payable at the time the license is issued.
All licenses issued hereunder shall automatically
expire on the first day of January of the year following their issuance.
A licensed public auctioneer shall not:
A.
Falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale; or offer for
sale any unwholesome, tainted or diseased provisions or merchandise.
B.
Blow a horn, ring a bell or use any other noise or
device to attract public attention to his articles for sale.
C.
Create or maintain any booth or stand or place any
barrels, boxes, crates or other obstructions upon any street or public
place for the purpose of selling or exposing for sale any goods, wares
or merchandise.
Every public auctioneer shall, upon the receipt
of acceptance by him of any goods for the purpose of sale at auction,
and before offering the same or any part thereof for sale at auction,
write or cause to be written in a book to be kept by him for the purpose,
the name and address of the person who employed him to sell such goods
at auction; the name and address of the person from whom such public
auctioneer received or accepted such goods; the name and address of
the person who was the owner, the authorized agent of the owner or
the consignor of such goods immediately prior to the receipt or acceptance
for the purpose of sale at auction of the same by such public auctioneer;
the locations, with street and number, if any, of such goods immediately
prior to the receipt or acceptance of the same by such public auctioneer
for the purpose of sale at the auction; the date of the receipt or
acceptance by such public auctioneer of such goods for the purpose
of sale at auction; the place, with street and number, if any, in
which such goods are to be held, kept or stored until sold or offered
for sale at auction; the place, with street and number, if any, in
which such goods are to be sold or offered for sale at auction; a
description of such goods, the quantity thereof and the distinctive
marks thereon, if any; the terms and conditions upon which such public
auctioneer receives or accepts such goods for sale at auction. The
expression "goods," as used in this section, signifies any goods,
wares, work of art, commodity, compound or thing, chattels, merchandise
or personal property which may be lawfully kept or offered for sale,
but shall not include goods damaged at sea or by fire and sold or
to be sold for the benefit of the owners, insurers or for the account
for whom it may concern or goods sold by virtue of judicial degree.
Nothing in this section shall apply to the sale of real property at
auction.
Such books and the entries therein, made as
provided in the preceding section, shall at all reasonable times be
open to the inspection of the Town Clerk of the Town of Rotterdam
to inspect the same.
[Added 3-12-1986 by L.L. No. 4-1986]
A.
The Town Clerk may deny the issuance or renewal of a license or may revoke any outstanding license if he/she deems that there is good and sufficient reason for the denial or revocation thereof. Any person aggrieved by the action of the Town Clerk in denying the issuance, renewal or revoking of any license shall have the right to appeal pursuant to § 78-17 hereof.
[Added 3-12-1986 by L.L. No. 4-1986]
A.
Any person who has been refused the issuance of an
auctioneer's license or has had a previously issued auctioneer's license
revoked or suspended by the action of the Town Clerk shall have the
right to review the action of the Town Clerk as hereinafter provided:
(1)
An application for such review shall be in writing,
signed and acknowledged by the applicant, and shall state the ground
or grounds on which the applicant claims that the determination of
the Town Clerk was erroneous.
(2)
Such application shall be filed with the Town Clerk
by the applicant within 20 days after notice of denial of his application
by the Town Clerk has been mailed to him or delivered to him in person.
(3)
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 78-18.
(4)
At such hearing, the Review Board shall consider the
record upon which the Town Clerk based his/her determination and,
in its discretion, may receive new or additional evidence in support
thereof or in opposition thereto.
B.
The Review Board, after such hearing, may affirm the
action of the Town Clerk or direct the Town Clerk to issue a proper
license pursuant to this chapter.
[Added 3-12-1986 by L.L. No. 4-1986]
Whenever it shall be provided herein that a
hearing shall or may be held in connection with an application or
license:
A.
If an application or licensee requests a hearing,
the Supervisor shall designate two or more members of the Town Board
to conduct said hearing as a Review Board.
B.
Such hearing shall be held on a date at a place and
hour designated by the Chairman thereof.
C.
The Town Clerk shall give notice thereof, stating
the name and address of the applicant or licensee concerned, the subject
matter of the hearing and the date, place and hour thereof designated
therefor, by mailing a copy thereof to the applicant or licensee concerned,
at the address shown upon the most recent application of such applicant
or licensee at least 10 days prior to such hearing.
D.
The applicant or licensee involved shall be entitled
to be represented by legal counsel and to present such competent and
material testimony or other evidence in his own behalf as may be relevant
to the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
It shall be the duty of the Town Clerk to keep
a record of all applications and of all licenses granted under the
provisions of this article, giving the number and date of each license,
the name and residence of the person licensed, the amount of the license
fee paid and also the date of revocation of all licenses revoked.
[Amended 3-12-1986 by L.L. No. 4-1986]
Any person, who shall act as a public auctioneer
as herein defined without a license or shall violate any of the provisions
of this article, or who, having had his license revoked, shall continue
to act as a public auctioneer shall be guilty of a misdemeanor; and
be punished by fine of not more than $500 or by imprisonment not to
exceed three months, or both; and each day on which such violation
continues shall constitute a separate offense.
