[HISTORY: Adopted by the Mayor and Council of the Township of Florence 12-21-1983 by Ord. No. 1983-12 as Ch. 42 of the 1983 Code. Amendments noted where applicable.]
Article I Auctions and Markets
Article II Casual Sales
As used in this Article, the following terms shall have the meanings indicated:
- AUCTION BLOCK
- The stand or platform from which the public auction sales are conducted.
- AUCTIONEER and AUCTION
- Includes all persons, firms, corporations and partnerships, principals and agents who engage in the selling of goods at public sale or auction to the highest bidder on commission or for recompense, as well as those who sell their own goods at public sale or auction to the highest bidder.
- Any goods, wares, works of art, commodity, compound or thing, chattel, merchandise or personal property which may be lawfully kept or offered for sale.
- Includes any place in which two (2) or more sellers, other than farmers selling produce grown by themselves, assemble or gather for a public sale.
- RETAIL SALE
- Any sale or offer to sell other than through bidding.
It shall not be lawful for any person within the limits of the Township of Florence, without a license first had and obtained in the manner prescribed by this Article, to conduct a market or markets under a penalty as herein set forth for each and every offense.
Before any license is granted, the applicant shall make application therefor to the Mayor and Council, in writing, on a form to be provided by the Mayor and Council, and under oath. Such application shall state the following:
The full name of the applicant.
The applicant's residential address.
The length of time of continuous bona fide residence in the township immediately prior to making application.
The places where the applicant has resided for a period of three (3) years immediately prior to making the application.
Whether any person or corporation other than the applicant has any interest, directly or indirectly, in the license applied for or in the business to be conducted, and, if so, the name, residence and interest shall be stated.
The address of the place of business.
The experience an applicant has had as an auctioneer or as a person engaged in the auction business.
Whether the applicant has ever been convicted of a crime.
The place and the time that the applicant has been so engaged as an auctioneer or in the auction business.
The names of the persons or bonding company to furnish the bond as hereinafter required.
References of two (2) resident freeholders of the township as to the applicant's character and integrity, and the applicant shall also answer such questions and interrogatories as may be propounded or promulgated by the Mayor and Council seeking to determine the applicant's fitness, integrity and character.
The Mayor and Council shall, as a condition precedent to the granting of the license to engage in the auction business, require the applicant to enter into a bond to the township with two (2) responsible freeholders as sureties or, in lieu thereof, the bond of a surety company authorized to do business under the laws of the state, such bond to be approved by the Mayor and Council and to be in the sum of two thousand dollars ($2,000.), conditioned for the due observance of all such ordinances of the township as are in force or may be passed respecting the conduct or operation of the auction business at any time during the continuance of such business. Such bond shall be for the benefit of any person who shall have recovered judgment against any person licensed under and by virtue of this Article by reason of any damage sustained by such person as a result of having purchased any article or commodity at a public auction sale conducted or operated by the licensee, due to fraud or deceit practiced in effecting such purchase or sale to such person, and such bond shall be for the protection of persons and property and for the preservation of the safety and property of the township and its inhabitants and as may now or hereafter be required by any state law or municipal ordinance or regulation.
The Mayor and Council shall investigate or cause to be investigated each and every application filed as aforesaid and is hereby vested with the sole discretion of either granting or refusing to grant a license.
No license required by this section shall be issued to any person unless the Mayor and Council shall be satisfied that the applicant is a person of good moral character.
Every license required by this section which shall be granted shall entitle the licensee to operate anywhere within the legal limits of the township for the period from the date of issuing of such license to the 30th day of June of the succeeding year, and all renewals of such license shall be for a period of one (1) year from the first day of July to the first day of July of the succeeding year. All licenses shall expire on the 30th day of June, at 12:00 midnight, and shall not be renewed unless all of the terms and conditions of this Article have been fully complied with.
The annual license fee for the conduct of a market or markets or auction sales shall be the sum of one hundred dollars ($100.), which shall be payable on presentation of the application and returned in the event that said application is not granted. If the term for which said license is sought is less than a year, the fee shall be, nevertheless, the same.
The annual fee for the license required for this Article shall be fifty dollars ($50.) for public auctioneers, except that each licensed establishment may conduct its own business through its proprietor or one (1) of its proprietors, if a partnership, or one (1) of its officers, if a corporation, without paying said license fee.
The Mayor and Council may, upon its own motion or upon the verified complaint, in writing, of any person, investigate the actions of any licensee, and the Mayor and Council, as aforesaid, shall have the power to suspend a license, after notice and public hearing, for the unexpired portion of the license period or for a period less than the unexpired portion of the license period or to revoke any license issued under the provisions of this Article where the licensee, in performing or attempting to perform any of the acts mentioned herein, is deemed to be guilty of the following:
Willfully making any false promise or willful misrepresentation.
Pursuing a flagrant and continued course of willful misrepresentation or the making of a false promise through agents, salesmen, advertisements or otherwise.
Failure to account for or to pay over any moneys belonging to others coming into possession of the licensee.
Any conduct which demonstrates unworthiness, incompetency, bad faith or dishonesty.
The violation of any of the provisions of this section.
No person except a licensed auctioneer or such person authorized by § 43-12 of this Article shall sell or offer for sale any goods or merchandise in any manner similar to that of a public auction or by public outcry, even though no competitive bids are solicited.
Each auctioneer shall, during the sale, cause his name to be conspicuously displayed on a sign at the place where he shall conduct an auction sale, and only the name of the licensed auctioneer actually selling at the sale shall be displayed on or about the premises.
No licensed establishment shall operate without licensed public auctioneers, except that each licensed establishment may conduct its own business on such licensed premises through its proprietor or one (1) of its proprietors, if a partnership, or one (1) of its officers, if a corporation, without any further license.
It shall be unlawful for any auctioneer to accept anything other than bona fide bids, and such auction sales are to be so conducted as to dispose of merchandise to the highest bidder, unless terms otherwise are publicly announced immediately before the sale.
It shall be unlawful for any auctioneer in describing goods or merchandise that are being auctioned to, directly or indirectly, either by act of commission or omission, knowingly misrepresent the goods or merchandise being auctioned.
Every auctioneer or person engaged in the business of selling goods at auction in the township, whether acting in his own behalf or as the officer, agent or representative of another, shall, upon the receipt or 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 that purpose:
The name and address of the person who employed him to sell such goods at auction.
The name and address of the person for whose benefit, behalf or account such goods are to be sold at auction.
The name and address of the person from whom such auctioneer received or accepted such goods.
The name and address of the person who was the owner of such goods immediately prior to the receipt or acceptance for the purpose of sale at auction of the same by such auctioneer.
The location, with street number, if any, of such goods immediately prior to the receipt or acceptance of same by such auctioneer for the purpose of sale at auction.
The date of the receipt or acceptance by such auctioneer of such goods for the purpose of sale at auction.
The place, with street 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 auctioneer receives or accepts such goods for sale at auction.
Sales shall be held by the licensee on any three (3) weekdays, provided that said days for sales are advertised one (1) week in advance by the licensee by a sign which shall be posted on the premises. It shall be unlawful to hold public sales on Sunday.
No licensed auctioneer or other person shall sell or attempt to sell at public auction any goods, chattels or personal property in or upon any street or sidewalk in the township.
It shall be unlawful for any auctioneer to engage in what is commonly called "barking," "ballyhooing," "ringing of bell" or the use of any other noise device in order to attract people passing the place where any auction is being conducted to enter the place of business.
Any person, firm, partnership or corporation owning, operating, maintaining or conducting or permitting or suffering the ownership, operation, maintenance or conduct of any such auction market, auction mart or multiconcession market without having obtained a license therefor or otherwise in violation of the provisions of this Article shall be subject, upon conviction thereof, to a fine or penalty not exceeding the sum of one thousand dollars ($1,000.) or to imprisonment in the county jail for a period not exceeding ninety (90) days or to a period of community service not exceeding ninety (90) days, or any combination thereof, within the discretion of the Judge.
Each and every day that any violation of this Article shall be continued shall be construed and be deemed and taken to be a separate and distinct offense subjecting the violator to the fines, penalties and imprisonment herein provided for.
Nothing herein contained shall be construed to prohibit or require a license for auction sales conducted by any judicial officer, executor, administrator, trustee or any bona fide licensed auctioneer employed by any judicial officer, executor, administrator or trustee for the purpose of liquidating either the real or personal property of an estate, nor shall any provision herein be construed to prohibit or require a license for any department store or supermarket owned by one (1) individual, person, firm, partnership or corporation or for any commissary operated by any industry as a service or convenience to its employees.
As used in this Article, the following terms shall have the meanings indicated:
- CASUAL SALES
- Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "yard sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
[Amended 6-2-2010 by Ord. No. 2010-11]
It shall be unlawful for any person to conduct a casual sale within any residential zone in the Township of Florence without first filing with the Clerk the information hereinafter specified and obtaining from such Clerk a license to do so, to be known as a “casual sale license.” The fee for such license shall be established in Schedule A of Chapter 2 of the Code of the Township of Florence.
[Amended 9-17-2003 by Ord. No. 2003-18]
The casual sales license shall be issued to any one person or any one property only once within a six-month period, and no such license shall be issued for more than three consecutive calendar days, none of which days shall fall upon a Sunday. Where the applicant for the license certifies that the casual sale is being held because the resident of the property is moving, a second license may be issued within the six-month period. Each license issued under this article must be prominently displayed on the premises upon which the casual sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Clerk pursuant to this Article shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting said casual sale.
The name of the owner of the property on which said sale is to be conducted and the consent of the owner if the applicant is other than the owner.
The location at which the sale is to be conducted.
The number of days of the sale.
The date and nature of any past sale.
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
The provisions of this Article shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale any items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five (5) in number.
Any recognized and organized charity, civic or religious group.
[Amended 12-1-1993 by Ord. No. 1993-32]
Any person, association or corporation conducting any such sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this Article shall, upon conviction, be fined not more than one thousand dollars ($1,000.) or be imprisoned for a period not to exceed ninety (90) days or serve a period of community service not to exceed ninety (90) days, or any combination thereof, for each such violation.