[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.]
As used in this Article, the following terms
shall have the meanings indicated:
The stand or platform from which the public auction sales
are conducted.
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.
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.[1]
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:
A.
The full name of the applicant.
B.
The applicant's residential address.
C.
The length of time of continuous bona fide residence
in the township immediately prior to making application.
D.
The places where the applicant has resided for a period
of three (3) years immediately prior to making the application.
E.
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.
G.
The address of the place of business.
H.
The experience an applicant has had as an auctioneer
or as a person engaged in the auction business.
I.
Whether the applicant has ever been convicted of a
crime.
J.
The place and the time that the applicant has been
so engaged as an auctioneer or in the auction business.
K.
The names of the persons or bonding company to furnish
the bond as hereinafter required.
L.
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.
A.
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.
B.
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:
A.
Willfully making any false promise or willful misrepresentation.
B.
Pursuing a flagrant and continued course of willful
misrepresentation or the making of a false promise through agents,
salesmen, advertisements or otherwise.
C.
Failure to account for or to pay over any moneys belonging
to others coming into possession of the licensee.
D.
Any conduct which demonstrates unworthiness, incompetency,
bad faith or dishonesty.
E.
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:
A.
The name and address of the person who employed him
to sell such goods at auction.
B.
The name and address of the person for whose benefit,
behalf or account such goods are to be sold at auction.
C.
The name and address of the person from whom such
auctioneer received or accepted such goods.
D.
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.
E.
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.
F.
The date of the receipt or acceptance by such auctioneer
of such goods for the purpose of sale at auction.
G.
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.
H.
The place, with street and number, if any, in which
such goods are to be sold or offered for sale at auction.
I.
A description of such goods, the quantity thereof
and the distinctive marks thereon, if any.
J.
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.
A.
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.[1]
B.
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.
A.
CASUAL SALES
GOODS
PERSON
As used in this Article, the following terms shall
have the meanings indicated:
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:
A.
The name of the person, firm, group, corporation,
association or organization conducting said casual sale.
B.
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.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
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.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
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:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
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.
D.
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.
