[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 75 of the 1993 Code. Amendments
noted where applicable.]
No personal property shall be sold at public or private auction in the
Township of Manalapan, County of Monmouth, except in compliance with the provisions
of this chapter. It shall be unlawful to sell or cause or permit to be sold
at auction any personal property in said Township unless such sale is conducted
by an individual who has applied for and obtained an auctioneer's license,
and the sponsor of said sale has likewise applied for and obtained a permit
to engage in the auction business.
All licenses and permits provided for in this chapter shall be authorized
by the governing body of this Township, but may be issued after such authorization
by the Township Clerk. All auctioneer's licenses granted pursuant to
the provisions of this chapter shall expire one year from the date of their
issuance. All permits to engage in the auction business shall expire on the
date provided for expiration on the face of the auction permit.
Any individual wishing to conduct or preside over an auction sale of
personal property within this Township shall obtain an application form from
the Township Clerk and complete said form with the following information:
A.
The name of the applicant.
B.
The residence address of the applicant.
C.
The business address of the applicant.
D.
A statement of whether or not the applicant holds or
has held an auctioneer's license or a license for an auction business
from any other municipality, governing body or licensing authority; a list
of such licenses and a statement of whether any state, municipality, governing
body or licensing authority has ever refused to issue or to renew an auctioneer's
license or a license to conduct to the applicant, together with a full and
accurate statement as to the reasons for any such refusal; a statement as
to whether any state, municipality, governing body or issuing authority has
ever revoked such a license held by the applicant, together with a full and
accurate statement as to the reason for any such revocation.
E.
A statement as to whether or not the applicant has ever
been convicted of any crime, disorderly persons offense or violation of any
municipal ordinance, and, if so, when, where, the nature of the offense and
the punishment or penalty assessed thereof.
F.
A photograph of the applicant taken within 60 days immediately
prior to the date of the filing of the application, which picture shall be
at least two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinct manner, except that the Township Clerk may waive this
requirement on renewal application.
Every application for an auctioneer's license shall be accompanied
by a bond letter stating that, if the license applied for is granted, the
surety will furnish a suitable, acceptable and approved bond to said Township
in the penal sum of $5,000, conditioned that the applicant, if granted an
auctioneer's license, will comply with all the provisions of this chapter
and any other legal ordinance or ordinances hereafter adopted by this municipality
during the licensed period; render true and strict accounts of all his sales
to any person or persons employing him to make the same; not practice any
fraud or deceit upon bidders or purchasers of property from him at any auction
sale or suffer or permit any person with his assistance to practice any fraud
or deceit; and pay all damages which may be sustained by any person by reason
of any fraud, deceit, negligence or other wrongful act on the part of the
licensee, his agent or employees in the conduct of any auction. The surety
company bond must be executed by the applicant or licensee as principal and
the proper officials of the surety company as surety and must bear the corporate
seal of the surety company and proof that the surety company is financially
sound and licensed to do business in the State of New Jersey.
The annual fee for an auctioneer's license, initial or renewal,
shall be $25. The initial fee shall be paid with the license application and
is not refundable.
A.
Any individual, partnership, corporation or other legal
entity that desires to engage in the auction business on any premises located
within this Township must first acquire an auction permit for such purpose.
The auction business shall be understood to include the following activities:
B.
All applications for permits to engage in the auction
business shall be distributed by the Township Clerk and, upon completion by
the applicant, shall contain the following information:
(1)
The name of the applicant.
(2)
The residence address of the applicant.
(3)
The business address of the applicant.
(4)
The location of the auction business.
(5)
Type of activity in which applicant will be engaged,
i.e., auction house, house sale or auction sale.
(6)
A statement of whether or not the applicant holds or
has held a license or permit or been denied a license or permit from any other
municipality, governing body or licensing authority, together with a full
and accurate statement as to the reasons for any such refusal; and a statement
as to whether any state, municipality, governing body or issuing authority
has ever revoked such a license or permit held by the applicant, together
with a full and accurate statement as to the reasons for any such revocation.
(7)
A statement as to whether or not the applicant has ever
been convicted of any crime, disorderly persons offense or violation of any
municipal ordinance, and, if so, when, where, the nature of the offense and
the punishment or penalty assessed therefor.
The permit fee, to be paid to the Township before any permit to engage
in the auction business shall be issued, is computed as follows: $10 for each
day that the applicant wishes to engage in the auction business, except that
the maximum annual fee to be paid by any one applicant for an auction business
at any one location shall be $100 per annum. This fee shall be paid with the
permit application and is not refundable.
Before issuing an auctioneer's license or a permit to engage in
the auction business to any entity applying for same, the municipality shall
refer the application to the Chief of Police, who shall cause to be made an
investigation of the applicant's moral character and business responsibility
as he deems necessary for the protection of the public good and shall report,
in writing, the result of his investigation concerning each applicant to the
Township Committee as expeditiously as possible, provided that the provisions
of this section may be waived by the Township Committee upon application for
renewal of a license or permit.
An auctioneer's license or a permit to engage in the auction business
may be revoked by the Township Committee, or an application for issuance or
renewal of such license may be denied by the Township Committee, as it determines,
after notice and hearing, that:
A.
The applicant, licensee or permit holder has violated
or has failed to abide by any of the provisions of this chapter.
B.
The applicant, licensee or permit holder is not an individual
of good moral character and business responsibility.
C.
The application of the applicant, licensee or permit
holder contains any false, fraudulent or misleading material statement.
D.
The applicant, licensee or permit holder has made any
false, fraudulent or misleading material statement in the course of maintaining
or operating an auction house, conducting a house sale or in offering for
sale at auction any personal property in the Township.
E.
The applicant, licensee or permit holder has perpetrated
a fraud upon any person, whether or not such fraud was perpetrated in the
conduct of an auction in the Township.
F.
The applicant, licensee or permit holder has violated
any of the statutes of the State of New Jersey relating to auctions or auctioneers.
G.
The applicant, licensee or permit holder has been convicted
of any crime or other offense involving moral turpitude.
H.
The applicant, licensee or permit holder has maintained
or operated an auction house, conducted a house sale or offered for sale at
auction any personal property in the Township in an unscrupulous manner or
in such a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
I.
The applicant, licensee or permit holder has engaged
in a practice of false advertising with respect to the quality, origin or
age of items to be offered for sale at any auction house, house sale or auction
sale.
Notice of the hearing hereinabove referred to shall be given, in writing,
to the applicant, licensee or permit holder, as the case may be. Such notice
shall be by certified mail to the applicant, licensee or permit holder, as
the case may be, at his last known address at least five days prior to the
date set for the hearing. The applicant, licensee or permit holder, as the
case may be, shall have the right to be represented at such hearing by counsel.
Such hearing shall be conducted by and in the presence of the Township Committee.
At said hearing, any party in interest may present witnesses, but the strict
rules of legal evidence need not be enforced in the conduct of said hearing.
No person except a licensed auctioneer duly licensed pursuant to this
chapter shall sell, or offer for sale, any goods or merchandise or personal
property in any manner similar to that of a public auction.
Each auctioneer shall, during the sale, cause his name and license or
permit number 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 permit issued hereunder for the purpose of engaging in the auction business at a specific location shall be transferred to another location unless a transfer fee of $10 (when the permit sought to be transferred was issued for a house sale or auction sale) or $15 (when the permit sought to be transferred was issued for an auction house) is paid to the Township. Applications for transfer must be made in the same form and manner as in the case of an original permit, and such application for transfer may be denied by the Township Committee, subject to the provisions of §§ 68-9 and 68-10 hereof.
The auctioneer's license and the permits to engage in the auction
business, issued pursuant to this chapter, are not interchangeable. Each is
separate and distinct. Each person who desires to engage in the auction business
on any premises located within this Township must obtain a permit, and each
auctioneer who works at a premises covered by a permit must be licensed.
No auctioneer's license may be transferred from one person to another,
and each auctioneer must be licensed individually and separately.
It shall be unlawful for any auctioneer to accept anything other than
bona fide bids, and such auction sales are to be conducted so as to dispose
of the property 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, misrepresent the goods or merchandise being auctioned.
It shall be unlawful for any auctioneer to use or employ, or permit
to be used or employed, what is commonly called a "capper" or "shill" or "fake
bidder."
It shall be unlawful to sell what are commonly known as "blind packages"
or articles which cannot be seen by bidders before bids are made.
No merchandise shall be sold at retail from a licensed auction premises.
It shall be unlawful for any auctioneer, permit holder or his agent
to use any sound or noise device in order to attract the attention of people
passing the place where any auction is being conducted so as to encourage
their entrance onto the premises.
No public auction house, house sale or auction sale shall be conducted
out of doors, except between the hours of 9:00 a.m. and 7:00 p.m. daily. A
public auction house, house sale or auction sale located in an enclosed building
may be conducted daily between the hours of 9:00 a.m. and 10:00 p.m.
No permit to engage in the auction business will be issued when the
operation of an auction house, house sale or auction sale at the premises
requested in the application would reasonably be expected to significantly
increase traffic hazards and/or be hazardous or dangerous to the safety, well-being,
comfort or health of the persons attending said auction house, house sale
or auction sale or the persons being or residing in the immediate vicinity
of said auction. It shall be unlawful to conduct an auction sale of personal
property on any of the streets, sidewalks or public property of this Township.
The provisions of this chapter shall not be applicable to auction sales
conducted by trustees or referees in bankruptcy, executors, administrators,
receivers or other public officers acting under judicial process.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, suffer a penalty of a fine not exceeding $200.
A charitable, governmental or nonprofit organization, such as a charitable
lodge, post, church, association, hospital or society operated for a nonprofit
purpose, shall not be required to obtain a permit to engage in the auction
business in accordance with the provisions of this chapter, and no individual
shall be required to obtain any auctioneer's license if such auctioneering
services are in conjunction with an auction sale conducted by a charitable
or nonprofit organization.
