[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 2, of the Revised Ordinances of
1972. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A person who cries off, sells or exposes or offers for sale real
or personal property at public auction.
A public sale of real or personal property in which the price at
which the property offered for sale is sought to be increased by bids. For
the purposes of this chapter, the term "public auction" shall not include
Any auction conducted by or for the exclusive benefit of any bona fide
charitable, religious, educational or similar nonprofit organization.
Any auction conducted by a federal, state, county or municipal officer
or by any fiduciary or other person who is acting under the order of or who
is accountable to any court or who is acting in compliance with a requirement
of law.
[1]
Editor's Note: For statute authorizing municipalities to license and
regulate public auctions and auctioneers, see N.J.S.A. 40:52-1, Subdivision
i, and 40:52-2. For statute requiring auctioneers to keep books and records
and providing for municipal licensing of nonresidents to auction jewelry or
silverware, see N.J.S.A. 45:17-1.
No person shall, within the Borough, act as an auctioneer or maintain, use or advertise any premises as the place at which a public auction is or will be conducted unless he or she first applies for and obtains a license therefor in accordance with the provisions of this chapter and of Chapter 188, Licenses and Permits.
Upon receipt of an application for a license, the Borough Clerk shall
transmit copies thereof to the Chief Law Enforcement Officer, Chief of the
Fire Department, Construction Code Official and Health Officer, to investigate
the applicant and proposed licensed premises in accordance with their respective
jurisdictions and in accordance with such rules and regulations as may, from
time to time, be promulgated. They shall report back in writing to the Borough
Clerk their findings of fact and recommendations.
Each applicant shall post with the Borough a bond not exceeding five
thousand dollars ($5,000.) penal sum.