As used in this article, the following terms shall have the meanings
indicated:
Any person selling or offering for sale for himself or for another
person at public auction, any goods, wares or merchandise, real or personal
property of any description except as hereinafter provided.
It shall be unlawful for any person to conduct or place before the public
any announcement that he conducts the business of auctioneer with the city,
or to sell or offer for sale or permit to be sold or disposed of at auction
within the corporate limits of the city any goods, wares or merchandise, real
or personal property of any description, without first having obtained and
paid for and having in full force and effect a license therefor as hereinafter
provided.
Nothing herein contained shall apply to judicial sales or sales by executors
or administrators, by assignees or their attorneys under deeds of assignment,
by lienors or by public officers engaged in the discharge of their official
duties as such; and further provided that any person may sell at auction his
own property on premises owned or occupied by him without a license, which
property was not purchased originally for purposes of resale only.
Every person desiring to procure a license as herein provided, shall
file with the City Clerk of the city a written application upon a blank form
prepared and furnished by the city. Such application shall be signed by the
applicant and shall contain:
A.
The name and business and residence address of the applicant.
B.
His previous employment.
C.
Whether he has ever been convicted of a misdemeanor or
a felony, and if so what offense, when and in what court.
D.
Whether he has either alone or with someone else ever
engaged in the business of auctioneer and if so when and where.
E.
The length of time for which the license is desired.
When an application is filed, an investigation shall be made by the
Police Department to ascertain whether the applicant is of good character
and repute. The Chief of Police shall furnish any information derived from
such investigation accompanied by recommendation as to whether a license should
be granted or refused.
A.
Such application shall be accompanied by a cash deposit
or payment bond with sufficient sureties in the sum of $2,500, which must
be approved by the City Attorney, and conditioned for the faithful observation
of the laws of the State of New York and this chapter and all other applicable
local laws, ordinances, rules and regulations of the city.
B.
Any person aggrieved by the action of the licensed auctioneer
shall have the right of action on the bond for the recovery of money or damages,
or both.
C.
The bond shall remain in full force and effect for a
period of 90 days after the expiration of the license.
Upon the filing of the application, bond and information as provided
in the previous sections, the City Manager may upon his approval of such application
and payment to the City Clerk of the license fee hereinafter provided, issue
to the applicant a license to engage in the business of auctioneering. No
license shall be refused except for a specific reason and for the protection
of the public safety, good order and morals. All licenses shall be numbered
in the order in which they are issued and shall state clearly the dates of
issuance and expiration of the license, the fee paid and the name and address
of the licensee. No applicant to whom a license has been refused shall make
further application until a period of at least three months has elapsed since
the last previous rejection, unless he can show that the reason for such rejection
no longer exists.
[Amended by Ord. No. 82-9, eff. 4-7-1982]
The license fee for an auctioneer shall be as follows: $100 a year,
or for a short-term license $25 per day; provided, however, that to any person
who maintains within the city an auction house and has and conducts a business
for the sale of household goods at auction a license may be issued for $20
a year. No license shall be used by any other person other than the original
licensee, and any holder of such license who permits it to be used by another
person and any person who uses such license granted to another person shall
be guilty of a violation of this article.
Any license issued under this article may be revoked by the City Manager,
after hearing at which the licensee is entitled to be heard and of which hearing
he has been given notice.
No auctioneer shall:
A.
Make any false representation as to the character, quality,
condition, previous history, value or ownership of any property offered for
sale.
B.
Substitute any other article for the article sold to
the bidder.
C.
Bid in any property offered for sale by himself, and
no person shall act as an accomplice or "capper" for the purpose of making
mock bids at any auction.
D.
Employ a bellman, crier, musical instrument, public address
system or other audible means of attracting the attention of passersby, other
than a sign or flag.
E.
Conduct any auction sale for a transient merchant or
other person, firm or corporation, who or which has not procured a license
required by law, or whose license has expired or been revoked.
F.
Refuse to exhibit his license to any police officer upon
demand at the place where an auction is being conducted.
G.
Receive for sale by auction or sell by auction any goods,
wares or merchandise from or to any minor, knowing him to be such.
H.
Sell or exhibit for sale at public auction within the
city any property upon any sidewalk or in any public street without the written
permission of the City Manager.
I.
Sell or expose for sale at auction any personal property,
goods, wares or merchandise between the hours of 10:00 p.m. and 8:00 a.m.
A license shall not be granted to any person who has been convicted
of violating the laws of the State of New York or any ordinance of the city
relating to auctions and auctioneers, or for fraud or deceit in the conduct
of auctions.
No person having a license granted under this article shall delegate
his license to any clerk, partner or person; but the privilege given shall
be personal to the person named in the license and shall be exercised by him
alone.
All licenses issued under this article shall expire on the last day
of December next after their issuance, except all short-term licenses shall
expire on the day specified therein.
