[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
2-26-1959 as Ord. 8.4 of the 1959 Unified Code of Ordinances. Amendments noted
where applicable.]
No person shall engage in business as an auctioneer of personal property
or shall conduct an auction of personal property in the village without first
obtaining a license therefor.
[Amended 5-6-1991 by L.L.
No. 5-1991]
B.
A fee as adopted by resolution of the Board of Trustees[2] in addition to the basic fee, shall be due and payable for each
and every day during which a licensed auctioneer conducts an auction or acts
as an auctioneer. Such payment shall be made to the Village Treasurer at his
office on or before the next business day following such auction.
[2]
Editor's Note: Such fee is on file and available for inspection in
the office of the Village Clerk during regular office hours.
Nothing contained in this chapter shall be deemed to apply to an auction:
A.
Sale by a person of his own property.
B.
Directed to be conducted by the order of any court of
competent jurisdiction, by a referee or other appointee of the court or by
a public officer therein designated.
C.
Conducted for the benefit of a church, hospital, religious,
charitable, veteran's or fraternal organization, nonprofit membership corporation
or organization, civic association or for students' aid funds, provided that
the proceeds of the auction are to be devoted solely to the purposes of such
beneficiary.
D.
Conducted by or for the benefit of a municipal corporation.
[Amended 5-6-1991 by L.L.
No. 5-1991]
Before receiving a license hereunder, the applicant shall file with
the Village Treasurer a bond running to the village in the sum as adopted
by resolution of the Board of Trustees,[1] in form approved by the Village Attorney, with sureties approved
by the Village Treasurer, conditioned that he will faithfully perform his
duties as such auctioneer, will keep such accounts as are required by law
and will otherwise comply with the law and will faithfully comply with the
provisions of this chapter.
[1]
Editor's Note: Such bond amount is on file and available for inspection
in the office of the Village Clerk during regular office hours.
An auctioneer licensed hereunder:
A.
Where notice has not been given that the sale by auction
is subject to a right to bid on behalf of the seller, shall not employ or
induce any person to bid at such sale on behalf of the seller or knowingly
to take any bid from the seller or any person employed by him.
B.
Shall not knowingly make any false representations as
to the character, quality or ownership of any property offered for sale at
auction in the village.
C.
Shall at all reasonable times permit the Mayor of the village or any person thereto duly authorized by him, in writing, and who shall exhibit such authorization to the auctioneer, to inspect such auctioneer's records required to be kept by him by the provisions of § 81-6 of this chapter and to make extracts therefrom of copies thereof.
[Amended 5-6-1991 by L.L.
No. 5-1991]
[Added 5-6-1991 by L.L. No.
5-1991]
Every auctioneer or person engaged in the business of selling goods
at auction, 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 the 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, the authorized agent of
the owner or the consignor 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 and number, if any, of such goods immediately prior
to the receipt or acceptance of the 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 and
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; and the terms and conditions upon which such auctioneer receives or accepts
such goods for sale at auction. The expression "goods," as used in this section,
signifies any goods, wares, works of art, commodity, compound or thing, chattels,
merchandise or personal property which may be lawfully kept or offered for
sale but shall not include goods damaged at sea or by fire and sold or to
be sold for the benefit of the owners, insurers or for the account of whom
it may concern or goods sold by virtue of judicial decree. The word "person,"
as used in this section, includes a corporation, joint-stock association or
copartnership. Nothing herein shall apply to the sale of real property at
auction. The foregoing records shall be in addition to any other records required
to be kept pursuant to § 6-108 of the Uniform Commercial Code.
