[Amended 5-9-2013 by L.L.
No. 4-2013]
No person shall exercise the business or trade
of auctioneer or sell any property at public auction or outcry within
the Town of Owasco without first having obtained a license to act
as such auctioneer. Such license may be issued by the Town Clerk of
the Town of Owasco upon application, for a period of not more than
one year, upon payment of a fee of $50. Before any such license is
issued, the applicant shall file in the office of the Town Clerk a
duly approved bond in the sum of $1,000 to the effect that he shall
well, truly and honestly conduct such business as such auctioneer.
Said fee and bond may be adjusted by resolution of the Town Board.
No person procuring such license shall sell
any personal property at public auction at any time except between
the hours of 8:00 a.m. and 6:00 p.m.
Written notice of the time and place of each
sale to be held by a licensed auctioneer shall be given to the Town
Clerk at least 10 days before such sale.
The Town Board shall have authority at any time
to revoke any license issued by the Town Clerk if it appears that
such licensee is not well, truly, honestly and fairly conducting the
business of auctioneer and observing all laws and ordinances or is
an undesirable person or incapable of properly conducting the business
of auctioneer.
Nothing in this chapter, however, shall prevent
the Town Board of the Town of Owasco from issuing a permit to a person
residing in the Town of Owasco to sell or to employ an auctioneer
to sell at public auction, in his place of business or at his residence,
goods not purchased for the purpose of being sold at auction, for
such length of time not exceeding more than 10 days and between such
hours and upon payment of such fee as the Town Board may fix and determine,
and no license shall be deemed to be required for the sale of property
under a judgment, decree or order of any court or to close an estate
in the course of administrations.
This chapter shall not apply to auctions held
by or on behalf of recognized religious, charitable, educational,
recreational or civic organizations.
Any person who shall violate this chapter is
guilty of a violation and subject to punishment under the Penal Law
of the State of New York. Each week's continued violation of this
chapter shall constitute a separate additional violation.