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City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[HISTORY: Adopted by the Common Council of the City of Port Jervis 7-27-1964 as part of Ch. 16, Art. II of the 1964 Code of Ordinances (Ch. 58 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Charter reference — See § C4-13K.
Pawnbrokers — See Ch. 394.
Peddling and soliciting — See Ch. 403.
It shall be unlawful for any person, by himself or by any servant or agent, to sell or offer for sale or cause or permit to be sold or disposed of at auction within the corporate limits of the City any goods, wares, merchandise, real estate and personal property without first having obtained and paid for and having in full force and effect a license therefor as herein provided.
As used in this chapter, the following terms shall have the meanings indicated:
AUCTIONEER
Any person selling or offering for sale for another or for himself at public auction any goods, wares, merchandise, real estate or personal property of any description, except as hereinafter provided.
SELLING AT AUCTION; AUCTION
Includes the offering for sale or selling of goods, wares, merchandise, real estate and personal property to the highest bidder, or offering for sale or selling of such property by the method known as "downhill selling," by which is meant the first offering of any article at a higher price and then offering the same at successive lower prices.
A. 
Section 220-1 shall not apply to auction sales of goods, wares and merchandise in job lots or at wholesale, of real estate, household goods, cattle and horses.
B. 
Nothing herein contained shall apply to judicial sales or sales by executors or administrators, by trustees under deed of assignment, by lienors or by public officers in the manner prescribed by law, or to sales by local religious, educational, musical or charitable associations.
A. 
Required. Every person desiring to procure a license as herein provided shall file with the Mayor, at least 10 days prior to the opening of an auction sale, a written application upon a blank form prepared and furnished by the City.
B. 
Contents. Such application shall contain the names and residences of the applicant, if an individual, partnership or firm, or the names and residences of the principal officers, if the applicant is an association or corporation; the nature and character of the property proposed to be sold at such sale; the dates and the hours of each day such sale is to be held; the length of time such applicant has resided in the City; the length of time such applicant has been in business in the City and the street and number where his business is now located; the address, street and number of the proposed place of sale; the name or names of the auctioneers to be employed; the length of time for which the license is desired; and such further pertinent information as the Mayor may request.
C. 
Execution. Such application shall be signed and acknowledged by the applicant before a notary public or other official authorized to administer oaths in the City.
The application described in § 220-4 shall be accompanied by a bond to the City, approved as to form and manner of execution by the Corporation Counsel, in the penal sum as set by the Common Council from time to time, with sufficient surety or sureties or sufficient collateral security to be approved by the Mayor, conditioned for the faithful observance of the laws of the State of New York and the ordinances of the City now or hereafter enacted relative to auctions. Such bond shall be kept in full force and effect during the entire period for which the license is granted and for six months thereafter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Upon the filing of the application and bond as provided in §§ 220-4 and 220-5, the Mayor may, upon his approval of such application and subject to the limitations and restrictions and the payment to the City of the license fee hereinafter provided, issue to the applicant a license to conduct an auction. 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 street and number at which the auction is to be held or conducted, the fee paid and the name and address of the licensee.
B. 
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
A. 
Fee. The license fee shall be as provided in Chapter 280, Fees.
[Amended 9-28-1981 by L.L. No. 4-1981; 7-27-1992 by L.L. No. 5-1992; 2-26-2007 by L.L. No. 2-2007]
B. 
Exemption. Nonprofit charitable organizations shall be exempt from the license fee requirement, but shall comply with all other provisions of this chapter.
[Added 9-28-1981 by L.L. No. 4-1981]
C. 
Use of license. No license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by another and any person who uses such license granted to another person shall be guilty of a violation of this article.
D. 
Duplicate license. Whenever a license shall be lost or destroyed without fault on the part of the holder, a duplicate license in lieu thereof under the original application and bond may be issued by the Mayor, in his discretion, upon the filing with him of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
E. 
Destroying or defacing license. No person shall destroy, deface or injure a license in any manner or change the name, numbers or dates thereon.
A. 
Authority, effect. The Mayor may at any time for such reasonable cause as he, upon investigation, deems sufficient, revoke any license granted under the provisions of this article. Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked, in the discretion of the Mayor, within a period of two years from the date of such revocation.
B. 
Notice. Notice of revocation and the reason or reasons therefor in writing shall be served by the Mayor upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of the same with the City Clerk-Treasurer.
[Amended 7-15-1970; 9-23-1996 by L.L. No. 16-1996]
Except as hereinafter provided, it shall be unlawful to sell or expose for sale at auction any personal property, goods, wares, antiques or merchandise between the hours of 10:00 p.m. and 8:00 a.m. No auction shall be conducted between the hours of 10:00 p.m. Saturday and 12:00 midnight Sunday.
[Amended 7-15-1970; 9-23-1996 by L.L. No. 16-1996; 1-11-2010 by L.L. No. 1-2010]
The sale of any goods at auction, as defined above in § 220-2, shall be in premises approved by the various City departments having jurisdiction thereover, including but not limited to the Building Official, Fire Inspector and Electrical Inspector, and such sale shall be conducted in such area in the City of Port Jervis where retail sales are permitted in accordance with the Zoning Ordinance[1] of the City of Port Jervis.
[1]
Editor's Note: See Ch. 535, Zoning.
A. 
Generally. No person shall, by auction, dispose of any goods, wares or merchandise, real estate or personal property at any time:
(1) 
Except through the medium of an auctioneer licensed to conduct such business.
(2) 
In any street or public place.
(3) 
To any person who, at the time of bidding for or while examining the same, shall be on the sidewalk or roadway of any street.
B. 
False representations. It shall be unlawful for any person to sell or offer or advertise for sale any goods, wares or merchandise at auction, falsely representing or pretending that such property is in whole or in part a bankrupt or insolvent stock, damaged goods or goods saved from fire, or to make any false statement as to the purchase, history or character of such property.
C. 
Promise to give jewelry. No person shall sell any goods, wares or merchandise at public auction with the understanding that the purchaser thereof shall receive gratis or as a part consideration any article of jewelry.
A. 
Contents of statement. It shall be unlawful for any person to sell or offer for sale at auction any diamonds or other precious or semiprecious stones or imitations thereof, watches, clocks, jewelry or glassware unless there be securely attached to each of such articles a tag or label upon which there shall be plainly written or printed in English a true and correct statement of the kind and quality of the metal of which such article is made or composed and the percentage or karat or purety of such metal. If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate and the percentage of purety of such plating and the kind of material of metal covered. When precious or semiprecious stones are offered for sale or sold by auction, such written statement shall set forth the true name, weight, quality and fineness of such stone, and imitations shall be described as such. When watches and clocks are sold, the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trademarks, neither shall secondhand or old movements be offered for sale in new cases, without a true statement to that effect.
B. 
Disposition; effect. Such tag or label shall remain securely attached to any such article or merchandise, shall be delivered to the purchaser as a true and correct description and representation of the articles sold and shall be deemed prima facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such articles sold.
[Amended 9-28-1981 by L.L. No. 4-1981]
Any person who, himself or by his clerk, agent or employee, shall sell or offer for sale or cause or permit to be sold or disposed of at auction any goods, wares, merchandise, real estate or personal property without a license, or who shall commit an offense against any of the provisions of this article, or who, having had his license revoked, shall continue to conduct an auction, shall, upon conviction thereof, be punishable as provided in the general penalty provisions of the City of Port Jervis; see Chapter 1, General Provisions, Article I. Each day on which such offense continues shall constitute a separate violation. In addition to the penalty imposed, the license of the person violating the same shall be canceled or revoked and the bond upon such license shall be forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the City and the amount thereof may be recovered in a civil action based upon such forfeiture.
It shall be unlawful for any person to conduct or to represent or circulate or place before the public any announcement that he conducts the business of an auctioneer without first having obtained and paid for and having in full force and effect an auctioneer's license therefor as hereinafter provided.
Nothing herein contained shall apply to judicial sales or sales by executors or administrators, by trustees under deed of assignment, by lienors or by public officers in the manner prescribed by law.
A. 
Contents. Every person desiring to procure an auctioneer's license as herein provided shall file with the Mayor a written application upon a blank form prepared and furnished by the City. Such application shall contain the name and business and residence addresses of the applicant; the length of time such applicant has resided in the City; his previous employment and where; whether married or single; whether he has ever been convicted of a misdemeanor or felony, and if so, what offense, when and in what court; whether he has, either alone or with someone else, ever engaged in the business of auctioneer, and if so, when and where; and the length of time for which the license is desired.
B. 
Execution. Such application shall be signed and acknowledged before a notary public or other official authorized to administer oaths in the City.
When an application is filed, the Mayor shall cause an investigation to be made by the Police Department to ascertain whether the applicant is of good character and repute. The Chief of Police shall furnish to the Mayor, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
Such application shall be accompanied by a bond to the City, approved as to form and manner of execution by the Corporation Counsel, in the penal sum as set by the Common Council from time to time, with at least two sufficient sureties approved by the Mayor, conditioned that the applicant will faithfully perform his duties as such auctioneer as required by law and ordinances now or hereafter enacted and render such accounts and pay such duties as may be required of him by law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Upon the filing of the application, bond and information as provided in the previous sections, the Mayor may, upon his approval of such application and the payment to the City of the license fee hereinafter provided, issue to the applicant a license to engage in the business as provided in § 220-14. No auctioneer's 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 business address of the licensee.
B. 
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
A license shall not be granted to any person who has been convicted of violating the laws of the State of New York or ordinances of the City relating to auctions and auctioneers or of fraud or deceit in the conduct of auctions.
No person having an auctioneer's license granted under this article shall delegate his power 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.
[Amended 9-28-1981 by L.L. No. 4-1981]
A. 
The license fee for an auctioneer shall be as provided in Chapter 280, Fees.
[Amended 7-27-1992 by L.L. No. 5-1992[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Each license shall expire on the 31st day of January in each year.
A. 
Nontransferable. No auctioneer's license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by another and any person who uses such license granted to another person shall be guilty of a violation of this article.
B. 
Duplicate license. Whenever a license shall be lost or destroyed without fault on the part of the holder, a duplicate license in lieu thereof under the original application and bond may be issued by the Mayor, in his discretion, upon the filing with him of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
C. 
Destroying or defacing license. No person shall destroy, deface or injure a license in any manner or change the name, numbers or dates thereon.
No auctioneer shall do the following:
A. 
False representations. Make any false representations as to the character, quality, condition, previous history, value or ownership of any property offered for sale.
B. 
Substitutions. Substitute any other article for the article sold to the bidder.
C. 
Bidding. 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. 
Noises. Employ a bellman, crier, instrument of music or means of attracting the attention of passersby other than a sign or flag which shall bear the license number.
E. 
Sales for unlicensed merchants. Conduct any auction sale for a transient merchant or other person who or which has not procured a license required by law or ordinance or whose license has expired or been revoked.
F. 
Exhibit of license. Refuse to exhibit his license to any police officer upon demand at the place where an auction is being conducted.
G. 
Sales to or for minors. Receive for sale by auction or sell by auction any goods, wares or merchandise from or to any minor, knowing him to be such.
A. 
Authority; effect. The Mayor may at any time for such cause as he, upon investigation, deems sufficient, revoke any auctioneer's license granted under the provisions of this article. Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked, in the discretion of the Mayor, within a period of two years from the date of such revocation.
B. 
Notice. Notice of revocation and the reason or reasons therefor in writing shall be served by the Mayor upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of such with the City Clerk-Treasurer
A. 
Contents; applicability. Every auctioneer 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; 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 or insurers or for the account of whom it may concern or goods sold by virtue of judicial decree. Nothing in this section shall apply to the sale of real property at auction.
B. 
Availability for inspection. Such book and the entries therein made as provided in Subsection A shall, at all reasonable times, be open to the inspection of the Mayor, the Chief of Police and the District Attorney and any person who shall be duly authorized in writing for that purpose by any or either of them and who shall exhibit such written authorization to such auctioneer.