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.
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.
[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 of the City of Port Jervis.
[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.
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.
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]
B. Each license shall expire on the 31st day of January
in each year.
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.