[HISTORY: Adopted by the Town Board of the Town of Guilderland 6-11-1974 as Ch. 5 of the 1974 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings ascribed to them:
- GOODS, WARES AND CHATTELS
- Includes all commodities, compounds, chattels, merchandise, clocks, watches, jewelry and all other personal property, but shall not include used household furniture or furnishings, farm livestock or used farm machinery and equipment or real property.
- SALE AT PUBLIC AUCTION
- Does not include any sale pursuant to the judgment, decree or order of any court, or any sale made by an executor or administrator, or sales by public officers in the manner prescribed by law, or sales pursuant to statute to satisfy any lien upon the property sold, or resale pursuant to statute of property taken under a conditional sales contract.
No public auctioneer and no person acting directly or indirectly through a public auctioneer within the town shall sell, dispose of or offer for sale at public auction, or cause or permit to be sold, disposed of or offered for sale at public auction, any goods, wares and chattels except in compliance with the provisions of this chapter.
Any person intending to sell at public auction any goods, wares and chattels within the town shall make application to the Town Clerk for a permit to hold the sale at public auction and, at the time of making the application, shall pay a fee as set by resolution of the Town Board from time to time, which is hereby established as the uniform fee for the issuance of a permit. If such permit is granted, the sale may be conducted as provided in this chapter.
An application for a permit required by this chapter shall be in writing, shall be verified and shall be filed not more than 20 nor less than 10 days before the commencement of any auction sale. It shall set forth the name and address of the applicant, the name and address of the public auctioneer and the exact location of the premises in which it is proposed to conduct the sale.
There shall be attached to the application for a permit required by this chapter a written, sworn inventory showing in detail the quantity, quality, kind or grade of the goods, wares and chattels proposed to be sold and stating that no items or articles belonging to any person other than the applicant are included in the inventory. The affidavit to the inventory shall be made by the applicant if he is an individual or, if the applicant is a partnership, by one of the partners, or, if the applicant is a corporation, by the president, secretary, treasurer or general manager thereof.
It shall be unlawful for any auctioneer or any other person through an auctioneer to sell, dispose of or offer to sell or dispose of any goods, wares and chattels at a sale at public auction, which goods, wares and chattels have not been included and described in the inventory filed with the application for a permit required by this chapter to hold the sale.
The Town Clerk, before issuing a permit required by this chapter, shall have the right to personally examine the goods, wares and chattels specified in the inventory filed pursuant to this chapter, to determine whether the inventory correctly sets forth the items to be sold.
No permit shall be issued pursuant to this chapter to conduct a sale at public auction for a longer period than three consecutive days, Sundays and legal holidays excepted, at any one place in the town. A period of at least 365 days must have elapsed after the conclusion of any auction sale conducted after October 4, 1955, before another permit shall be issued to the same applicant or to any other person for a sale to be conducted at the same place.
No permit shall be issued pursuant to this chapter, and it shall be unlawful, for any public auctioneer or other person to conduct a sale at public auction in the town between the hours of 5:30 p.m. and 10:00 a.m.
It shall be unlawful for any public auctioneer or any other person to make a printed or oral statement concerning the goods, wares and chattels which are the subject of a sale at public auction, if the statement is false in any particular or has a tendency to mislead any person present, or to misrepresent the quality, quantity, character, condition, value or cost of any such goods, wares and chattels which are the subject of the sale at public auction.
For any violation of the provisions of this chapter, the Town Clerk may revoke any permit granted or issued pursuant to this chapter for the conduct of any sale at public auction and, if it appears to the Town Clerk that any sale at public auction does in fact defraud or may defraud bidders thereat, the permit to conduct a sale at public auction may be revoked, notwithstanding that any such violation be not specifically shown or proven to the Town Clerk.