[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook 9-26-1977 as L.L. No. 18-1977 as Ch. 14, Art. II, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 185.
Licenses — See Ch. 153.
Special sales — See Ch. 192.
Dealers in secondhand merchandise — See Ch. 195.
As used in this chapter, the following terms shall have the meanings indicated:
FRAUD
Any cunning, deception or artifice used to circumvent, cheat or deceive another.
MOCK AUCTION
Any transaction involving a person or persons who buy, sell or pretend to buy or sell goods, wares or merchandise which are exposed for sale by auction and an actual sale, purchase and change of ownership thereof does not thereupon take place.
VILLAGE
The Incorporated Village of Lynbrook.
VILLAGE BOARD
The Village Board of Trustees of the Village of Lynbrook.
VILLAGE CLERK
The Village Clerk of the Village of Lynbrook.
Personal property (goods, wares or merchandise) shall not be sold at auction in the Village of Lynbrook, except in compliance with the provisions of this chapter, and unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the Village Clerk.
A. 
The Village Clerk is hereby authorized to grant or renew an auctioneer's license, for a period of time not exceeding one year, to an individual applying therefor, on a form to be provided by the Village Clerk, upon payment of the prescribed fees and the filing of the prescribed bond by the applicant, pursuant to the provisions of this chapter.
B. 
Each auctioneer's license shall be issued as of the date of issuance and shall expire on December 31 immediately following such date, unless previously revoked, and there shall not be a reduction in fee for a fractional part of a year.
The form on which application to the Village Clerk shall be made for an auctioneer's license shall require the following information:
A. 
Name of applicant.
B. 
Residence and business address of applicant.
C. 
A statement as to whether or not the applicant holds, or has held, an auctioneer's license from any state, municipality, governing body or licensing authority, a list of such licenses and a statement of the time, place and by whom issued.
D. 
A statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a full and accurate statement as to the reasons for any such refusal.
E. 
A statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant, together with a full and accurate statement as to the reasons for any such revocation.
F. 
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance or local law and, if so, the nature of the offense and the punishment or penalty assessed therefor.
G. 
Photographs, in duplicate, of the applicant, taken within 60 days immediately prior to the date of the filing of the application, each measuring two by two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner. The Village Clerk may waive the submission of photographs in the case of renewal applications for an auctioneer's license where photographs were obtained in the original application.
H. 
The fingerprints of the applicant and the names of at least two reliable residents of the County of Nassau, State of New York, who will certify to the applicant's good moral character and business reputation. When the application form has been completed, the applicant shall present himself or herself to an officer of the Lynbrook Police Department to be fingerprinted. A copy of such fingerprints shall be sent to the Division of Criminal Justice Services, Albany, New York (hereinafter "DCJS"), requesting a fingerprint search, together with the fee required by the DCJS, in such form of payment as is acceptable to the DCJS, which fee shall be provided by the applicant. The DCJS reply shall be reviewed by the Chief of Police or member of the Police Department. No license shall be issued to a person who has been convicted of a felony or of any offense involving larceny, fraud or fraudulent practices.
[Amended 4-12-1993 by L.L. No. 4-1993; 7-18-1994 by L.L. No. 6-1994]
Before issuing an auctioneer's license to an applicant, the Village Clerk shall refer the application to the Lynbrook Police Department for a fingerprint investigation, and the Village Clerk shall institute his own investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. The Village Clerk may waive these requirements in an application for renewal of an auctioneer's license by an applicant holding an unexpired auctioneer's license pursuant to this chapter, where such fingerprint investigation and reinvestigation of the applicant's moral character were previously made.
An auctioneer's license may be revoked by the Village Clerk or an application for issuance or renewal thereof may be refused by him, if he determines:
A. 
The applicant or license holder is not an individual of good moral character and business responsibility.
B. 
The application contains any false, fraudulent or misleading material statement.
C. 
The applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any goods, wares or merchandise in the Village of Lynbrook.
D. 
The applicant or license holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the Village of Lynbrook.
E. 
The applicant or license holder has violated any of the statutes of the State of New York relating to auctions or auctioneers.
F. 
The applicant has been convicted of any crime or misdemeanor involving moral turpitude.
G. 
The applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property goods, wares or merchandise in the village in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
A. 
Any person who has been refused the issuance of an auctioneer's license or has had a previously issued auctioneer's license revoked or suspended or has been refused the issuance of a permit or has had a previously issued permit revoked or suspended by the action of the Village Clerk shall have the right to review the action of the Village Clerk as hereinafter provided:
(1) 
An application for such review shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Village Clerk was erroneous.
(2) 
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application by the Village Clerk has been mailed to him or delivered to him in person.
(3) 
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 72-8 hereof.
(4) 
At such hearing the Review Board shall consider the record upon which the Village Clerk based his determination and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
B. 
The Review Board, after such hearing, may affirm the action of the Village Clerk or direct the Village Clerk to issue a proper license pursuant to this chapter.
Whenever it shall be provided herein that a hearing shall or may be held in connection with an application, license or permit:
A. 
If an applicant, licensee or permit holder requests a hearing, the Mayor shall designate two or more members of the Village Board to conduct said hearing as a Review Board.
B. 
Such hearing shall be held on a date at a place and hour designated by the Chairman thereof.
C. 
The Village Clerk shall give notice thereof, stating the name and address of the applicant, licensee or permit holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant, licensee or permit holder concerned, at the address shown upon the most recent application of such applicant, licensee or permit holder at least 10 days prior to such hearing.
D. 
The applicant, licensee or permit holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
All witnesses shall be sworn and examined under oath.
The fees for an auctioneer's license shall be as follows:
A. 
An original or first application fee of $25 due at the time an application is made, which shall not apply to renewal applications.
B. 
An auctioneer's license fee of $100.
Every applicant for an auctioneer's license shall file with the Village Clerk a surety bond running to the village in the amount of $2,000 with a surety acceptable to and approved by the Village Clerk to warrant that said applicant, if issued an auctioneer's license, will comply fully with all of the provisions of this chapter and the statutes of the State of New York regulating and concerning auctions and auctioneers.
It shall be unlawful for any person, firm or corporation to conduct an auction in the village, whether the personal property (goods, wares or merchandise) to be sold at auction is owned by the auctioneer or not, without first having obtained a permit therefor as hereinafter provided.
Application for a permit to conduct an auction sale of personal property (goods, wares or merchandise) on either an annual or per diem basis shall be made to the Village Clerk on forms to be provided by him, upon which shall be stated the nature and quantity of goods to be sold, whether it shall be for an unlimited number of auctions during the calendar year or for a specific number of days, and the place or places said auction is to be held. The Village Clerk shall issue a permit based upon either an annual fee of $250 for an unlimited number of auctions conducted within the calendar year or upon a daily fee of $25 for each daily auction, upon his determination that there is good and sufficient reason for the issuance of the permit. These fees shall be in addition to, and not in lieu of, the fees and bonds prescribed for auctioneers.
A. 
The Village Clerk may deny the issuance or renewal of a permit or may revoke any outstanding permit if he deems that there is good and sufficient reason for the denial or revocation thereof. Any person aggrieved by the action of the Village Clerk in denying the issuance, renewal or revoking of any permit shall have the right to appeal pursuant to § 72-7 hereof.
B. 
An appeal may be taken pursuant to §§ 72-7 and 72-8 within 20 days of the receipt of written notice of the denial or revocation, mailed to the appellant's last known address, by filing with the Village Clerk a written notice of appeal and a statement setting forth fully the grounds of the appeal.
Any person may apply for a permit to conduct an auction, provided that the auction shall be conducted by an auctioneer duly licensed hereunder. Any licensed auctioneer who conducts an auction without benefit of a permit shall be subject to an immediate suspension or revocation of his auctioneer's license by the Village Clerk.
The auctioneer shall display in a conspicuous place, at the conduct of an auction sale, the auctioneer's license and permit hereunder and shall allow access to the place at which the auction is conducted to the Village Clerk or his designated representatives for an inspection of premises and the right of inspection of books and records pertaining to the auctioneer's transactions.
The provisions of this chapter shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process nor to the sale of real property at auction or sales by licensed pawnbrokers of unredeemed pledges or sales conducted under the auspices of religious or eleemosynary institutions.
A. 
Any auctioneer who shall have knowledge of any false or fraudulent representations or statements or who makes or causes any such statements to be made in respect to the character of any sale, the party authorizing same, or the quality, condition, ownership, situation or value of any property, real or personal, exposed, put up or offered by him for sale at public auction shall be deemed guilty of a violation and, upon conviction thereof, shall be punished by imprisonment not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment.
B. 
Any person who shall purchase any property at public auction in respect to which such false or fraudulent representation or statement to the knowledge of such auctioneer has been made may sue and recover from such auctioneer a penalty of $500 in addition to any damages sustained by him by reason of such statements or representations.
C. 
Any person who fails, neglects or refuses to obtain an auctioneer's license or a permit to conduct an auction as required herein shall be guilty of a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days for each such offense, or by both such fine and imprisonment.
D. 
The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.