[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as Ch. 103 of the 1977 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes a person of either sex, any natural person or association of natural persons, association, partnership or corporation.
No person shall act as a public auctioneer or engage in the auction business, in whole or in part, or cause to be held any public auction or any public vendue in the Township of Pennsauken without first obtaining a license for so doing as hereinafter provided.
Contents of application. Application for such license shall be made in writing to the Township Committee, setting forth:
The name and address of the applicant and, if a corporation, the date and state of incorporation, the location of its registered office in New Jersey, the name of its registered agent and the names and residences of its officers, directors and stockholders.
The places where the applicant has resided for a period of three years immediately prior to making the application.
Whether any person, or persons or corporations, other than the applicant has any interest, directly or indirectly, in the license applied for or in the business to be conducted and, if so, stating the name and residence of such person or corporation having such interest and the extent of such interest.
Whether or not the applicant, either individual or corporate, or any member, officer, director or stockholder thereof, if such applicant is a partnership or corporation, has been convicted of a crime and, if so, the crime of which he or she has been convicted, the place of conviction, the date thereof and the punishment therefor.
The experience the applicant has had as an auctioneer or as a person engaged in the auction business.
The place or places and the date or dates that the applicant has been so engaged as an auctioneer or in the auction business.
The name of the bonding company to furnish the bond hereinafter required.
Photograph. Each applicant for a license to act as a public auctioneer or to engage in the auction business shall file with his or her application three photographs, approximately 1 1/2 inches by 1 1/2 inches, clearly depicting the facial features of the applicant, each of which photographs shall thereupon become the property of the Township and shall be retained with the application form unless the application shall be granted and the license issued, in which event one of such photographs shall be permanently affixed to the license issued to said applicant, one shall be retained by the Township Clerk and one shall be delivered to the Police Department. Each of said photographs shall be signed on the back thereof by the applicant and shall bear the date upon which they were taken, which date shall not be more than 30 days prior to the date of the application.
Verification. Every application for a license under this chapter shall be verified by the oath or affirmation of the applicant or applicants, if an individual or copartnership, and, if a corporation, shall be verified by the oath or affirmation of an officer thereof.
Ineligible persons. No license under this chapter shall be issued to:
An individual who is not a citizen of the United States or who has been convicted of a crime involving moral turpitude.
A copartnership, unless all the members thereof are citizens of the United States and none of whom have been convicted of a crime involving moral turpitude.
A corporation, unless each of the officers, directors and stockholders thereof is a citizen of the United States and none of whom have been convicted of a crime involving moral turpitude.
Bond. Before any license shall be issued under this chapter, the proposed licensee shall enter into a bond to the Township of Pennsauken in the penal sum of $5,000, with corporate surety duly authorized to do business under the laws of the State of New Jersey, said bond to be for the safety and protection of the property of the municipality and its inhabitants and conditioned for:
The due observance by said licensee, his or her servants, agents and employees of all ordinances of the Township of Pennsauken which are in effect or which hereafter may be enacted regulating the conduct or operation of the auction business or auctioneers.
The performance of all duties, the rendition of all accounts and the payment of all moneys required by law to be paid arising out of the conduct or operation of said auction business or of the business of acting as an auctioneer.
The payment to any person who shall be defrauded or who shall suffer loss by reason of the violation by such licensee, his or her servants, agents or employees of any of the provisions of this chapter or of any ordinance which hereafter may be enacted regulating the conduct or operation of the auction business or auctioneers.
The payment of any loss which shall be suffered by any person or persons by reason of the violation by such licensee, his or her servants, agents or employees of any of the laws of the State of New Jersey.
Term; transfers; refunds. Each license issued hereunder shall be valid only during the calendar year for which it is issued and shall expire on December 31 of each year. No license issued hereunder shall be transferable from one person to another, but a license to engage in the auction business may be transferred from one premises to another premises. No license fee shall be prorated for any portion of the year. Any license granted pursuant to the provisions of this chapter may be surrendered, but no refund of any portion of the license fee shall be made.
Display. All licenses issued pursuant to this chapter shall be posted in a conspicuous place on the premises wherein the auction business is being conducted or where the licensee is acting as a public auctioneer.
Fee. The annual license fee to engage in the auction business shall be the sum of $1,000 or the daily license to engage in the auction business shall be $35 per day, plus 1% of the total gross sales; and the license fee to act as a public auctioneer shall be the sum of $250 annually or $25 daily.
As to any applicant for a license under this chapter, the Police Department of the Township of Pennsauken shall, upon the initial application, conduct a full state background investigation. The appropriate police official shall report the results of such investigation to the Township Committee as soon as possible. With respect to subsequent renewals of the license, the Police Department shall conduct an investigation by name only for the purpose of the annual renewal of said application.
[Added 8-13-2008 by Ord. No. 08-24]
Every licensee engaging in the auction business shall keep books in which shall be described and inventoried, in a clear and legible manner, all goods received at the place of business of the licensee; the date of receipt; the name and address of the person, firm or corporation for whose account they are to be sold; the cost price to the licensee if purchased by him or her or consigned to him or her for purposes of sale; the names and addresses, when the same are obtainable, of all persons purchasing articles at the auction sale for the sum of $20 or more; the dates sold and the prices paid by said purchasers; and a description of each article so sold. Said books shall be open to inspection by the licensing authority or its duly authorized enforcement officers at all times.
Every article offered for sale by any licensee hereunder shall have securely attached thereto a tag or label upon which shall be plainly written or printed in the English language a true and correct statement of the kind and quality of the material or substance of which such article is made or composed.
If the said article is one of those commonly classed as jewelry or one commonly carried by persons engaged in the jewelry business, the tag or label shall state the percentage or carat of purity of such article.
If the article shall be plated or overlaid, the tag or label shall bear a true statement of the kind of plate and the percentage of purity thereof and the kind of material or metal under the plating.
If the article shall be one containing what are commonly known as precious, semiprecious, synthetic or imitation stones, then the true names, weight, quality and color of said stones must be shown on said tag or label.
If the articles are watches or clocks, the true name of the manufacture, the number of jewels and adjustments and the country of manufacture shall be shown on said tag or label.
If any of such articles or parts thereof are used or secondhand or old works in new cases, or if the removal or substitution of works or any part thereof has been made, such information must be noted on the tag or label, which in each and every case must remain on said article until after the same has been delivered and received by the customer.
It shall be unlawful for any auctioneer to accept anything other than bona fide bids, and said auction sales are to be so conducted as to dispose of merchandise to the highest bidder.
It shall be unlawful for any auctioneer, in describing goods that are being auctioned, to make, either directly or indirectly, by verbal or written statement or by advertisement, any false representation as to the character, quality, condition, value or ownership of said goods or to falsely represent that said goods are, in whole or in part, bankrupt or insolvent stock; or damaged goods; or goods the result of insurance, bankruptcy, mortgage foreclosure, insolvency, removal, loss or expiration of lease or closing-out sales; or as assignees', receivers' or trustees' sales; or as sales of goods distrained; or sales of goods damaged by fire, smoke or water, or to in any way or manner violate any of the provisions of the laws of the State of New Jersey in connection with the sale of said goods.
It shall be unlawful for any auctioneer or his or her servants, agents or employees to give, award, bestow or deliver any gift, prize or premium to any person or persons attending any auction sale, regardless of the manner or method used with respect thereto.
It shall be unlawful to switch, fob or exchange any article sold to a customer at public auction unless the article to be given in exchange shall be sold by public outcry at a regularly conducted auction sale.
It shall be unlawful to substitute another article for or in place of the article sold to the purchaser at any auction sale, and all articles being sold must at all times be kept within sight of the purchaser until delivered.
It shall be unlawful to sell watches or clocks with new cases but with old works, to remove or substitute works or any part thereof or to sell secondhand goods for new unless the auctioneer, before offering such articles for sale, shall clearly state such substitution or removal or that such articles are used or secondhand.
It shall be unlawful for an auctioneer at any time to refuse to identify the last bidder to a duly authorized enforcement officer of the Township.
It shall be unlawful for any person holding a license to engage in the auction business to use or employ an individual as an auctioneer if said auctioneer has not obtained an auctioneer's license as herein provided.
It shall be unlawful for any auctioneer to engage in what is commonly called "barking," "ballyhooing" or "ringing of bell" or to use any noisy device or entertainment for the purpose of attracting the attention of people passing the place where the auction is being conducted and to induce them to enter such place. No auctioneer shall cry or call bids or solicit business by any means whatsoever unless he or she is at least 15 feet inside the entrance to the place where such auction is being conducted.
It shall be unlawful for any auctioneer to use or employ, or permit the use or employment of, what are commonly called "cappers," "shills" or "fake bidders." It also shall be unlawful to sell what are known as "blind packages" or articles which cannot be seen by the bidders before bids are made.
It shall be unlawful to use window signs, posters or other forms of advertising which shall in any way misrepresent the source or quality of the merchandise to be sold, nor shall any window sign or window poster be displayed which shall have a surface greater than three square feet.
Public auction sales shall be held only between the hours of 9:00 a.m. and 10:00 p.m. local time.
This chapter is passed for the purpose of regulating public auctioneers and the auction business in said Township.
This chapter shall not apply to any sale held under a judicial order, judgment or decree or a writ issuing out of any court or any sale to enforce any lawful lien or power of sale, whether by judicial process or not, nor shall this chapter apply to the sale of any municipally owned real estate or any interest therein.
The Township Committee, after written charges and notice and hearing thereon, may revoke or suspend any license issued pursuant to this chapter if the licensee has been once convicted of a crime in this or any other jurisdiction or if the licensee, his or her servants, agents or employees, has committed any of the following acts in connection with the operations under any license issued hereunder:
Has pursued a flagrant and continued course of misrepresentation or the making of false promises.
Has failed to account for or to pay over any moneys coming into his or her possession and belonging to others.
Has evidenced conduct which demonstrates unworthiness, incompetency, bad faith or dishonesty.
Has failed to comply with any of the provisions of this chapter.
The office of the Construction Official shall be responsible for the enforcement of this chapter as amended.
[Amended 9-12-1984 by Ord. No. 84-26]
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,250 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge.