As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
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.
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
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:
A. Has pursued a flagrant and continued course of misrepresentation
or the making of false promises.
B. Has failed to account for or to pay over any moneys
coming into his or her possession and belonging to others.
C. Has evidenced conduct which demonstrates unworthiness,
incompetency, bad faith or dishonesty.
D. 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.