[HISTORY: Adopted by the Common Council of the City of Gloversville
8-10-1965 as Chapter 62 of the 1965 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 202.
As used in this chapter, the following terms shall have the meanings
indicated:
The owner of any goods, wares, merchandise or real or personal property
of any description to be sold by auction.
[1]Includes any person selling or offering for sale, for himself or
another, by auction any goods, wares, merchandise or real or personal property
of any description.
[2]Includes natural persons, partnerships and corporations.
Shall not include any sale pursuant to the judgment, decree or order
of any court, or any sale made by an executor or administrator, or any sale
of unredeemed goods made by or in behalf of a licensed pawnbroker, 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 resales pursuant to statute
of property taken under a conditional sales contract.
[4]No auctioneer and no person acting directly or indirectly through an
auctioneer within the City of Gloversville shall sell, dispose of or offer
for sale at a 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.
A.
It shall be unlawful for any person to sell any goods,
wares, merchandise or real or personal property of any description by auction
without first obtaining an auction license from the city clerk.
C.
By their application, the applicant and auctioneer consent
to a background check by city police, the Police Chief signing off upon the
satisfactory results of said check. The police and the Public Works Department
shall also review auction license applications for such public safety considerations
as traffic flow and patron parking.
In addition to the fees hereinafter stated or fixed by the Common Council,
upon application all the operators of any auction shall give a bond to the
city in a sum fixed by the Common Council not exceeding five thousand dollars
($5,000.) to indemnify the city against any damage to property.
A.
An auction license may be denied in the interests of
public safety, good order or on moral grounds.
B.
Any applicant or auctioneer whose criminal record contains
felony or misdemeanor convictions involving moral turpitude or a violation
of state law pertaining to auctions shall be considered ineligible for an
auction license.
[Amended 9-22-1987 by Ord.
No. 87-23[1]]
A licensee under this chapter shall, at all times during the conduct
of such public auctions, as shall be operated under license issued in accordance
with this chapter, allow an inspection to be made by an official of the city
for the purpose of ascertaining whether or not the goods which are being sold
comply with the representations made concerning said goods. Said inspection
shall be made during business hours.
[Amended 9-22-1987 by Ord.
No. 87-23[1]]
Fees associated with auctions shall be as follows:
No license granted under this chapter may permit such auction sale to
be held outdoors after 9:00 p.m. or indoors after 12:00 midnight and, in either
case, before 8:00 a.m.[2]
No auctioneer shall make any false representation as to the character,
quality, condition, previous history, value or ownership of any property offered
for sale.
No auctioneer shall substitute any other article for the article sold
to the bidder.
No auctioneer shall bid on any property offered for sale by himself,
and no person shall act as an accomplice, capper, booster or shiller for the
purpose of making mock or false bids at any auction.
No auctioneer shall refuse to exhibit his license to any police officer
upon demand at the place where an auction is being conducted.
A.
Every public auctioneer shall, upon the receipt or acceptance
by him of any goods for the purpose of sale at auction and before offering
the same or any part thereof for sale at auction, write or cause to be written
in a book to be kept by him for the purpose:
(1)
The name and address of the person who employed him to
sell such goods at auction.
(2)
The name and address of the person from whom such public
auctioneer received or accepted such goods.
(3)
The name and address of the person who was the owner
or the consignor of such goods immediately prior to the receipt or acceptance
for the purpose of sale at auction of the same by such public auctioneer.
(4)
The location, with street and number, if any, of such
goods immediately prior to the receipt or acceptance of the same by such public
auctioneer of such goods for the purpose of sale at auction.
(5)
The date of the receipt or acceptance by such public
auctioneer of such goods for the purpose of sale at auction.
(6)
The place, with street and number, if any, in which such
goods are to be held, kept or stored until sold or offered for sale at auction.
(7)
The place, with street and number, if any, in which such
goods are to be sold or offered for sale at auction.
(8)
A description of such goods, the quantity thereof and
the distinctive marks thereon, if any.
(9)
The terms and conditions upon which such public auctioneer
receives or accepts such goods for sale at auction.
B.
The expression "goods," as used in this section, signifies
any goods, wares, work of art, commodity, compound or thing, chattels, merchandise
or personal property which may be kept or offered for sale, but shall not
include goods damaged at sea or by fire and sold or to be sold for the benefit
of the owners, insurers or for the account of whom it may concern or goods
sold by virtue of judicial decree. Nothing in this section shall apply to
the sale of real property at auction.
Books required to be kept by this chapter and the entries therein, made
as provided in the preceding section, shall at all times be open to the inspection
of the Office of Consumer Protection, the Chief of Police and any person who
shall be duly authorized by either of them.
[Amended 9-22-1987 by Ord.
No. 87-23[1]]
A.
Whenever the Director of the Office of Consumer Protection
believes that sufficient cause exists for the revocation of a license, he
may, upon his own motion or upon complaint made by any person, revoke any
license granted under the provisions of this chapter; provided, however, that
when a license is revoked, the Director of the Office of Consumer Protection
shall notify the licensee in writing and give the reasons for such revocation.
B.
Whenever any license shall be so revoked, no refund of
any unearned portion thereof shall be made, and no license shall be granted
to any person whose license has been revoked in the discretion of the Director
of the Office of Consumer Protection within a period of one (1) year of the
date of such revocation.
C.
When a license is revoked as herein provided, the holder
shall surrender the same to the Director of the Office of Consumer Protection
or to his duly authorized agents or police officials.
[Added 6-24-1986 by L.L.
No. 5-1986[1]]
A.
Upon proper application and for good cause shown, the
Common Council, by resolution, may waive the requirements of this chapter
when an auction is being conducted by or for the benefit of a not-for-profit
corporation as defined by applicable New York state law.
B.
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 sales conducted for charitable purposes.
Any person violating any provision of this chapter may be punishable
by a fine of not less than fifty dollars ($50.) nor more than two hundred
fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15)
days, or both.
