[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 3-23-1955. §§ 53-4 and 53-11
amended 9-8-1971 by Ord. No. 13-0-71 (See Ch. 1, General Provisions).
Other amendments noted where applicable.]
The purposes of this chapter are to promote
the health, welfare and good government of the inhabitants of the
Borough of Wanaque, in the County of Passaic, to protect the public
against fraud at public auction sales and to fix fees for the licensing
of auctioneers and public auctions.
For the purposes of this chapter, the following
definitions are hereby fixed:
All persons, firms and corporations who engage in the sale
of goods, wares and merchandise, at sale or auction, to the highest
bidder or to others at prices fixed by bid.
The sale of goods, wares and merchandise to the highest bidder
or to others at prices fixed by bid.
It shall be unlawful for any person, firm or
corporation to act as auctioneer or to conduct public auctions or
to conduct sales based on bidding in the Borough of Wanaque, in the
County of Passaic, without first applying for and obtaining a license
so to do from the Mayor and Council of the Borough of Wanaque, in
the County of Passaic, in the manner hereinafter provided. All such
licensees shall fully comply with the Health Code of the Borough of
Wanaque, in the County of Passaic, and as prescribed in the Revised
Statutes of New Jersey and all regularly adopted ordinances of the
Borough of Wanaque, in the County of Passaic, and the laws of the
State of New Jersey.
A.
The applicant shall make application in writing and
under oath on a form provided by and filed with the Borough Clerk,
together with a fee of $500. The application shall set forth the following:
(1)
Full name of the applicant.
(2)
Residence and mailing address of the applicant.
(3)
Place in the borough wherein the business is intended
to be conducted.
(4)
Places where the applicant has resided for two years
immediately prior to making application.
(5)
If the applicant is a corporation, the location of
the registered office in this state and the name of the registered
agent.
(6)
Whether the applicant or any of its stockholders or
officers have ever been convicted of a crime.
(7)
Experience that the applicant has had as an auctioneer
or as a person engaged in the auction business.
(8)
Place or places, and the time, that the applicant
has been so engaged in the auction business.
(9)
Name of bonding company to furnish bond as hereinafter
required.
(10)
Three business references who shall not in anywise
be related to the applicant.
(11)
Evidence of compliance with all state requirements
relating to auction fees and auctioneers.
B.
The applicant shall also file with the application
a certificate of the Fire Chief that the premises proposed to be licensed
has sufficient exits, fire escapes and other facilities to reasonably
provide adequate and sufficient protection from fire and other sources
of danger to the persons attending said place of business.
C.
Together with said application and fee, the applicant
shall deliver to the Borough Clerk a bond in the amount of $500 to
the Borough of Wanaque, in the County of Passaic, and to the inhabitants
thereof, protecting them against fraud or damage arising out of the
conduct of said auction or sale for which a license is issued, or
any portion thereof.
D.
The Chief of Police shall investigate or cause to
be investigated each application filed. He shall report the results
of his investigation to the Mayor and Council who shall, after due
consideration, have the power to grant or refuse a license.
A.
Upon the filing of subject application accompanied
by the fee, it shall be the duty of the Borough Clerk forthwith to
advise the Board of Health of the application for such license. The
licensee shall be required to provide a reasonable amount of off-street
parking facilities for the use of patrons, and shall also provide
and bear the expense for special police appointed by the Mayor and
Council, the number of which shall be determined by the Chief of Police
based upon the extent of traffic and number of patrons. All licenses
to conduct public auctions or sales shall expire at midnight on December
29 succeeding the date of the issuance thereof. The fee of $500 shall
be per annum, and shall not be prorated for any part or portion of
the year. In addition to the aforesaid license fee, the following
fees shall be payable weekly on each and every Monday to the Borough
Clerk, starting immediately upon the adoption of this chapter in the
manner prescribed by law: $10 for each concession or concessionaire
for each night of operation, provided that said concession or concessionaire
is operating his particular enterprise as a unit in the premises of
the licensee, whether in the open or under shelter.
B.
Each licensee shall keep records of each concession
or concessionaires in his auction, containing the name and address,
the dates of operation of business and payment of the fees enumerated
above. Each Monday the licensee shall submit a written, signed statement,
indicating the number of concessions or concessionaires for which
space was rented the previous week, and the number of nights or days
of operation of each. Such records shall, at all reasonable times,
be open to the inspection of the Chief of Police of the borough and
to any person who shall be duly authorized, in writing, for that purpose
by the Mayor and Council.
Any license granted under this chapter shall
not be transferable.
No public auction sale shall be open for business
or conducted in the Borough of Wanaque, in the County of Passaic,
on any Sunday or holiday. No such sale shall be conducted on any other
day not a Sunday or holiday between the hours of 11:30 p.m. and 12:00
noon, prevailing time.
The Board of Health is directed and empowered
to enforce the Health Code and Ordinance of the Borough of Wanaque,
in the County of Passaic, and the health regulations prescribed by
the Revised Statutes of New Jersey and of the State Board of Health,
and from time to time shall determine the adequacy of the sanitary
facilities on the premises of the licensee, and shall report to the
Mayor and Council such violations as it may find to exist.
Any license granted hereunder shall be subject
to revocation or suspension by the Mayor and Council in the following
manner, to wit: Notice shall be served upon the person, firm or corporation
holding such license, specifying wherein there has been a failure
to comply with the requirements of this chapter or any rules or regulations
which may have been adopted by the borough for the conduct of public
auction sales, and requiring appearance of the licensee before the
Mayor and Council at a day and hour therein specified, not less than
five days after personal service of said notice to such licensee,
or by registered letter directed to the address furnished on the application
for such license, requiring such licensee to show cause why said license
should not be revoked or suspended. At the time and place mentioned
in said notice, the person, firm or corporation holding such license
shall have the right to appear and introduce such evidence as said
person, firm or corporation may desire, and the Mayor and Council
may desire, after confronting the licensee with any charges that may
have been preferred, at its discretion, to revoke or suspend the license.
Auction sales under any court order, private
single sales and those conducted under the auspices of religious,
veterans', charitable and civic organizations, are hereby excluded
from the terms of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter or said rules and regulations, or
contributing in any way to the violation thereof, shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment
in the county jail not exceeding 90 days, or by both such fine and
imprisonment, at the discretion of the Municipal Judge of the Borough
of Wanaque, in the County of Passaic.
