[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 3-16-1982 by Ord. No. 555-82 as Sec. 7-5 of the
1982 Revised General Ordinances (Ch. 117 of the 1993 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all persons who engage in the selling of goods at
public sale or auction to the highest bidder on commission or for
recompense, as well as those who sell their own goods at public sale
or auction to the highest bidder. The terms shall also be deemed to
include anyone who maintains a fixed place of business and who sells
personal property, goods, wares or merchandise by public outcry. The
terms shall further include one who sells merchandise or wares at
a fixed location and who publicly advertises auction, auction rooms,
auction sales or any other wording calculated to lead the people to
believe that an auction is being conducted at that place.
Every person, before obtaining a license to conduct an auction within the confines of the Township, shall file with the Clerk an application under oath which shall set forth the following, in addition to the requirements of § 249-2:
The annual license fee for the conducting of
an auction shall be the sum of $200. The fee shall not be prorated.
This chapter shall not be applicable to sales
conducted by trustees in bankruptcy, executors, administrators, receivers,
other public officers acting under judicial process or those who wish
to dispose of their real or personal property, provided that property
was not acquired primarily for resale.
A.
No auctioneer shall make any false, fraudulent or
misleading representation, either orally, in writing or by means of
advertisement, handbills or signs, as to the character, origin, condition
or value of any article offered for sale.
B.
No auctioneer conducting any auction sale under the
provisions of this chapter nor any person acting for him or her shall
make any bid, offer or tender of price for any article of goods, wares
or merchandise put up for sale at the auction.
C.
It shall be unlawful for any auctioneer to accept
anything other than bona fide bids; and auction sales are to be conducted
so as to dispose of merchandise to the highest bidder.
D.
It shall be unlawful to conduct an auction sale of
personal property, goods, wares or merchandise on any of the streets,
sidewalks or public property of the Township.
[Added 9-21-1993 by Ord. No. 923-93]
A bond to the municipality shall be required
by all auctioneers in an amount not to exceed $5,000, conditioned
as the governing body shall require.
[Added 9-21-1993 by Ord. No. 923-93]
For violation of any provision of this chapter, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, Article III. Each and every violation of any provision of this chapter shall be considered a separate violation and shall subject the person so charged to the maximum penalty.
