[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddling, soliciting and hawking — See Ch. 391.
Special sales — See Ch. 413.
Signs — See Ch. 427.
[1]
Editor's Note: This ordinance repealed former Ch. 170, Auctions
and Auctioneering, adopted 11-27-1973 by Ord. No. 1378 as Ch. 45 of
the 1973 Code; amended in its entirety 9-12-1978 by Ord. No. 1778,
and subsequently amended.
No personal property shall be sold at public or private auction
in the Township of Toms River, County of Ocean, except in compliance
with the provisions of this chapter. It shall be unlawful to sell
or cause or permit to be sold at auction any personal property in
the said Township unless such sale is conducted by an individual who
has applied for and obtained an auctioneer's license, and the
sponsor of said sale has likewise applied for and obtained a permit
to engage in the auction business.
All licenses and permits provided for in this chapter shall
be authorized by the governing body of this Township but may be granted,
after such authorization, by the Township Clerk. All auctioneer's
licenses granted pursuant to the provisions of this chapter shall
expire one year from the date of their issuance. All permits to engage
in the auction business shall expire on the date provided for expiration
on the face of the auction permit.
Any individual wishing to conduct or preside over an auction
sale of personal property within this Township shall obtain an application
form from the Township Clerk and complete said form with the following
information:
A.
The name of the applicant.
B.
The residence address of the applicant.
C.
The business address of the applicant.
D.
A statement of whether or not the applicant holds or has held an
auctioneer's license or a license for an auction from any other
municipality, governing body or licensing authority; a list of such
licenses and a statement of the time, place and by whom issued; a
statement of whether any state, municipality, governing body or licensing
authority has ever refused to issue or to renew an auctioneer's
license or a license to conduct an auction to the applicant, together
with a full and accurate statement as to the reasons for any such
refusal; and a statement as to whether any state, municipality, governing
body or issuing authority has ever revoked such a license held by
the applicant, together with a full and accurate statement as to the
reasons for any such revocation.
E.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
and, if so, when, where, the nature of the offense and the punishment
or penalty assessed therefor.
F.
A photograph of the applicant taken within 60 days immediately prior
to the date of the filing of the application, which picture shall
be at least two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinct manner, except that said
Township may waive this requirement on renewal applications.
G.
A statement by the Toms River Township Police Department that the
applicant's fingerprints have been taken and recorded by that
Department, except that said Township may waive this requirement on
renewal applications.
Every application for an auctioneer's license shall be
accompanied by a bond letter stating that if the license applied for
is granted, the surety will furnish a suitable, acceptable and approved
bond to said Township in the penal sum of $5,000, conditioned that
the applicant, if granted an auctioneer's license, will comply
with all the provisions of this chapter and any other legal ordinance
or ordinances hereafter adopted by this municipality during the licensed
period; render true and strict accounts of all his or her sales to
any person or persons employing him or her to make the same; not practice
any fraud or deceit upon bidders or purchasers of property from him
or her at any auction sale or suffer or permit any person with his
or her assistance to practice any fraud or deceit; and pay all damages
which may be sustained by any person by reason of any fraud, deceit,
negligence or other wrongful act on the part of the licensee, his
or her agent or employees in the conduct of any auction. The surety
company bond must be executed by the applicant or licensee as principal
and the proper officials of the surety company as surety and must
bear the corporate seal of the surety company and proof that the surety
company is financially sound and licensed to do business in the State
of New Jersey.
The annual fee for an auctioneer's license shall be the
sum of $100.
A.
Any individual, partnership, corporation or other legal entity that
desires to engage in the auction business on any premises located
within this Township must first acquire an auction permit for such
purpose. The auction business shall be understood to include the following
activities:
B.
All applications for permits to engage in the auction business shall
be distributed by the Township Clerk and, upon completion by the applicant,
shall contain the following information:
(1)
The name of the applicant.
(2)
The residence address of the applicant.
(3)
The business address of the applicant.
(4)
The location of the auction business.
(5)
Type of activity in which the applicant will be engaged, i.e., auction
house, house sale, auction sale.
(6)
A statement of whether or not the applicant holds or has held a license
or permit from any other municipality, governing body or licensing
authority allowing the applicant to conduct an auction; a list of
such licenses or permits and a statement of the time, place and by
whom issued; a statement of whether any state, municipality, governing
body or licensing authority has ever refused to issue or to renew
a license or permit to conduct an auction to the applicant, together
with a full and accurate statement as to the reasons for any such
refusal; and a statement as to whether any state, municipality, governing
body or issuing authority has ever revoked such a license or permit
held by the applicant, together with a full and accurate statement
as to the reasons for any such revocation.
(7)
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
and, if so, when, where, the nature of the offense and the punishment
or penalty assessed therefor.
The permit fee to be paid to the Township, before any permit
to engage in the auction business shall be issued, is computed as
follows: $20 for each day that the applicant wishes to engage in the
auction business, except that the maximum annual fee to be paid by
any one applicant for an auction business at any one location shall
be $500.
Before issuing an auctioneer's license or a permit to engage
in the auction business to any entity applying for same, the municipality
shall refer the application to the Chief of Police who shall cause
to be made an investigation of the applicant's moral character
and business responsibility as he deems necessary for the protection
of the public good and shall report, in writing, the result of his
investigation concerning each applicant to the governing body of the
municipality as expeditiously as possible, provided that the provisions
of this section may be waived by the governing body upon applications
for renewal licenses.
An auctioneer's license or a permit to engage in the auction
business may be revoked by said Township, or an application for issuance
or renewal of such license may be revoked by said Township, as it
determines, after notice and hearing:
A.
That the applicant, licensee or permit holder has violated or has
failed to abide by any of the provisions of this chapter.
B.
That the applicant, licensee or permit holder is not an individual
of good moral character and business responsibility.
C.
That the application of the applicant, licensee or permit holder
contains any false, fraudulent or misleading material statement.
D.
That the applicant, licensee or permit holder has made any false,
fraudulent or misleading material statement in the course of maintaining
or operating an auction house, conducting a house sale or in offering
for sale at auction any personal property in said Township.
E.
That the applicant, licensee or permit holder has perpetrated a fraud
upon any person, whether or not such fraud was perpetrated in the
conduct of an auction in said Township.
F.
That the applicant, licensee or permit holder has violated any of
the statutes of the State of New Jersey relating to auctions or auctioneers.
G.
That the applicant, licensee or permit holder has been convicted
of any crime or misdemeanor involving moral turpitude.
H.
That the applicant, licensee or permit holder has maintained or operated
an auction house, conducted a house sale or offered for sale at auction
any personal property in said Township in an unscrupulous manner or
in such a manner as to constitute a breach of the peace or a menace
to the health, safety or general welfare of the public.
I.
That the applicant, licensee or permit holder has engaged in a practice
of false advertising with respect to the quality, origin or age of
items to be offered for sale at any auction house, house sale or auction
sale.
Notice of hearing hereinabove referred to shall be given, in
writing, to the applicant, licensee or permit holder, as the case
may be. Such notice shall be by certified mail to the applicant, licensee
or permit holder, as the case may be, at his last known address at
least five days prior to the date set for the hearing. The applicant,
licensee or permit holder, as the case may be, shall have the right
to be represented at such hearing by counsel. Such hearing shall be
conducted by and in the presence of the governing body of said Township.
At said hearing any party in interest may present witnesses, but the
strict rules of legal evidence need not be enforced in the conduct
of said hearing.
No person, except a licensed auctioneer duly licensed pursuant
to this chapter, shall sell or offer for sale any goods or merchandise
or personal property in any manner similar to that of a public auction
or by public outcry, even though no competitive bids are solicited.
Each auctioneer shall, during the sale, cause his name to be
conspicuously displayed on a sign at the place where he shall conduct
an auction sale, and only the name of the licensed auctioneer actually
selling at the sale shall be displayed on or about the premises.
No permit issued hereunder for the purpose of engaging in the
auction business at a specific location shall be transferred to another
location unless a transfer fee of $10 (when the permit sought to be
transferred was issued for a house sale or auction sale) or $50 (when
the permit sought to be transferred was issued for an auction house)
is paid to the Township. Application for transfer must be made in
the same form and manner as in the case of an original permit, and
such application for transfer may be denied by the Township Council.
The auctioneer's license and the permits to engage in the
auction business, issued pursuant to this chapter, are not interchangeable.
Each is separate and distinct. Each person who desires to engage in
the auction business on any premises located within this Township
must obtain a permit, and each auctioneer who works at a premises
covered by a permit must be licensed.
No auctioneer's license may be transferred from one person
to another, and each auctioneer must be licensed individually and
separately.
It shall be unlawful for any auctioneer to accept anything other
than bona fide bids, and such auction sales are to be conducted so
as to dispose of merchandise to the highest bidder, unless terms otherwise
are publicly announced immediately before the sale.
It shall be unlawful for any auctioneer, in describing goods
or merchandise that are being auctioned, to directly or indirectly,
either by act of commission or omission, misrepresent the goods or
merchandise being auctioned.
It shall be unlawful for any auctioneer to use or employ, or
permit to be used or employed, what is commonly called a "capper"
or "shill" or "fake bidder."
It shall be unlawful to sell what are commonly known as "blind
packages" or articles which cannot be seen by bidders before bids
are made.
It shall be unlawful for any auctioneer, permit holder or his
agent to use any sound or noise device in order to attract the attention
of people passing the place where any auction is being conducted so
as to encourage their entrance onto the premises.
No public auction house, house sale or auction sale shall be
conducted out of doors, except between the hours of 9:00 a.m. and
7:00 p.m. daily. A public auction house, house sale or auction sale
located in an enclosed building may be conducted daily between the
hours of 9:00 a.m. and 10:00 p.m.
No permit to engage in the auction business will be issued when
the operation of an auction house, house sale or auction sale at the
premises requested in the application would reasonably be expected
to significantly increase traffic hazards and/or be hazardous or dangerous
to the safety, well-being, comfort or health of the persons attending
said auction house, house sale or auction sale or the persons being
or residing in the immediate vicinity of said auction. It shall be
unlawful to conduct an auction sale of personal property on any of
the streets, sidewalks or public property of this Township.
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.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, suffer a penalty of a fine not exceeding
$50 or imprisonment in the county jail for a term of not exceeding
10 days, or both, at the discretion of the Municipal Court Judge before
whom such conviction is had. Each such violation shall constitute
a separate offense and shall be punishable as such hereunder.
A charitable organization, such as a charitable lodge, post,
group, church, association, hospital or society operated for a nonprofit
purpose, shall not be required to obtain a permit to engage in the
auction business in accordance with the provisions of this chapter,
and no individual shall be required to obtain an auctioneer's
license if the individual will receive no form of reimbursement, fee
or salary for his services, and such auctioneering services are in
conjunction with an auction sale conducted by a charitable or nonprofit
organization.
