[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981
by L.L. No. 1-1981 as Ch. 16, Arts. IV and X, of the 1981 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person selling or offering for sale for another or for himself
or herself at public auction any goods, wares, merchandise, real estate or
personal property of any description, except as hereinafter otherwise provided.
A.
Prior to soliciting business. It shall be unlawful for
any person to conduct or to represent, circulate or place before the public
any announcement that he or she conducts the business of an auctioneer without
first having obtained and paid for and having in full force and effect a license
therefor as hereinafter provided.
B.
Exceptions. Nothing herein contained shall apply to judicial
sales, or to sales by executors or administrators, by trustees under deed
of assignment, by lienors or by public officers in the manner prescribed by
law.
A.
Contents. Every person desiring to procure a license,
as herein provided, shall file with the Glen Cove Police Department a written
application upon a blank form prepared and furnished by the City. Such application
shall contain:
[Amended 8-24-2004]
(1)
The name and business and residence addresses of the
applicant.
(2)
The length of time such applicant has resided in the
City.
(3)
His or her previous employment and where.
(4)
Whether he or she has ever been convicted of a misdemeanor
or felony, and, if so, what offense, when and in what court.
(5)
Whether he or she has, either alone or with someone else,
ever engaged in the business of auctioneer, and, if so, when and where.
(6)
The length of time for which the license is desired.
B.
Execution. Such application shall be signed and acknowledged
before a notary public or other official authorized to administer oaths in
the City.
C.
Investigation of application. When an application is
filed, the Chief of Police shall refer the application to the Police Department
to make an investigation to ascertain whether the applicant is of good character
and repute. The officer assigned shall furnish to the Chief of Police, in
writing, the information derived from such investigation, accompanied by a
recommendation as to whether a license should be granted or refused.
D.
Bond. An application for a license hereunder shall be
accompanied by a bond to the City, approved as to form and manner of execution
by the City Attorney, in the penal sum of $1,000, with at least two sufficient
sureties approved by the City Attorney, conditioned that he or she will faithfully
perform his or her duties as such auctioneer as required by law and ordinances
now or hereafter enacted, and will render such accounts and pay such duties
as may be required of him or her by law.
E.
Disqualifications. A license shall not be granted to
any person who has been convicted of violating the laws of the State of New
York or laws or ordinances of the City relating to auctions and auctioneers
or for fraud or deceit in the conduct of auctions.
A.
Authority of Chief of Police. Upon the filing of the application, bond and information as provided in this chapter, the Chief of Police may, upon his or her approval of such application and the payment to the City of the license fee hereinafter provided, issue to the applicant a license to engage in the business as provided in § 91-2. No license shall be refused except for a specific reason and for the protection of the public safety, good order and morals.
B.
Contents of license. All licenses shall be numbered in
the order in which they are issued and shall state clearly the dates of issuance
and expiration of the license, the fee paid and the name and business address
of licensee.
No applicant to whom a license has been refused shall make further application
until a period of at least six months shall have elapsed since the last previous
rejection, unless he or she can show that the reason for such rejection no
longer exists.
[Amended 8-24-2004]
Whenever a license shall be lost or destroyed without fault on the part
of the holder, a duplicate license in lieu thereof under the original application
and bond may be issued by the Glen Cove Police Department in its discretion,
upon the filing with it of an affidavit by the licensee, setting forth the
circumstances of the loss and what, if any, search has been made for its recovery.
A.
Auctioneer not to delegate power. No person having a
license granted under this chapter shall delegate his or her power to any
clerk, partner or person; but the privilege given shall be personal to the
person named in the license and shall be exercised by him or her alone.
B.
Use of license by other than licensee prohibited. No
license shall be used by any person other than the original licensee and any
holder of such license granted to another person shall be guilty of a violation
of this chapter.
C.
Damaging or tampering with license. No person shall destroy,
deface or injure a license in any manner, or change the name, numbers or dates
thereon.
D.
Revocation of license. The Glen Cove Police Department may, at any time, for such cause pursuant to § 91-9 of this chapter, revoke any license granted under the provisions of this chapter. Whenever any license shall be so revoked, no refund of any unearned portion of the license fee shall be made, and no license shall be granted to any person whose license has been revoked in the discretion of the Glen Cove Police Department within a period of one year from the date of such revocation.
[Amended 8-24-2004]
E.
Forfeiture of license, bonds; action on bond. In addition
to any penalty imposed for violation of this chapter, the license of the person
violating the same shall be canceled or revoked, and the bond upon such license
shall be forfeited. Upon such forfeiture the amount of the bond shall thereupon
become due and payable to the City and the amount thereof may be recovered
in a civil action based upon such forfeiture.
A.
Contents. Every auctioneer shall, upon the receipt or
acceptance by him or her 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 or her for such purpose:
(1)
The name and address of the person who employed him or
her to sell such goods at auction.
(2)
The name and address of the person for whose benefit,
behalf or account such goods are to be sold at auction.
(3)
The name and address of the person from whom such auctioneer
received or accepted such goods.
(4)
The name and address of the person who was the owner,
the authorized agent of 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 auctioneer.
(5)
The location, with street and number, if any, of such
goods immediately prior to the receipt or acceptance of the same by such auctioneer
for the purpose of sale at auction.
(6)
The date of the receipt or acceptance by such auctioneer
of such goods for the purpose of sale at auction.
(7)
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.
(8)
The place, with street and number, if any, in which such
goods are to be sold or offered for sale at auction.
(9)
A description of such goods, the quantity thereof and
the distinctive marks thereon, if any.
(10)
The terms and conditions upon which such auctioneer received
or accepted such goods for sale at auction.
B.
Scope of provisions. The expression "goods" as used in
this section signifies any goods, wares, works of art, commodity, compound
or thing, chattels, merchandise or personal property which may be lawfully
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.
C.
Records to be open to inspection. The book and the entries therein, made as provided in Subsection A of this section, shall, at all reasonable times, be open to the inspection of the Mayor, the Chief of Police and the City Attorney and any person who shall be duly authorized in writing for that purpose by any or all of them, and who shall exhibit such written authorization to such auctioneer.
No auctioneer shall engage in any of the following activities.
A.
False representations. Make any false representation
as to the character, quality, condition, previous history, value or ownership
of any property offered for sale.
B.
Substitutions. Substitute any other article for the article
sold to the bidder.
C.
Bidding. Bid in any property offered for sale by himself
or herself, and no person shall act as an accomplice or capper for the purpose
of making mock bids at any auction.
D.
Advertising. Employ a bellman, crier, instrument of music
or means of attracting the attention of passersby, other than a sign or flag
which shall bear the license number.
E.
Prohibited sales. Conduct any auction sale for a transient
merchant or other person who has not procured a license required by law or
ordinance, or whose license has expired or been revoked.
F.
Exhibit of license. Refuse to exhibit his or her license
to any police officer upon demand at the place where an auction is being conducted.
G.
Sales for minors. Receive for sale by auction or sell
by auction any goods, wares or merchandise from or to any minor, knowing him
or her to be such.
