[HISTORY: Adopted by Common Council of City of North Tonawanda 1-19-1959. Amendments noted where applicable.]
Going-out-of-business sales — See Ch. 47.
Where used in this ordinance, the following terms and words shall have the meanings and effects as follows:
- Includes any person conducting a sale by public auction of personal property or real property of his own or as agent for another.
- Includes all goods; wares, merchandise, commodities, compounds,
things, chattels, jewelry, household goods and antiques, and all other
property of whatsoever form or nature, but does not include choses
in action or real property.[Amended 11-8-79]
- PUBLIC AUCTION
- Includes any public offer to sell personal property or real property to the highest bidder or to the person offering to pay the highest price therefor and shall be without qualifications or reservations, unless at the time of the offer of each article or parcel and before any bids are asked thereon a minimum price therefor be publicly stated.
- REAL PROPERTY
- The land, together with the improvements thereon and attached thereto.
- SELL AT PUBLIC AUCTION
- Shall not include judicial sales, sales by public officers in the manner prescribed by law, sales pursuant to statute to satisfy any lien on the property retaken under a conditional sale contract or sales of horses, cattle or other live animals.
No sale at public auction of any personal or real property, as defined in this ordinance, shall be held within the City of North Tonawanda unless such sale is directly conducted by an auctioneer licensed pursuant to the provisions of this ordinance.
Every applicant for a license pursuant to this ordinance shall present to the Mayor a written application signed and duly verified by him stating his full name, age, residence by street, number and place; his present occupation; that he is a citizen of the United States; his qualifications, including education, business engaged in during the past five years, giving location, kind and extent; where and when he was previously licensed as auctioneer; whether any previous license as auctioneer was cancelled for cause; and such further facts as may be required by the Mayor to show the good character, competency and integrity of the applicant.
The applicant shall also present to the Mayor with his application for such a license a bond to the City of North Tonawanda executed by a duly authorized surety company in the penal sum of $5,000, conditioned for the faithful observance of the laws of the State of New York and of the ordinance of the City of North Tonawanda then in effect or thereafter enacted, for the performance of all duties, the rendition of all accounts and the payment of all moneys required of him by law to be paid; and also conditioned for the payment to any person who shall be defrauded or suffer loss by reason of the violation by such auctioneer of any of the provisions of this ordinance.
Such bond shall be approved as provided by the Charter. Upon the Mayor being satisfied of the good character, competency and integrity of the applicant, and upon the proof of the payment of the license fee as provided in § 16-4 of this ordinance, he shall issue to the applicant an auctioneer's license, authorizing him to conduct auction sales in the City of North Tonawanda as provided by law and by this ordinance.
Each license issued pursuant to this ordinance shall expire on the 31st day of December next succeeding its issue. The fee for such license shall be $150 and shall be paid by the applicant to the Mayor before the issuance of the license.
At least five days before any auction sale is held, the auctioneer shall file or cause to be filed a statement in type-writing or other print with the Mayor, giving the name and address of the owner of the property proposed to be sold, street and number where property is located, the place or places, if any, where the owner has conducted business, if any, during one-year next preceding the filing of such statement, the date of opening and probable duration of the proposed sale, place where sale is to be conducted, the reasons why an auction sale is desired, the name and address of the auctioneer who will conduct the auction sale; also an itemized inventory of the property, quality, kind and grade and the material of which it is composed, with a distinctive number for each item. If the property to be sold consists of a stock of goods in trade, in whole or in part, of a person, firm or corporation engaged in the wholesale or retail sale thereof immediately preceding the time of the filing of the inventory, there shall be attached to the inventory a complete statement including the name of such person so engaged, the location by place, street and number where so engaged, the length of time so engaged, and that each and every article contained in the aforesaid inventory is a part of the stock of goods of said person and has been a part of the stock of goods of said person for a period of at least 90 days prior to the date of filing of the said inventory, and that no property purchased, procured or placed in stock specially for such public auction sale is included therein. If the property to be sold be real property, the inventory shall briefly describe the same, so as to identify its dimensions, the improvements thereon and the location thereof.
If such property consists of the household furniture of a householder or the fixtures and equipment of a business, the inventory shall be accompanied by a statement that each article was a part of the household goods of the householder (naming him) or, in the case of fixtures and equipment, was a part of the fixtures and equipment of the person (naming him) for at least 90 days prior to the date of the sale.
Such statement and inventory must be signed by the auctioneer who is to conduct the sale and verified by him to the effect that it is, to the best of his knowledge, information and belief, true. Such statement and inventory shall also be signed by the owner of said property and shall be verified by him by affidavit, stating that said inventory is true and correct in all particulars.
Upon the receipt and approval by him of such inventory, the Mayor shall issue to the auctioneer therein named an authorization to conduct the sale. Such sale, however, shall be conducted daily, except Sundays and holidays, and for a period not exceeding 60 calendar days from the opening thereof.
A copy of the itemized inventory of the property to be offered for sale filed with the Mayor shall be posted in a conspicuous place on the premises where the sale is conducted, available for examination by the bidder.
In addition to the records required to be kept by Sections 25 and 26 of the General Business Law, the auctioneer shall attach or label upon which shall be plainly written or printed in the English language a true and correct statement of the kind and quality of the material or substance of which such article on the itemized inventory and appraisal filed with the director of licenses; if said article be one of those commonly classed as jewelry or articles commonly carried by persons engaged in the jewelry business, the tag shall state the percentage or carat of purity of such material; in case the article be plated or overlaid, a true statement of the kind of plate and the percentage of purity thereof and the kind of material or metal under the plating; if the article be one commonly known as precious, semiprecious, synthetic or imitation stones, the true names, weight, quality and color of said stones; if watches or clocks, the true name of the manufacturers, the number of jewels and adjustments, the country of manufacture; and if any of such articles or part thereof be used or second-hand, the length of time the same has been in use and in a conspicuous place on said tag the words "second-hand" or "used." Said tag in each and every case shall remain upon the article and be delivered with the article to the purchaser.
When any article or combination of articles is offered for sale at public auction, unless the auctioneer states a minimum price therefor before any bid or offer is asked, the article or combination of articles shall be sold to the person whose bid or offer is the highest offered if there be more than one bid or offer therefor.
During the time when and while such auction sale is being conducted, no sales of any property, whether or not it is a part of the inventoried property, shall be permitted within the same room or in any room opening therefrom, by private sale or otherwise than by public auction sale.
No property not included in the inventory filed as hereinbefore required shall be sold or offered for sale at public auction or private sale during the time that such auction sale is being conducted in the same room or in a room opening therefrom.
Within 10 days after the conclusion of such auction sale, the auctioneer shall file or cause to be filed with the Mayor a report which shall consist of a copy of said inventory, with superimposed thereon a list of the articles sold and a statement that no other articles were sold during the said sale, which report shall be subscribed by said auctioneer and verified by his oath before an officer authorized to take oaths in the County of Niagara, and shall be kept on file by the Mayor and shall be open for public inspection.
Sale at public auction shall be held only between the hours of 9:00 a.m. and 10:00 p.m. and at no time within the hours beginning at 10:00 p.m. and ending at 9:00 a.m.
An auction sale shall be held on consecutive or nonconsecutive days, Sundays and legal holidays excepted, and shall not continue for a period longer than 60 days.
A stock of goods, wares and merchandise shall not be offered for sale as such by public auction except where same consists of a stock-in-trade of a person continuously engaged in the City of North Tonawanda in dealing in such goods, wares and merchandise at wholesale or retail for a period of at least one-year immediately preceding the time of the commencement of such sale, and at such sale no property shall be inventoried as proposed to be sold or sold other than property which constitutes such stock-in-trade of such person. Such public auction, however, shall be held at the place of business of such person and on successive days, Sundays and holidays excepted, and shall not be held for a greater period than 60 days in any one calendar year. Such sale shall also be subject to all other provisions of this ordinance.
No auctioneer shall:
Make any false representations as to the character, quality, condition, value or ownership of any property offered for sale or falsely represent that such property is in whole or in part bankrupt or insolvent stock or damaged goods or goods saved from fire.
Substitute any other article for the article sold to a bidder.
Bid in or withdraw from sale any article after receiving a second bid therefor or receive any bid from a person not a bona fide bidder at such sale or any person acting as a capper, booster or shiller.
Employ or permit to be employed any bellman, crier, instrument of music or means of attracting the attention of passersby other than a sign or flag.
Conduct a sale where entertainment is provided on the premises where the sale is conducted for the prospective bidders.
Offer for sale or sell any article of property not included in the inventory filed as provided in § 16-5 of this ordinance.
Open or conduct any public auction sale until all the provisions of this ordinance have been complied with and an authorization for such sale obtained.
If the property to be sold is, in whole or in part, a stock of goods in trade of a merchant in business or who has been in business, wholesale or retail, conduct a public auction thereof except at the place where such business was or is conducted, and/or include in such sale any property if the same was purchased specially for such sale.
Conduct a sale at public auction of property which consists in part or whole of a stock-in-trade of a merchant, unless such merchant has been in such business continuously in the City of North Tonawanda for a period of at least one year.
The Mayor may revoke any license and/or authorization to conduct a sale issued pursuant to the provisions of this ordinance if he shall have cause to believe that the holder of such license and/or authorization to conduct a sale is violating any statute of the State of New York relative to auctions and auctioneers or any provision of this ordinance. A conviction by a court of competent jurisdiction of such offense or recovery upon a bond pursuant to the provisions of this title shall be conclusive evidence of such violation.
The Mayor may, upon the complaint of any person, cause notice to be served upon the holder of such license and/or holder of authorization to conduct a sale, specifying the grounds of complaint or reason assigned for the revocation of such license and/or authorization to conduct a sale, which notice shall fix a time and place, not less than three days after the service of such notice, at which the said Mayor shall hear the evidence of the person making such complaint and such other evidence as may be presented to him or be in his possession, and the holder of such license and/or the holder of such authorization to conduct a sale shall have an opportunity to be heard in his own defense. If the Mayor shall believe that sufficient grounds therefor exist, he shall revoke such license and/or such authorization to conduct a sale.
Any person who shall violate any of the provisions of this ordinance shall be liable to a fine or penalty of not more than $250 for each offense.
If any section, paragraph, subdivision, clause, sentence, provision or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, but the effect thereof shall be confined in its operation to the section, paragraph, subdivision, clause, sentence, provision or part thereof immediately or directly involved in the controversy in which such judgment shall have been rendered.
All ordinances or parts of ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed.