[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as Ch. 7 of the 1971 Code. Amendments noted where
applicable.]
No person, firm or corporation shall, without first having obtained
a license therefor as provided in this chapter, sell or offer for
sale or cause or permit to be sold or offered for sale any goods,
wares or merchandise of any name or description at auction in the
Village of New Hartford.
[Amended 9-11-1994 by L.L. No. 1-1994]
Any person applying for an auctioneer's license shall, at the
time of making application therefor, pay the fee required in this
section as shall be set forth from time to time by resolution of the
Board of Trustees, and each such auction shall not exceed a period
of three days. Such auctioneer's license shall only authorize the
sale of goods, wares or merchandise in a store or place of business
owned or leased by the auctioneer for the purpose of conducting a
sale of household furniture and effects upon the premises of the owner
thereof. No license issued as herein provided shall give or permit
and nothing herein contained shall be construed to give or permit
the person, firm or corporation to whom such license is issued the
right or privilege of conducting a transient sale of bankrupt or damaged
stocks, and nothing herein contained shall prohibit judicial sales
of estates or privately held auctions for purposes of disposing completely
at one time of the property owner's household goods or said owner's
premises by auctioneers without a license.
[Amended 9-11-1994 by L.L. No. 1-1994]
Any person violating any provision of this chapter shall forfeit
and pay a penalty of not exceeding $250 or be imprisoned for not more
than 15 days, or both, for each offense and each day of violation
shall constitute a separate offense.
A.
The Mayor of the Village shall issue all licenses, which shall be
signed by him and countersigned by the Village Clerk, who shall keep
a record thereof, including the number and date of the license, the
time and purpose for which it is granted and the amount of fee to
be paid therefor; and upon presentation of such license to the Treasurer
of the Village, so signed and countersigned, and the payment to the
Treasurer of the fee therein specified, the Treasurer shall endorse
thereon his receipt of the license fee, showing that such fee is paid
therefor. A license shall not take effect until the receipt of the
Treasurer shall have been endorsed thereon, showing that the fee has
been paid therefor.
B.
A license shall only be issued to such person as the Mayor of the
Village shall deem to be a fit and proper person to conduct the trade,
occupation or activity for which the license is required, and a license
may be refused for any trade, occupation or activity which shall,
in the judgment of the Mayor of the Village, be carried on in any
building or place which is not provided with a suitable and safe means
of ingress and egress in case of emergency and does not comply with
the standards established for such buildings or places by the New
York State Uniform Fire Prevention and Building Code, or which shall
be likely to be immoral or improper or disturb the peace and order
of the Village or where sufficient and adequate precautions are not
taken to assure the orderly conduct of such trade, occupation or activity.
[Amended 9-11-1994 by L.L. No. 1-1994]
C.
Any applicant who shall have been refused a license by the Village
Mayor under the provisions of this chapter may apply to the Board
of Trustees of the Village at a meeting thereof for the same, and
such license may be granted or refused by the Board of Trustees.
D.
The Mayor of the Village may suspend any license theretofore granted
until the next meeting of the Board of Trustees, and, thereupon, such
a license may be continued or may be revoked by the Board of Trustees
for cause shown, after notice to the licensee. Every such license
shall specify the object and length of time for which it is granted
and when it shall expire. All licenses granted as provided in this
chapter shall expire on the first day of March in each year, except
such licenses as may be granted for one or more days as provided in
any of the foregoing provisions of this chapter.
E.
Whenever any license shall have been revoked by the Board of Trustees,
a notice of such revocation shall be served by the Village Clerk upon
the licensee, either personally or by mail, whereupon such license
shall be of no force or effect.
