City of Vineland, NJ
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland 12-16-1952 by Ord. No. 47 (Ch. 167 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Deceptive advertising — See Ch. 200.
Special sales — See Ch. 568.
In the interpretation of this chapter, the following words and phrases, unless the context shows another sense to be intended, shall be held to have the following meanings:
AUCTION BLOCK
The stand or platform from which the public auction sales are conducted.
GOODS
Any goods, wares, works of art, commodity, compound or thing, chattel, merchandise or personal property which may be lawfully kept or offered for sale.
PERSONAL PROPERTY and PROPERTY
Any goods, wares, works of art, commodity, compound or thing, chattel, merchandise or personal property which may be lawfully kept or offered for sale.
PERSON, APPLICANT or LICENSEE
Includes any individuals, copartners, corporations or associations, and wherever a statement or account is required to be made or done by a corporation, the same shall be effected by its duly authorized officer.
RETAIL SALE
Any sale or offer to sell other than through bidding.
No person shall act as a public auctioneer and no person shall engage in the auction business, in whole or in part, or cause to be held any public auction or vendue within the limits of the City of Vineland without first having had and obtained a license as hereinafter provided for so doing.
[Amended 1-11-1977 by Ord. No. 1065]
A. 
Before any license is granted, as set forth in this chapter, the applicant shall make application therefor to the Director of the Department of Licenses and Inspections, in writing and under oath, on a form to be provided by the Director of the Department of Licenses and Inspections. Such application shall state:
(1) 
The full name of the applicant.
(2) 
His residential address.
(3) 
The length of time of continuous bona fide residence in the City immediately prior to making application.
(4) 
The places where the applicant has resided for a period of three years immediately prior to making the application.
(5) 
Whether any person or corporation other than the applicant has any interest, directly or indirectly, in the license applied for or in the business to be conducted and, if so, state the name, residence and interest of said person or corporation.
(6) 
If the applicant is a corporation, so state:
(a) 
The location of the registered office in New Jersey and the name of the registered agent.
(b) 
The date and state of incorporation.
(c) 
The names and residences of all stockholders, directors and officers.
(7) 
The address of place of business.
(8) 
Whether the applicant has ever been convicted of a crime.
(9) 
The experience the applicant has had as an auctioneer or as a person engaged in the auction business.
(10) 
The place and the time that the applicant has been so engaged as an auctioneer or in the auction business.
(11) 
The names of the persons or bonding company to furnish the bond as hereinafter required.[1]
[1]
Editor’s Note: Former Subsection B, regarding references and evaluation of character for applicants, which immediately followed, was repealed 8-22-2017 by Ord. No. 2017-56.
The Director of Public Safety shall investigate or cause to be investigated each and every application filed as aforesaid and is hereby vested with the sole discretion of either granting or refusing to grant a license.
[Amended 10-27-2009 by Ord. No. 2009-68; 8-22-2017 by Ord. No. 2017-56]
The Director of Licenses and Inspections shall, as a condition precedent to the granting of the license to engage in the auction business in the City of Vineland, require the applicant to provide a bond of a surety company authorized to do business under the laws of the State of New Jersey, in a form approved by the City Solicitor, to be in the sum of $5,000. Such bond shall be for the benefit of any person who shall have recovered a judgment against anyone responsible under and by virtue of this chapter, by reason of any damage sustained by such person as a result of having purchased any article or commodity at a public auction conducted or operated by the licensee, due to fraud or deceit practiced in effecting such purchase to such person, and such bond to be for the protection of persons and property and for the preservation of the safety and property of the City.
[Amended 8-22-2017 by Ord. No. 2017-56]
A. 
Any applicant for a license may be denied by the Director of Licenses and Inspections, or any license issued may be suspended or revoked by the Mayor for the following causes:
(1) 
The applicant or licensee has filed an application containing false information.
(2) 
The applicant or licensee has failed to comply with these regulations.
(3) 
The applicant or licensee has been convicted of an offense under these regulations.
(4) 
The applicant or licensee has violated the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.
(5) 
The applicant or licensee has been convicted of a criminal offense involving moral turpitude in the State of New Jersey or any other state.
B. 
The applicant or licensee may appeal the decision of any City official by filing a written request for a hearing before the City Council with the City Clerk within 10 days of receiving the notice of denial, suspension or revocation of the license. The hearing shall be held within 20 days after the request is filed with the City Clerk.
Every license required by this chapter which shall be granted shall entitle the licensee to operate in the City of Vineland from the date of the issuance of such license to the first day of January following the issuance thereof, and all renewals of such licenses shall be for a period of one year from the first day of January to the first day of January of the succeeding year. No license shall be renewed unless all the terms and conditions of this chapter have been fully complied with.
[Amended 8-22-2017 by Ord. No. 2017-56]
The fee for a license in accordance with this chapter shall be $100 per day or any portion thereof during which an auction is taking place, including any preauction viewing of goods being sold. The fees shall be payable upon the presentation of the application and shall be returned in the event that such license is not granted.
[1]
Editor’s Note: Former § 230-9, Suspension or revocation of license, was repealed 8-22-2017 by Ord. No. 2017-56.
No person, except a licensed auctioneer or such a person authorized by § 230-12 of this chapter, shall sell or offer for sale any goods or merchandise in any manner similar to that of a public auction or by public outcry, even though no competitive bids are solicited.
[Amended 8-22-2017 by Ord. No. 2017-56]
Each auctioneer shall, during the sale or any preauction viewing of goods being sold, cause his or her name to be conspicuously displayed on a sign at the place where he or she is conducting an auction sale.
No licensed establishment shall operate without a licensed public auctioneer, except that each licensed establishment may conduct its own business on such licensed premises through its proprietor or one of its proprietors, if a partnership, or one of its officers, if a corporation, without any further license.
It shall be unlawful for any auctioneer to accept anything other than bona fide bids, and such auction sales are to be so conducted 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, knowingly misrepresent the goods or merchandise being auctioned.
Every auctioneer or person engaged in the business of selling goods at auction in the City, whether acting in his own behalf or as the officer, agent or representative of another, shall, upon the receipt or acceptance by him of any personal property or goods for the purpose of sale at auction, 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 for that purpose the following information:
A. 
The name and address of the person who employed him to sell such goods at auction.
B. 
The name and address of the person for whose benefit, behalf or account the property is to be so sold.
C. 
The name and address of the person from whom the auctioneer received or accepted the property.
D. 
The name and address of the owner of the property immediately prior to such receipt or acceptance.
E. 
The location and the street number, if any, of the property immediately prior to its receipt or acceptance.
F. 
The date of the receipt of acceptance.
G. 
The place, with the street number, if any, in which the property is to be kept until sold or offered for sale at auction.
H. 
The place, with street and number, if any, in which the property is to be sold or offered for sale at auction.
I. 
A description of the property to be sold and the quantity thereof.
[Amended 8-22-2017 by Ord. No. 2017-56]
J. 
The terms and conditions upon which the auctioneer receives or accepts the property for sale at auction.
[Amended 8-22-2017 by Ord. No. 2017-56]
Nothing herein contained shall apply to the sale of real property at auction nor to sales conducted by trustees in bankruptcy, executors, administrators, receivers or other public officers acting under the judicial process, or the sale of farm produce conducted by farmers' cooperative associations.
The books and entries therein made as provided by the preceding section shall, at all reasonable times, be open to the inspection of the Director of Public Safety and the Chief of Police of the City and of any person who shall be duly authorized, in writing, for that purpose by either of them and who shall exhibit such written authorization to the auctioneer.
[Amended 8-22-2017 by Ord. No. 2017-56]
It shall be unlawful to hold any public auction sale between the hours of 12:00 midnight and 6:00 a.m.
Every advertisement of an auction sale to be held in the City shall have the name of the auctioneer conducting such sale appended or signed thereto.
A. 
It shall be unlawful for any auctioneer to use or employ or permit to be used or employed what is commonly known as a "capper" or shill or fake bidders.
B. 
It shall be unlawful to sell what are commonly known as "blind packages" or articles which cannot be seen by bidders before the bids are made.
No licensed auctioneer or other person shall sell or attempt to sell at public auction any goods, chattels or personal property in or upon any street or sidewalk in the City.
No merchandise shall be sold at retail from the auction block.
[1]
Editor’s Note: Former § 230-23, Attracting attention to sale, was repealed 8-22-2017 by Ord. No. 2017-56.
[Amended 10-27-2009 by Ord. No. 2009-68]
Any person, firm or corporation violating any provisions of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.