[HISTORY: Adopted by the Common Council of the City of Kingston 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 13 of the 1984 Code. Amendments noted where applicable.]
No person, firm or corporation, whether acting as principal or agent for another, shall act as a public auctioneer of personal property, and no person shall hold or cause to be held any public auction or public vendue of personal property within the City of Kingston, New York, without first obtaining a license from the Mayor.
The applicant for such license shall apply by verified petition, stating his or its name, residence, street and number of the proposed place of sale and setting forth in detail the goods to be sold and what facts are to be represented or advertised as to the same, and the length of time for which the license is desired, and shall furnish to the Mayor and Chief of Police such further proof as shall be necessary to establish the proof of the facts stated in such petition. Every applicant for such license shall furnish to the Mayor and Chief of Police evidence that he has complied with the laws of the State of New York regulating auctions and auctioneers. No person shall receive or be entitled to receive a license under the provisions of this chapter unless he is a person of good moral character and shall furnish satisfactory evidence thereof to the Mayor.
For every such license, the Mayor shall charge and the City shall receive a license fee at a rate set forth in the fee schedule to be established by resolution of the Common Council of this City.
[Amended 4-5-1988; approved 4-7-1988; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
Every license issued shall expire on the first day of January next succeeding the day on which it is granted. Every such license issued shall contain the name and residence address of the auctioneer to whom it is issued, and no other person than the one named therein shall act as auctioneer under such license.
The license required for an auctioneer under this section of the City Code shall be waived for any auctioneer who obtains a permit to operate a place of auction, and who holds auctions exclusively within that establishment.
[Added 7-12-1988; approved 7-14-1988]
[Amended 4-5-1988; approved 4-7-1988]
The Mayor shall have authority to issue such license as aforesaid, except as to auction sales between 11:00 p.m. and 8:00 a.m., which are forbidden, and except as hereinafter provided, and which license shall state that it is issued upon condition that such goods are as represented in said application and that the same shall not be represented or advertised otherwise and that no other goods shall be advertised, represented or sold under said license, and that such sales shall be conducted in accordance with the provisions of the Penal Law and the general laws of the state and of local ordinances applicable thereto.
The Chief of Police shall cause such inspection to be made from time to time as may be necessary to determine whether the conditions of said license are being complied with.
It shall be unlawful for any person, firm or corporation to sell, dispose of or offer for sale in the City of Kingston, New York, at public auction, or to cause or permit to be sold, disposed of or offered for sale in said City, at public auction, any gold- or silver-plated ware, precious stones, watches, clocks, jewelry, books, bric-a-brac, furniture, rugs, clothing, shoes, china, porcelain, crockery, glassware, art goods, linens, laces or leather goods, whether the same shall be their own property or whether they shall sell the same as agents or employees of others; provided, however, that this shall not apply to legal or judicial sales or sales by executors or administrators or to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law, nor to the sale of farm products, farming implements, livestock nor to the sale of horses, nor to the sale of household goods sold from private homes, real estate, machinery and equipment, nor personal property not in the general line of merchandise, nor to the sale at public auction of the stock on hand of any person or persons, firm or corporation that shall, for the period of two years last preceding such sale, have been continuously in business in the City of Kingston, New York, a retail or wholesale merchant of gold- or silver-plated ware, precious stones, watches, clocks, jewelry, books, bric-a-brac, furniture, rugs, clothing, shoes, china, porcelain, crockery, glassware, art goods, linens, laces or leather goods; provided, further, however, that such sale at public auction of the stock on hand of such merchant or merchants shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all within the period of one year, and that such sale at public auction shall not be held between the hours of 6:00 p.m. and 8:00 a.m.
No auctioneer of personal property shall misrepresent the quality, kind or value of any article at any auction sale.
No person, firm or corporation shall sell or offer for sale any goods, wares and merchandise by auction or advertise for sale any goods, wares or merchandise, falsely representing or pretending that such goods, wares or merchandise, in whole or in part, are a part of a bankrupt or insolvent stock or damaged goods or goods saved from fire, or make any false statement as to the purchase, history or character of such goods, wares or merchandise.
No person shall act as a by-bidder, or what is commonly known as a "copper," "booster" or "shiller," at any public auction, or place or offer to make any false bid to buy, or to pretend to buy, any such article sold or offered for sale at any public auction sale.
Whenever the Mayor or Chief of Police believes that sufficient cause exists for the revocation of a license, he may, upon his own motion or upon complaint made by any person, revoke any license issued hereunder. Before so revoking any such license, he shall cause to be served upon such licensee a notice specifying the grounds of complaint or the alleged reasons for revocation, which notice shall fix a time and place at which the Mayor shall hear and determine said complaint. The person against whom said complaint is made shall have an opportunity to be heard in answer to said complaint, and at the time specified in said notice, and to make defense thereto. The Mayor may revoke the license of any person against whom charges brought as above are, in his opinion, substantiated; provided, however, that when a license is revoked, the Mayor shall notify the licensee, in writing, and give the reasons for such revocation.
The violation of any of the provisions of this chapter is hereby declared to be a misdemeanor and shall be punishable by a fine not exceeding $150 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day said business is carried on in violation of any of the provisions of this chapter shall constitute a separate offense.
This chapter shall be published twice in each of the official papers of the City and shall take effect immediately after the publication thereof.