As used in this chapter, the following terms shall have the meanings
indicated:
AUCTION
A sale or offering for sale to the highest bidder of any goods, wares
and merchandise of any description whatsoever.
STOCK ON HAND
All goods, wares and merchandise of any description whatsoever which
a merchant ordinarily carries on hand in his business and which was purchased
by the said merchant not later than 60 days prior to the date of application
for a permit to conduct an auction.
This chapter shall not be applicable to any auction sale conducted by
trustees or referees in bankruptcy, executors, administrators, receivers or
other public officers acting under judicial process; nor to any sale of real
property at auction; nor to any auction sale conducted by a religious, charitable,
fraternal, patriotic, civic or political organization; nor to any auction
sale by an artist of pictures, sculptures or other works of art made by him;
nor to any auction sale of personal effects or household furnishings of any
person if the articles have been owned and used by him as such within the
city for a period of at least six months prior to such sale thereof.
No person shall act as an auctioneer and no person shall engage in the auction business, in whole or in part, or cause to be held any public auction within the city without first having secured a permit therefor in accordance with the terms of this chapter and the provisions of Chapter
107, Licenses and Permits.
Any person desiring a permit to conduct an auction sale within the territorial limits of the City of Hackensack shall make application therefor in writing, under oath, as required by §
107-6 of Chapter
107, Licenses and Permits. The information supplied shall be as required by §
107-6B and
C, and, in addition, the following shall be supplied:
A. A schedule setting forth a complete description and inventory
of the articles to be offered for sale.
B. A certification under oath that said stock on hand as
set forth in the schedule does not contain any goods, wares and merchandise
purchased within 60 days of the date of the said certification.
C. A detailed description of the premises where said articles
of goods, wares and merchandise are presently stored and a description of
the premises upon which the proposed auction is to be conducted.
D. A certification under oath by applicant that said business
has been conducted on said premises for at least one year prior to the date
of application.
E. A certification under oath by the person making the application
that:
(1) He is authorized to make the application.
(2) He is familiar with the books of the business.
(3) Said business is actually being carried on at a loss
and it is necessary to sell all of the merchandise in order to wind up the
said business and close the same down; or it is the true intent of the owner
of said business to terminate said business and permanently discontinue same
at said address.
F. A statement as to the number of days, not exceeding 10,
that such auction will be conducted.
Any and all permits shall be issued by the City Manager; provided, however, that the terms and conditions of this chapter and of Chapter
107, Licenses and Permits, are fully complied with.
All permits to conduct auctions within the territorial limits of the
City of Hackensack shall be issued only upon the following conditions and
provisions:
A. That said business has been conducted at said premises
for one full year next preceding the date of said application.
B. That the true intent and the honest purpose of the owner
of said business is to sell all of the stock of said business for the purpose
of permanently terminating the business at said address.
C. That all merchandise set forth in the schedule attached
to said application has been purchased by the said owner in the usual and
ordinary conduct of the said business heretofore, and that said goods, wares
and merchandise does not include any that was purchased within 60 days from
the date of said application.
Each applicant shall execute and file with the City Clerk of the City
of Hackensack a good and sufficient bond in the sum of $1,000, with two or
more sureties thereon who shall be freeholders within the City of Hackensack,
or with the surety thereon a surety company authorized to do business in the
State of New Jersey, which said bond shall be conditioned upon the faithful
observance of all the conditions and provisions of this chapter.
Each permit issued pursuant to and in conformity with this chapter shall
be consecutively and numerically numbered, and said permits shall be conspicuously
kept on public display at all times upon the premises where the said auction
is to be conducted.
No permit shall be granted for any such sale by auction if it appears
to the City Manager that the applicant or any agent or affiliate or assignee
or other person in his behalf has, within the period of two years prior to
the date of said application, conducted a similar sale by auction pursuant
to and in conformity with the provisions of this chapter.
The City Council reserves the right at all times to suspend or revoke the operation of the permit permitting the auction as provided in Article
VII of Chapter
107, Licenses and Permits.