Where used in this chapter, the following terms and words shall
have the meaning and effect as follows:
ASSOCIATE AUCTIONEER
Every person, licensed as an auctioneer, may designate employees
who may be authorized by him to conduct auctions. Notice containing
the names of the employees so designated must be given to the Director
of Licenses for the Department of Permit and Inspection Services,
and an employee's license shall be issued on the payment of the
prescribed fee. An associate auctioneer's license may be issued
to an individual who is a citizen of the United States or a legal
alien, is employed under the direct supervision of a licensed auctioneer,
and has not been convicted of a felony.
AUCTIONEER
Includes any person conducting a sale by public auction of
personal property or real property of his own or as an agent for another.
PROPERTY
Includes all goods, wares, merchandise, commodities, compounds,
things, chattels, jewelry and all other property of whatsoever form
or nature, but does not include choses in action or real property.
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 without any reservation, unless, at the
time of the offer of each article or parcel and before any bids are
asked thereon, a minimum price therefor is 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 sold, resales, pursuant to statutes, of property
retaken under a conditional sales contract, sales of horses, cattle
or other live animals or sales of personal property at any public
convention in regular session in the City of Buffalo at the place
or places where the convention is being held.
No sale at public auction of any personal or real property,
as defined in this chapter, shall be held within the City of Buffalo
unless such sale is directly conducted by an auctioneer licensed pursuant
to the provisions of this chapter.
The applicant shall also present to the Director of Licenses
and Permits with his application for such license a bond to the City
of Buffalo 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 ordinances of the City of Buffalo
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 chapter. Such
bond shall be approved as provided by ordinance.
Upon the Director of Licenses and Permits being satisfied of
the good character, competency and integrity of the applicant and
upon proof of the payment of the license fee, he shall issue to the
applicant an auctioneer's license, authorizing him to conduct
auction sales in the City of Buffalo as provided by law and by this
chapter.
Upon the receipt and approval of the inventory required by the
preceding section, the Director of Licenses and Permits shall issue
to the auctioneer therein named an authorization to conduct the sale.
A copy of the itemized inventory of the property to be offered for
sale filed with the Director of Licenses and Permits shall be posted
in a conspicuous place on the premises where the sale is conducted,
available for examination by the bidder. The Director of Licenses
and Permits shall issue a permit authorizing the sale, and the list
of items for the sale shall be kept on file by the auction house for
one year.
In addition to the records required to be kept by §§ 25
and 26 of the General Business Law, the auctioneer shall attach or
cause to be attached securely to each article to be offered for sale
a tag 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 is made or composed
and the distinctive number of such article on the itemized inventory
and appraisal filed with the Director of Licenses and Permits. If
said article is 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 articles are 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 is 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 and the County of manufacture; and if any of such
articles or parts thereof are used or secondhand, the length of time
the same has been in use and in a conspicuous place on said tag the
word "secondhand" or "used." Said tag in each and every case shall
remain upon the article and be delivered with the article to the purchaser.
Auction houses shall provide reasonable descriptions of the property
to be auctioned and must disclose special knowledge of any items.
When any article or combination of articles is offered for sale
at public auction, the article or combination of articles shall be
sold to the person with the highest offered bid, if there is more
than one bid or offer, unless a predetermined minimum or reserve price
has been set. Such minimum or reserve price must be announced prior
to the commencement of the bidding process.
Within 10 days after the conclusion of such auction sale, the
auctioneer shall keep on file a report which shall consist of a copy
of said inventory with a list of the articles sold and a statement
that no other articles were sold during said sale superimposed thereon,
which report shall be subscribed by said auctioneer and verified by
his oath before an officer authorized to take oaths in the County
of Erie and shall be kept on file by the auction house for one year
and made available for immediate viewing by the City of Buffalo upon
request by the City of Buffalo.
Each license issued pursuant to this chapter shall expire on
the first day of June next succeeding its issue.
The fee for such license shall be as provided in Chapter
175, Fees, and shall be paid by the applicant before the issuance of the license.