[HISTORY: Adopted by the Borough Council of the Borough of
Lodi 12-27-1948 by Ord. No. 662. Amendments noted where applicable]
The purpose of this chapter is to protect the public against
fraud at public auction sales and to promote good government of the
inhabitants of the Borough of Lodi and to fix fees for the licensing
of auctioneers for revenue purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all persons, firms and corporations who engage in
the sale of goods, wares and merchandise at sale or auction to the
highest bidder.
Includes the sale of goods, wares and merchandise to the
highest bidder.
It shall be the duty of the Police Department of the Borough
of Lodi to enforce all of the provisions of this chapter for the purpose
of securing enforcement thereof. Any police officer of the Borough
of Lodi shall have the right and is hereby empowered to enter upon
the premises where any public auction is conducted or may hereafter
be conducted.
It shall be unlawful for any person, firm or corporation to
act as auctioneer or conduct public auctions in the Borough of Lodi
without first applying for and receiving from the Mayor and Council
of the Borough of Lodi a license so to do in the manner hereinafter
provided or without complying with the regulations hereinafter set
forth or any rules and regulations which may be formulated by the
Mayor and Council of the Borough of Lodi from time to time, whether
by resolution or ordinance.
Each application for such auctioneer's license shall be in writing. It shall state the name and address of the applicant, place of residence for three years preceding the date of application and shall specify the location and description of property whereon or wherein it is proposed to conduct public auction sales. It shall also contain such other information as the Mayor and Council of the Borough of Lodi may require, and it shall be filed by the applicant with the Borough Clerk of the Borough of Lodi and shall be accompanied by a fee as provided in Chapter 235, Fees, Article IV, Fee Schedule.
Upon the filing of such application accompanied by the fee, it shall be the duty of the Borough Clerk to forthwith instruct the Chief of Police to investigate the applicant, and upon his completed investigation, it shall be incumbent upon the Chief of Police to submit a detailed report thereof, in writing, to the Mayor and Council. It shall also be the duty of the Borough Clerk to instruct the Health Officer of the Borough of Lodi to investigate the location and site whereon or wherein it is proposed to conduct public auction sales, and upon its completed investigation, it shall be incumbent upon the Health Officer to submit a detailed report thereof, in writing, to the Mayor and Council. The Mayor and Council may, at its discretion, grant or refuse said license to conduct public auction sales. All licenses to conduct public auction sales in the Borough of Lodi shall expire at 12:00 midnight on December 29 succeeding the date of the issuance thereof. The fee per annum for such license shall be as provided in Chapter 235, Fees, Article IV, Fee Schedule, and shall not be prorated for any part or portion of the year.
Any license granted hereunder shall be subject to revocation
or suspension by the Mayor and Council of the Borough of Lodi in the
following manner, namely: Notice shall be served upon the person,
firm or corporation holding said license, specifying wherein there
has been a failure to comply with the requirements of this chapter
or any rules or regulations which may have been adopted by the Mayor
and Council for the conduct of public auction sales and requiring
appearance of the licensee before the Mayor and Council at a day and
hour therein specified, not less than five days after personal service
of said notice on such licensee, requiring such licensee to show cause
at said time and place why said license should not be revoked or suspended.
At the time and place mentioned in said notice, the person, firm or
corporation holding said license shall have the right to appear and
to introduce such evidence as said person, firm or corporation may
desire, and the Mayor and Council shall confront said licensee with
any charges that may have been preferred; and at said hearing, the
Mayor and Council may, at its discretion, revoke or suspend the license.
Such license shall not be transferable.
All public auctions shall be conducted in strict compliance
with the Revised Statutes of the State of New Jersey presently in
effect or which may hereafter be adopted with relation to the conduct
of public auction sales, especially the provisions contained in N.J.S.A.
12A:1-101 et seq.
Every auctioneer holding a license to conduct public auction
sales in the Borough of Lodi, 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 for the purpose
of sale at auction and before offering the same or any part therefor
for sale at auction, write or cause to be written in a book to be
kept by him for that purpose the name and address of the person who
employed him to so sell such property; the name and address of the
person for whose benefit, behalf or account the property is to be
so sold; the name and address of the person from whom the auctioneer
received or accepted the property; the name and address of the owner
of the property immediately prior to such receipt or acceptance; the
location, with street number, if any, of the property immediately
prior to its receipt or acceptance; the date of the receipt or acceptance;
the place, with street number, if any, in which the property is to
be kept until sold or offered for sale at auction; the place, with
street and number, if any, in which the property is to be sold or
offered for sale at auction; description of the property, the quantity
thereof and the distinctive marks thereon, if any, and the terms and
conditions upon which the auctioneer receives or accepts the property
for sale at auction.
Such books and entries therein shall at all reasonable times
be open to the inspection of the Mayor and Chief of Police of the
Borough of Lodi and to any person who shall be duly authorized, in
writing, for that purpose by either the Mayor or Chief of Police,
who shall exhibit such written authorization to the auctioneer.
No public auction sale shall be conducted in the Borough of
Lodi on any Sunday or holiday. No public auction sale shall be conducted
on any other day not a Sunday or holiday between the hours of 12:00
midnight and 12:00 noon.
Any person, firm or corporation violating any of the provisions
of this chapter or said rules and regulations or contributing in any
way to the violation thereof shall, upon conviction thereof, be punished
by a fine not exceeding $2,000, imprisonment for a period not exceeding
90 days and/or a period of community service not exceeding 90 days,
at the discretion of the Municipal Judge of the Borough of Lodi.
