[HISTORY: Adopted by the Borough Council of the Borough of Masontown 7-9-1951 by Ord. No. 113, approved 7-9-1951. Sections 43-1, 43-2, 43-8 and 43-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
After the passage of this chapter, it shall be unlawful for any person, firm or corporation to sell or offer for sale at public auction goods, wares and merchandise without obtaining from the Mayor of the Borough of Masontown a license therefor.
Application for a license shall be made to the Mayor upon suitable forms to be provided by the Mayor or the Borough Secretary, setting forth under oath:
The name of the person, firm or corporation whose goods, wares and merchandise are to be sold.
The names and addresses of the person or persons who are to act as auctioneers, such auctioneers to be duly licensed.
The reason for desiring a license for the sale of merchandise.
The name of the persons, firms or corporations from whom the goods, wares and merchandise to be sold under the license were last obtained and the inventory value thereof.
A licensee will be held responsible for the conduct of such person or persons as may be employed to sell said goods, wares and merchandise and shall not make or permit anyone conducting such sale to make untruthful statements or misrepresent articles to bidders as to the description, quality or kind of goods, wares and merchandise offered for sale, nor shall be employ, use or permit the employment or use of by-bidders, commonly called "cappers," nor shall be offer or make, or permit anyone to offer or make, a false bid or a pretense of buying goods, wares or merchandise offered for sale by virtue of his license, nor shall the licensee offer or permit to be offered or give or permit any premium or any merchandise whatsoever as a premium or incentive to bidders.
No license shall be granted under this chapter for a longer period than 15 successive days (Sundays and holidays excepted) at any one location.
No person, firm or corporation holding a license shall conduct thereunder a sale at any other place or places than that designated therein.
No person, firm or corporation shall be granted a license under this chapter unless the licensee has been conducting business at the same place or places designated in the application for a period of one year previous to the date of application under the same trade name.
A subsequent license shall not be granted to the same licensee at a given location until five whole years have elapsed from the expiration of the former license.
The applicant upon being granted a license shall pay in advance to the Borough Treasurer for the use of the Borough of Masontown a license fee in the sum of $50 per day for each and every day that said license is granted and, in addition thereto, shall furnish to the Mayor for the use of the Borough of Masontown an approved surety bond in the sum of $5,000, said bond to be in full force and effect for a period of one year from the date of said license and shall be conditioned for the faithful performance and observance by the licenses of each and all of the provisions of this chapter.
No licensee under this chapter shall provide additional goods, wares and merchandise during this conduct of the auction sale, and such licensee shall state in his application previous to the granting of the license the amount and value of goods already on order but not delivered and what said goods consist of.
The provisions of this chapter shall not, however, apply to judicial sales or sales by executors or administrators nor to the sale of unredeemed pledges by or on behalf of licensed pawnbrokers in the manner prescribed by law or to sale of farm products, farming implements, livestock, household goods sold from private homes, real estate, machinery and equipment nor to personal property not in the general line of merchandise nor to any sale at auction held by any church, charitable or fraternal organization.
Any person, firm or corporation or their officers or agents violating this chapter or any part thereof shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just. Each separate violation of the provisions of this chapter shall be considered a separate offense hereunder.