[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:
A.
The name of the person, firm or corporation whose goods, wares and
merchandise are to be sold.
B.
The names and addresses of the person or persons who are to act as
auctioneers, such auctioneers to be duly licensed.
C.
The reason for desiring a license for the sale of merchandise.
D.
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.
