[HISTORY: Adopted by the Common Council of the City of Fulton 2-23-1956 (Ch. 42 of the 1991 Code). Amendments noted where applicable.]
No person shall act as a public auctioneer of personal property and no person shall hold or cause to be held any public auction or public vendue of personal property within the City of Fulton without first obtaining a license from the Mayor. Every applicant for such a license shall furnish the Mayor evidence that he has complied with the laws of the State of New York regulating auctions and auctioneers. No person shall receive or be entitled to receive a license under the provisions of this chapter unless he be a person of good moral character and shall furnish satisfactory evidence thereof to the Mayor. For every such license, the Mayor shall charge and the City shall receive a license fee of $100. Every license issued shall expire on the first day of January next succeeding the day on which it is granted. Every such license issued shall contain the name and residence address of the auctioneer to whom it is issued, and no other person than the one named therein shall act as auctioneer under such license.
No person shall be entitled to an auctioneer's license hereunder or act as auctioneer on the sale at public auction of personal property in the City of Fulton, where a license is required hereunder, until he has entered into a joint and several bond to the City of Fulton with two sufficient sureties to be approved by the Mayor, or with a surety company authorized to issue surety bonds in the State of New York, under the penalty of $5,000, conditioned that he will faithfully perform his duties as such auctioneer and render such accounts and pay such duties and moneys as such auctioneer as may be required of him by law to the City of Fulton or to any person.
Records to be kept by auctioneer.
Every auctioneer or person engaged in the business of selling personal property at auction, whether acting in his own behalf or as 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 for sale at auction, write or cause to be written in a book to be kept by him for the purpose:
The name and address of the person who employed him to sell such personal property at auction.
The name and address of the person for whose benefit, behalf or account such personal property is to be sold at auction.
The name and address of the person from whom such auctioneer received or accepted such personal property.
The name and address of the person who was the owner, the authorized agent of the owner or the consignor of such personal property immediately prior to the receipt or acceptance for the purposes of sale at auction of the same by such auctioneer.
The location with street and number of any such personal property immediately prior to the receipt or acceptance of the same by such auctioneer for the purpose of sale at auction.
The date of the receipt or acceptance by such auctioneer of such personal property for the purpose of sale at auction.
The place and street and number, if any, in which such personal property is to be held, kept or stored until sold or offered for sale at auction.
The place, with street and number, if any, in which such personal property is to be sold or offered for sale at auction.
A description of such personal property and the distinctive marks thereon, if any, and the terms and conditions upon which such auctioneer received or accepted such personal property for sale at auction.
The word "person," as used in this subsection, includes a corporation, joint-stock association or copartnership. Said book, when written as hereinbefore required, shall be the inventory to be sold at auction.
Records open to inspection. The book and the entries therein made, as provided by Subsection A above, shall at all reasonable times be open to the inspection of the Mayor and the head of the Police Department of the City, the District Attorney of Oswego County and any person who shall be duly authorized in writing for that purpose by any or either of them and shall exhibit such authorization to such auctioneer. In addition to inspection of said book, the same authorities may, at any time during the auction sale, examine all records of the establishment pertaining to the receipt of merchandise after the commencement of the auction sale.
During any sale by auction, no additions whatever shall be made to the stock of merchandise set forth in the inventory as written in said book unless such additions shall be recorded and appropriately labeled as merchandise so added. Upon the offering for sale of any such merchandise so added, the auctioneer shall announce that such articles have been added to the stock of merchandise since the auction started.
No person, firm or corporation shall dispose of his goods, wares or merchandise at public auction, either by himself or another, unless said person, firm or corporation shall have been in business continuously in the City of Fulton as a wholesale or retail merchant at the same location at which said auction is conducted for a period of six months preceding such auction, without written permission from the Mayor, which permission shall be granted by the Mayor in his discretion for good cause. This section shall not apply to:
Legal or judicial sales, including sales under and by virtue of the Personal Property Law relating to clearance of title under conditional sales contracts;
Sales by executors or administrators;
Sales of or on behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law; or
Sales conducted by licensed auctioneers of the property of persons not regularly engaged in the wholesale or retail sale of merchandise.
No sale at a public auction shall continue for more than 30 days, Sundays and legal holidays excepted, from the day of the beginning of the sale. Such sale may continue for 30 additional days upon written permission of the Mayor, which permission shall be granted by the Mayor in his discretion for good cause.
[Amended 10-30-1991 by L.L. No. 4-1991]
It shall be unlawful for any person, firm or corporation to sell, dispose of or offer for sale in the City of Fulton at public auction or to cause or permit to be sold, disposed of or offered for sale in said City at public auction between the hours of 8:00 p.m. and 8:00 a.m. of the following morning any gold, silver, plated ware, precious stones, watches, clocks, jewelry, bric-a-brac, rugs, clothing, china, porcelain, crockery, glassware, linens, laces, leather goods, furniture, springs, mattresses, electric household appliances, musical instruments or radios, whether the same shall be their own property or whether they shall sell the same as agents or employees or otherwise; provided, however, that this section shall not apply to legal or judicial sales, including sales under and by virtue of the Personal Property Law relating to clearance of title under conditional sales contracts, or sales by executors or administrators or to sales by or on behalf of licensed pawnbrokers or unredeemed pledges in the manner provided by law.
Misrepresentation. No auctioneer of personal property shall misrepresent the quality, kind or value of any article at any auction sale.
False advertising. No person, firm or corporation shall sell or offer for sale any goods, wares or merchandise by auction or advertise for sale any goods, wares or merchandise by falsely representing or pretending that such goods, wares or merchandise, in whole or in part, are a part of a bankrupt or insolvent stock or damaged goods saved from fire or by making any false statement as to the purchase, history or character of such goods, wares or merchandise.
False bidding. No person shall act as a by-bidder or what is commonly known as a "capper," "booster" or "shiller" at any public auction or place or offer to make any false bid to buy or to pretend to buy any such article sold or offered for sale at any public auction sales.
Whenever the Mayor believes that sufficient cause exists for the revocation of a license, he may, upon his own motion or upon complaint made by any person, revoke any license issued hereunder. Before so revoking any such license, he shall cause to be served upon such license a notice specifying the grounds of complaint or the alleged reasons for revocation, which notice shall fix a time and place at which the Mayor shall hear and determine said complaint. The person against whom said complaint is made shall have an opportunity to be heard in answer to said complaint and at the time specified in said notice and to make defense thereto. The Mayor may revoke the license of any person against whom charges brought as above are in his opinion substantiated; provided, however, that when a license is revoked, the Mayor shall notify the licensee in writing and give the reasons for such revocation.
[Amended 10-30-1991 by L.L. No. 4-1991]
Any person, firm or corporation who shall violate or fail or refuse to comply in any way with any of the provisions of this chapter shall, upon conviction thereof, be liable to a fine or penalty of not more than $250 or to be imprisoned for not more than 15 days, or both. Each day that said business is carried on without the procurement of and payment for such license shall constitute a separate offense.
It shall be unlawful for any person licensed hereunder to offer for sale by auction any article to which there is not attached a card or ticket or label containing a true and correct statement, plainly written or printed in English, specifying the kind and quality of the metal of which such article is made or composed or the percentage of karat or purity of such metals.
If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate.
When precious stones are for sale or sold by auction as such, or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stone or stones.
When semiprecious stones are offered for sale or sold by auction as such, or as part of an article of jewelry, such written statement shall set forth the true name of said stones.
When imitations of precious or semiprecious stones are offered for sale or sold by auction as such, or as part of an article of jewelry, said limitations shall be described and defined as synthetic or imitations of such stones as they purport to represent.
When watches and clocks are sold, the true names of the manufacturers shall be stated in writing, and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trademarks, neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect.
Used and rebuilt watches should be so indicated in accordance with New York State law.
Such tag or label shall remain securely attached to any such article or merchandise and shall be delivered to the purchaser as a true and correct description and representation of the article sold, and it shall be deemed prima facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such articles sold.