No person shall offer for sale on any of the public streets, lanes, byways, public park or ground of the Village of Malone, or in any building therein, any article within which is concealed money or jewelry or other article or device, the purpose of which is to make more ready the sale or disposal of goods, wares or merchandise to be disposed of.
No person shall act as an auctioneer of personal property nor shall any person hold or cause to be held any public auction or public vendue of personal property within the Village of Malone without first obtaining a license from the Mayor of the said Village of Malone. The said Mayor shall issue licenses, specifying the fees to be paid therefor, to such applicants as he shall deem fit and proper for such purposes. Every such license shall be countersigned by the Clerk of the village, who shall keep a record thereof and of the amount of the fee to be paid therefor; and upon presentation of such license to the Treasurer of the village, so signed and countersigned, and the payment to the Treasurer of such fee, the Treasurer shall endorse thereon his receipt of the license fee. The license shall not take effect until the receipt of the Treasurer shall have been endorsed thereon. The fee for each such license is hereby fixed at $100. Every license issued shall expire on the 31st day of December next succeeding the day on which it is granted. Every such license shall contain the name and residence address of the person to whom it is issued and no other person than the one named therein shall act as auctioneer or hold or cause to be held any public auction or vendue of personal property under such license. Any applicant who shall have been refused such license by the Mayor may apply to the Board of Trustees therefor at a meeting thereof and the same may be granted or refused by such Board. The Mayor may suspend any license granted under this article until the next meeting of the Board of Trustees, and thereupon the said license may be revoked or continued by the Board of Trustees. The holder of the license so suspended may appear before the said Board and be heard with reference to the matter.
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 Village of Malone, where a license is required hereunder, until he has entered into a joint and several bond to the Village of Malone 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 monies as such auctioneer as may be required of him by law to the Village of Malone, or to any person.
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 owner or the consignor of such personal property immediately prior to the receipt or acceptance for the purpose 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 sales 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 section includes a corporation, joint stock association or copartnership. The said book when written as hereinbefore required shall be the "inventory" to be sold at auction.
The said book and the entries therein made, as provided by the preceding section, shall at all reasonable times be open to the inspection of the Mayor and the Chief of the Police Department of the village, the District Attorney of Franklin 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 and/or person licensed hereunder. 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 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 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.
It shall be unlawful for any person, firm or corporation to sell, dispose of or offer for sale in the Village of Malone at public auction, or to cause or permit to be sold, disposed of or offered for sale in said Village of Malone at public auction, between the hours of 6:00 p.m. and 8:00 a.m. the following morning, articles of personal property, whether the same shall be their own property or whether they shall sell the same as agents or employees, or otherwise.
No auctioneer of personal property shall misrepresent the quality, kind or value of any article at any auction sale.
No person, firm or corporation shall sell or offer for sale any goods, wares and merchandise by auction or advertise for sale any goods, wares or merchandise, 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, or goods saved by fire, or make any false statement as to the purchase, history or character of such goods, wares or merchandise.
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 or make any false bid to buy or to pretend to buy any such article sold or offered for sale at any public auction sales.
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 imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent. When watches, clocks and electrical appliances 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 trade marks; 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 the 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 statements are not a true and correct description and representation of such articles sold.
Any person, firm or corporation who shall violate or fail or refuse to comply in any way with any of the preceding provisions of this Article shall be liable to a penalty of not more than $100 for each offense. In addition, such violation shall constitute disorderly conduct and the person violating the same shall be a disorderly person to be punished according to law. The Board of Trustees may enforce obedience to the provisions of this Article by injunction.
[Amended 1-8-1979 by L.L. No. 1, 1979]
Notwithstanding any provision herein to the contrary, the Village Board may, upon the application of an interested party, permit fund-raising auctions held for the benefit of schools, churches, social or service organizations or other nonprofit and charitable groups, and items to be auctioned are those consigned or donated by local residents or businessmen, upon such terms or conditions and at such times as the Board of Trustees may prescribe.