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.
