Unless otherwise expressly stated, whenever used in this article,
the following words and phrases shall have the meanings respectively
ascribed to them in this section:
AUCTIONEER
Any person who, at public outcry, offers for sale to the highest bidder any goods, wares, merchandise or property and who is licensed to act as such within the City of Yonkers pursuant to the provisions of §
25-2.
COMMISSIONER
The Commissioner of Police of the City of Yonkers.
DIRECTOR
The Director of the Office of Licensing, who is also referred to as the Consumer Protection Officer in Article
IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
[Amended 7-18-1996 by L.L. No. 5-1996]
JEWELRY AUCTION SALE
A sale or offering for sale at public auction in the City
of Yonkers to the highest bidder of any gold, silver, plated ware,
precious or semiprecious stones, watches, clocks and goods, wares
or merchandise commonly classified as "jewelry" and of any kind or
character whatsoever.
PERSON
Includes one or more natural persons of either sex, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being used.
STOCK ON HAND
Such gold, silver, plated ware, precious or semiprecious
stones, watches, clocks and goods, wares or merchandise commonly classified
as "jewelry" and of any kind or character whatsoever, which the merchant
holding or conducting a jewelry auction sale carries and deals in
the usual and customary course of business, and shall not include
any of said items of merchandise which are purchased or otherwise
acquired especially and purposely for sale at public auction.
An application for the license required by §
25-6 hereof shall be filed with the Director not less than 30 days prior to the jewelry auction sale sought to be licensed, upon forms prescribed by the Director. Said application, verified by the applicant, shall set forth the following:
A. The name, residence address and business address of the applicant.
B. The character of the applicant's regularly established business,
the address thereof and the length of time it has been operated prior
to the application.
C. The location and dates of the proposed jewelry auction sale.
D. Whether the applicant has conducted or caused to be conducted a jewelry
auction sale or sales within a period of two years prior to the application
and, if so, a statement of the character of such auction sales, the
dates thereof and the place or places where held.
E. The name of the owner or owners of the merchandise to be auctioned.
F. The name and address of the auctioneer who will conduct the auction
and the license number and date of issuance thereof by the City of
Yonkers.
Said application shall be accompanied by a full and complete
inventory of the stock on hand to be offered at auction; the quality,
quantity, kind or grade of each such article; and the wholesale market
value thereof. The articles enumerated in said inventory shall be
numbered, and tags corresponding to the number so shown in the inventory
shall be placed on each article when offered for sale.
The Director is hereby empowered and authorized, upon determining
that the applicant is entitled to a license hereunder, to issue and
grant, under his hand and the Corporate Seal of the City of Yonkers,
the jewelry auction sale license for which application has been made,
subject to the provisions of this article. Prior to receiving said
license, the applicant shall pay to the Comptroller a license fee
of $50 for a period of 30 days or less. Said license may be renewed
for an additional period of 30 days or less upon payment of a renewal
fee of $25.
Each and every article offered at an auction sale licensed hereunder
shall have securely attached thereto a ticket or label containing
a true statement, plainly written or printed in English, specifying
the information appropriate in each of the following instances: if
the article is of metal, the kind and quality of or the percentage
of karat or purity of such metal; if the article is plated or overlaid,
the kind and quality of plate; if a precious stone, offered as such
or as part of an article of jewelry, the true name, weight and quality
of such stone or stones; if a semiprecious stone, offered as such
or as part of an article of jewelry, the true name of such stone or
stones; if an imitation of a precious or semiprecious stone, offered
as such or as part of an article of jewelry, said imitation shall
be stated to be synthetic or an imitation of such stone as it purports
to represent; if the article is a watch or clock, the name of the
manufacturer, and no parts of the movement or mechanism thereof shall
be substituted either by those of another manufacturer or by secondhand
or old movements or mechanisms without a true statement that such
substitution has been made. Such tickets or labels shall remain securely
attached to each and every article and shall be delivered to the purchaser
as a true and correct description and representation of the article
sold and delivered.
During any jewelry auction sale licensed hereunder, no additions
of merchandise whatsoever shall be made to the stock on hand set forth
in the inventory attached to the application for license, nor shall
any merchandise be offered for sale or sold at such auction sale which
is in addition to the stock on hand described in said inventory or
which has been added to the applicant's stock within 30 days
prior to the date the applicant filed an application for a license.
No person licensed hereunder nor his or its agents or employees
shall make any statement which is false in any particular or which
may tend to mislead a prospective bidder or purchaser in respect of
any article offered for sale or sold during such auction sale.
No person licensed hereunder shall employ or cause or permit
to be employed at or during such auction sale any individual to act
as what is commonly known as a "capper," "booster" or "shiller" or
to offer to make any false bid or to offer any false bid to buy or
pretend to buy any article offered for sale or sold at such auction
sale.