[HISTORY: Comes from L.L.
No. 67-1969, adopted 12-16-1969, effective 1-1-1970.]
The following definitions shall apply in the enforcement and
interpretation of this local law:
FRAUD
Any cunning, deception or artifice used to circumvent, cheat
or deceive another.
MOCK AUCTION
Any transaction involving a person or persons who buy, sell
or pretend to buy or sell goods, wares or merchandise which are exposed
for sale by auction, and an actual sale, purchase and change of ownership
thereof does not thereupon take place.
TOWN
The unincorporated area of the Town of Hempstead outside
the City of Long Beach and the incorporated villages located within
the Town of Hempstead.
TOWN BOARD
The Town Board of the Town of Hempstead.
TOWN CLERK
The Town Clerk of the Town of Hempstead.
Personal property (goods, wares or merchandise) shall not be
sold at auction in the Town of Hempstead except in compliance with
the provisions of this chapter, and unless such sale is conducted
by an individual who has applied for and obtained an auctioneer's
license from the Town Clerk.
A. The Town Clerk is hereby authorized to grant or renew an auctioneer's
license, for a period of time not exceeding one year, to an individual
applying therefor, on a form to be provided by the Town Clerk, upon
payment of the prescribed fees and the filing of the prescribed bond
by the applicant, pursuant to the provisions of this chapter.
B. Each auctioneer's license shall be issued as of the date of issuance
and shall expire the 31st day of December immediately following such
date, unless previously revoked and there shall not be a reduction
in fee for a fractional part of a year.
The form on which application to the Town Clerk shall be made
for an auctioneer's license shall require the following information:
B. Residence and business address of applicant.
C. A statement as to whether or not the applicant holds, or has held,
an auctioneer's license from any state, municipality, governing body
or licensing authority; a list of such licenses and a statement of
the time, place and by whom issued.
D. A statement as to whether any state, municipality, governing body
or licensing authority has ever refused to issue, or to renew, an
auctioneer's license to the applicant, together with a full and accurate
statement as to the reasons for any such refusal.
E. A statement as to whether any state, municipality, governing body
or licensing authority has ever revoked an auctioneer's license held
by the applicant, together with a full and accurate statement as to
the reasons for any such revocation.
F. A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance
or local law, and, if so, the nature of the offense and the punishment
or penalty assessed therefor.
G. Photographs in duplicate of the applicant, taken within 60 days immediately
prior to the date of the filing of the application, each measuring
two by two inches showing the head and shoulders of the applicant
in a clear and distinguishable manner. The Town Clerk may waive the
submission of photographs in the case of renewal applications for
an auctioneer's license where photographs were obtained in the original
application.
H. The fingerprints of the applicant and the names of at least two reliable
residents of the County of Nassau, State of New York, who will certify
to the applicant's good moral character and business reputation. The
Town Clerk may waive the fingerprinting of an applicant in the case
of renewal applications for an auctioneer's license where fingerprints
were obtained in the original application.
Before issuing an auctioneer's license to an applicant, the
Town Clerk shall refer the application to the Nassau County Police
Department for a fingerprint investigation, and the Town Clerk shall
institute his own investigation of the applicant's moral character
and business responsibility as he deems necessary for the protection
of the public welfare. The Town Clerk may waive these requirements
in an application for renewal of an auctioneer's license by an applicant
holding an unexpired auctioneer's license pursuant to this chapter,
where such fingerprint investigation and investigation of the applicant's
moral character were previously made.
An auctioneer's license may be revoked by the Town Clerk or
an application for issuance or renewal thereof may be refused by him,
if he determines:
A. The applicant or license holder is not an individual of good moral
character and business responsibility.
B. The application contains any false, fraudulent or misleading material
statement.
C. The applicant or license holder has made any false, fraudulent or
misleading material statement in the course of conducting an auction
sale of, or in offering for sale at auction, any goods, wares or merchandise
in the Town of Hempstead.
D. The applicant or license holder has perpetrated a fraud upon any
person, whether or not such fraud was perpetrated in the conduct of
an auction in the Town of Hempstead.
E. The applicant or license holder has violated any of the statutes
of the State of New York relating to auctions or auctioneers.
F. The applicant has been convicted of any crime or misdemeanor involving
moral turpitude.
G. The applicant or license holder has conducted an auction sale of,
or offered for sale at auction, any real or personal property, goods,
wares or merchandise in the Town in an unlawful manner or in such
manner as to constitute a breach of the peace or a menace to the health,
safety or general welfare of the public.
A. Any person who has been refused the issuance of an auctioneer's license
or has had a previously issued auctioneer's license revoked or suspended:
or refused the issuance of a permit or has had a previously issued
permit revoked or suspended by the action of the Town Clerk, shall
have the right to review the action of the Town Clerk as hereinafter
provided:
(1) An application for such review shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the
applicant claims that the determination of the Town Clerk was erroneous.
(2) Such application shall be filed with the Town Clerk by the applicant
within 20 days after notice of denial of his application by the Town
Clerk has been mailed to him or delivered to him in person.
(3) Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of §
102-8 hereof.
(4) At such hearing the Review Board shall consider the record upon which
the Town Clerk based his determination and in its discretion may receive
new or additional evidence in support thereof or in opposition thereto.
B. The Review Board, after such hearing, may affirm the action of the
Town Clerk or direct the Town Clerk to issue a proper license, pursuant
to this chapter.
Whenever it shall be provided herein that a hearing shall or
may be held in connection with an application, license or permit:
A. If an applicant, licensee or permit holder requests a hearing, the
Supervisor shall designate two or more members of the Town Board to
conduct said hearing as a Review Board.
B. Such hearing shall be held on a date at a place and hour designated
by the Chairman thereof.
C. The Town Clerk shall give notice thereof, stating the name and address
of the applicant, licensee or permit holder concerned, the subject
matter of the hearing and the date, place and hour thereof designated
therefor, by mailing a copy thereof to the applicant, licensee or
permit holder concerned, at the address shown upon the most recent
application of such applicant, licensee or permit holder at least
10 days prior to such hearing.
D. The applicant, licensee or permit holder involved shall be entitled
to be represented by legal counsel and to present such competent and
material testimony or other evidence in his own behalf as may be relevant
to the subject matter of the hearing.
E. All witnesses shall be sworn and examined under oath.
[Amended 3-9-2004 by L.L. No. 24-2004, effective 3-22-2004]
The fees for an auctioneer's license shall be as follows:
A. An original or first application fee of $28 earned at the time an
application is made, which shall not apply to renewal applications.
B. An auctioneer's license fee of $110.
Every applicant for an auctioneer's license shall file with
the Town Clerk a surety bond running to the Town in the amount of
$2,000 with a surety acceptable to and approved by the Town Clerk
to warrant that the said applicant, if issued an auctioneer's license,
will comply fully with all of the provisions of this chapter and the
statutes of the State of New York regulating and concerning auctions
and auctioneers.
It shall be unlawful for any person, firm or corporation to
conduct an auction in the Town, whether the personal property (goods,
wares or merchandise) to be sold at auction is owned by the auctioneer
or not, without having first obtained a permit therefor as hereinafter
provided.
[Amended 11-26-1974 by L.L. No. 116-1974, effective 1-1-1975; 3-9-2004 by L.L. No.
24-2004, effective 3-22-2004]
Application for a permit to conduct an auction sale of personal
property (goods, wares or merchandise), on either an annual or per
diem basis, shall be made to the Town Clerk on forms to be provided
by him, upon which shall be stated the nature and quantity of goods
to be sold, whether it shall be for an unlimited number of auctions
during the calendar year or for a specific number of days, and the
place or places said auction is to be held. The Town Clerk shall issue
a permit based upon either an annual fee of $275 for an unlimited
number of auctions conducted within the calendar year or upon a daily
fee of $28 for each daily auction, upon his determination that there
is good and sufficient reason for the issuance of the permit. These
fees shall be in addition to, and not in lieu of, the fees and bonds
prescribed for auctioneers.
A. The Town Clerk may deny the issuance or renewal of a permit or may revoke any outstanding permit if he deems that there is good and sufficient reason for the denial or revocation thereof. Any person aggrieved by the action of the Town Clerk in denying the issuance, renewal or revoking of any permit shall have the right to appeal pursuant to §
102-7 hereof.
B. An appeal may be taken pursuant to §§
102-7 and
102-8 within 20 days of the receipt of written notice of the denial or revocation, mailed to the appellant's last known address, by filing with the Town Clerk a written notice of appeal and statement setting forth fully the grounds of the appeal.
Any person may apply for a permit to conduct an auction provided
that the auction shall be conducted by an auctioneer duly licensed
hereunder. Any licensed auctioneer who conducts an auction without
benefit of a permit shall be subject to an immediate suspension or
revocation of his auctioneer's license by the Town Clerk.
It shall be unlawful to conduct an auction sale of personal
property (goods, wares or merchandise) on any of the streets, sidewalks
or public property of the Town.
The auctioneer shall display in a conspicuous place, at the
conduct of an auction sale, the auctioneer's license and permit hereunder,
and shall allow access to the place at which the auction is conducted,
to the Town Clerk or his designated representatives, for an inspection
of premises and the right of inspection of books and records pertaining
to the auctioneer's transactions.
The provisions of this chapter shall not be applicable to auction
sales conducted by trustees or referees in bankruptcy, executors,
administrators, receivers or other public officers acting under judicial
process, nor to the sale of real property at auction or sales by licensed
pawnbrokers of unredeemed pledges or sales conducted under the auspices
of religious or eleemosynary institutions.
Nothing herein contained shall be construed to infringe upon
or impair the provisions of the General Business Law relating to the
regulation of auctions and auctioneers.
A. Any auctioneer who shall have knowledge of any false or fraudulent
representations or statements or who makes or causes any such statements
to be made in respect to the character of any sale, or the party authorizing
the same, or the quality, condition, ownership, situation or value
of any property, real or personal, exposed, put up or offered by him
for sale at public auction, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be punished by imprisonment not
exceeding one year or by a fine not exceeding $1,000.
B. Any person who shall purchase any property at public auction in respect
to which such false or fraudulent representation or statement to the
knowledge of such auctioneer has been made may sue and recover from
such auctioneer a penalty of $500 in addition to any damages sustained
by him by reason of such statements or representations.
C. Any person who fails, neglects or refuses to obtain an auctioneer's
license or a permit to conduct an auction as required herein, shall
be guilty of a Class B misdemeanor, punishable by a fine not to exceed
$500, or by imprisonment for a period not to exceed one year for each
such offense, or by both such fine and imprisonment.
[Added 11-26-1974 by L.L. No. 116-1974, effective 1-1-1975]