[HISTORY: Adopted by the Board of Trustees of the Village of Boonville 1-21-1957 (Ch. 9 of the 1971 Code). Amendments noted where applicable.]
No person or firm shall offer or expose for sale at auction any personal property without first obtaining a license for such sale from the Village Clerk of the Village of Boonville. The fee for such license is hereby fixed at $100 plus a fee of $15 per day for the period covered by the license. Said fee shall be paid to the Village Clerk and shall be turned over by him to the Village Treasurer. Every such license issued shall expire one year from date of issue. Every such license shall contain the name and residence address of the person to whom it is issued, and no other person other than the one named therein shall act, hold or cause to be held any sale at auction of personal property under such license. No license shall be issued to any corporation not licensed to do business in the State of New York.
A. 
Each application for a license hereunder shall give the name and residence address of the applicant and shall set forth the following information for each sale:
(1) 
The name and address of the person or firm selling the property at public auction.
(2) 
The name and address of the person for whose benefit, behalf or account such personal property is to be sold at auction.
(3) 
The name and address of the person from whom such seller received or accepted such personal property.
(4) 
The location of any such personal property immediately prior to the receipt or acceptance of the same by such seller for the purpose of sale at auction.
(5) 
The date of such receipt.
(6) 
The place in which such personal property is to be held, kept or stored until sold or offered for sale at auction.
(7) 
The place in which such personal property is to be sold or offered for sale.
B. 
This application must be filed no later than 30 days prior to the starting day of the auction and must be accompanied with a complete inventory of all articles to be sold at such sale at public auction, together with a description of the kind, quantity and quality thereof.
During any sale by auction, no addition whatever shall be made to the stock of merchandise set forth in inventory referred to in the preceding section, except that a license may add to the stock of goods to be sold at auction not to exceed 25% of the value of goods described in the inventory, provided such licensee shall file a sworn statement with the Village Clerk of the Village of Boonville at least 10 days prior to the starting day of said auction, giving a complete inventory of the additional goods with the same information with reference thereto as is required by § 115-2 above.
No sale or public auction shall continue for more than 30 days, Sunday and legal holidays excepted, from the day of the beginning of the sale. Such sale may continue beyond 30 days, provided a new license is obtained under § 115-1 hereof.
No seller of personal property shall misrepresent the quality, kind or value of any articles at any auction sale. No person, firm or corporation shall sell or offer for sale any personal property by auction falsely representing that such goods, wares or merchandise, in whole or in part, are a part of a bankrupt or insolvent stock or damaged goods or saved from fire, or make any false statements as to the purchase, history or character of such personal property. No auctioneer shall employ or hire a person or accomplice for the purpose of bidding up the price or make mock bids at any auction. No auction shall be conducted on Sundays or holidays, nor shall any auction be held before 10:00 a.m. or after 6:00 p.m.
No permit or license shall be issued to any person to conduct a sale at public auction unless he shall have been, for a period of at least one year preceding the date of such sale, continuously engaged in business in the Village of Boonville, New York, and dealing in the same kinds of goods, wares and chattels as are to be offered for sale at such public auction.
[Amended 12-29-1971]
Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine not exceeding $250 for each violation. In addition, each violation of this chapter shall constitute disorderly conduct, and each person violating the same shall be a disorderly person. Each day that a violation or failure to comply with any provision of this chapter or any regulation promulgated hereunder by the Board of Trustees occurs shall constitute a separate and distinct violation.
The preceding sections of this chapter shall not apply to sales by auction of the household goods or furnishings of a bona fide householder, nor to legal or judicial sales under and by virtue of the Lien Law and Personal Property Law relative to the enforcement of liens and the clearances of title, sales under the Bankruptcy Act, police auctions, nor the sales by a personal representative of deceased or incompetent persons or guardians of minors, nor to the sale of or on behalf of licensed pawnbrokers of unredeemed pledges in the manner prescribed by law, nor to sales licensed under the provisions of the Agriculture and Markets Law.
In the event that any of the provisions of this chapter shall be held unconstitutional, the remaining provisions not affected by such decision shall remain in full force and effect.