The purpose of this chapter is to prevent unfair competition
and dishonest business practices and to protect the public from fraud;
also for revenue purposes.
It shall be unlawful to conduct any auction sale within the
municipality of the City of Perth Amboy without first obtaining a
license and having paid the license fee hereinafter described.
Any person desiring a license shall file with the City Clerk
an application blank giving the following information:
B. Permanent home residence.
D. Place or places of residence of the applicant for the preceding three
(3) years.
E. Length of time for which license is desired.
F. A description and inventory of the wares to be offered for sale.
G. A statement in detail as to persons and places from which the goods,
wares and merchandise to be offered for sale were purchased and received.
H. The number either of arrests or convictions for misdemeanors or crimes
and the nature of the offenses for which arrested or convicted.
No licensee shall sell or offer for sale any goods, wares and merchandise not mentioned in the statement and inventory herein referred to nor add any goods, wares and merchandise thereto without first filing with the City Clerk an amended statement giving the information required in Subsections
F and
G of §Â
147-3 aforesaid, or publish any statement or representation not true in fact.
Before the license as herein provided shall be issued, the applicant
shall execute and deliver to the City Clerk a good and sufficient
bond, with good and sufficient security and sureties, to be approved
by said City Clerk, in the amount of one thousand dollars ($l,000),
said bond to remain in force for one (1) year and to be conditioned
to indemnify and pay said municipality any penalties or costs incurred
in the enforcement of any of the provisions of this chapter, and which
shall also by its terms be so conditioned as to indemnify or reimburse
any purchaser of goods, wares and merchandise in a sum equal to at
least the amount of any payment or payments such purchaser may have
been induced to make through the misrepresentation as to the kind,
quality or value of such goods, wares or merchandise, whether the
said misrepresentations were made by the owners or their servants,
agents or employees, either at the time of making the sale or through
any advertisement of any character whatsoever printed or circulated
with reference to the said stock of goods, wares, merchandise or any
part thereof.
Following the filing of the application, the Chief of Police
shall certify the information and the statements contained in the
application and shall report to the City Clerk.
Every person holding a license under this chapter shall be required
to keep the same at his business premises while engaged in the business
licensed, but must produce the license at the request of any official
of the City of Perth Amboy.
No license under the provisions of this chapter shall be granted
prior to ten (10) days after the filing of the application therefor,
and all such applications shall be open for public inspection during
that time.
[Amended 12-22-47 by Ord. No. C-376; 9-28-2011 by Ord. No.
1588-2011]
The license fee shall be one hundred dollars ($100) for each business day that such licensee shall desire to continue his license, payable in advance, or such current fee as may be reflected in Chapter
275 of the City Code establishing fee.
Each applicant shall at the time of filing his application submit
to the Police Department of the City of Perth Amboy for fingerprinting
and shall file at the same time with the City Clerk a personal photograph.
No auction sale shall take place one-half (1/2) hour after sundown
nor before sunrise.
The requirements of this chapter shall be held not to include
any auction sale conducted under authority issued by a court of judicial
authority in this state or under any statute authorizing same.
Every article to be offered for sale at public auction shall
have affixed thereto a tag or label which shall have plainly marked
thereon a true description and statement of quality of such article.
The word "person" as used in this chapter shall be construed
to mean an individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
Any person who shall violate any of the provisions of this chapter
shall be subject to a fine of not more than five hundred dollars ($500)
or to imprisonment for a term of not more than ninety (90) days, or
both, and each and every day that this chapter is violated in any
of its provisions shall be considered a separate and distinct offense.