[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 5-11-93 as Ord. No. 93-33. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated herein:
- A sale of merchandise or property, as defined herein, to the highest bidder or by prices fixed by public bidding.
- A person or one who auctions merchandise or property, or one whose business is holding auctions.
- MERCHANDISE or PROPERTY
- All merchandise and personal property, goods, wares, works of art, commodities, chattels, and the like, but excluding specifically real property or real estate.
- Any natural person, corporation, partner-ship, business association, private association, any other organization or entity.
No person shall conduct an auction open to the public without first obtaining an auction license to conduct such auction in accordance with the terms of this chapter, and such persons shall comply with all the provisions of this chapter.
Any person seeking to obtain an auction license to conduct an auction within the Town of Secaucus shall file an application in the office of the Secaucus Town Clerk, which application shall set forth the following:
Full name of applicant. If the applicant is a corporation or business entity, the application shall disclose the full names of all principals of such corporation or business entity.
Applicant's address, including addresses of all names disclosed in answer to Question (1) above.
Exact location within the Town of Secaucus where the auction will be conducted, and exact dates of the said auction, with documentation of such representations.
A statement as to the experience of the auctioneer and all the persons engaged in the operation of the proposed auction.
Evidence of compliance with all state requirements relating to the activity for which the applicant is applying including, but not limited to, the auctioneer having a valid sales tax certificate proving that the auctioneer will pay all sales taxes collected.
A description with specificity of the merchandise or product(s) sought to be sold at auction.
The applicant shall pay an application fee of $100 at the time of filing the application, which is non-refundable.
A certificate or statement from the Secaucus Fire Inspector that the premises proposed to be used for the auction do not and will not violate any fire or other safety code requirement(s).
As a condition for the town issuing such auction license, the applicant shall post a cash bond of $2,500 with the Town of Secaucus for the protection of persons who purchase merchandise or property at the subject auction. Such bond shall be applicable for any auction wherein the duration of the said auction shall not exceed two business days or parts thereof. For each additional day or part thereof that an auction is conducted or scheduled, an additional $1,000 cash bond (per day) shall be required to be posted. The town shall hold such bond for 120 days after the conclusion of the last date of the auction, and release the same to the auctioneer provided that no person who was the high bidder and remitted money to the auctioneer has filed any civil action against the auctioneer alleging fraudulent or other dishonest conduct of the auctioneer within 120 days. In the event that any action is filed and proof of the same is provided to the Town of Secaucus, said money will be held until such civil action is adjudicated or by order of the Court. The town shall not release the bond or any portion thereof to anyone except the auctioneer, except with the consent of the auctioneer or by order of the Court.
Should any department of the Town of Secaucus file any action with respect to the auction or auctioneer, including but not limited to the Secaucus Department of Consumer Affairs, such bond shall be used to pay the costs of any penalty that may be imposed, subject to the approval of the court of appropriate jurisdiction.
The Mayor and Council of the Town of Secaucus or the Secaucus Director of Consumer Affairs, or their designee shall issue auction licenses hereunder upon receipt of a report reflecting favorably upon the applicant. No license shall be issued hereunder if it is determined that the applicant or a principal thereof has made any false representation in its application, or the applicant or a principal thereof has acted dishonestly, fraudulently, or it otherwise appears that it is not in the best public interest to issue such license.
In addition to the auctioneer being required to comply with all other laws of the United States of the State of New Jersey, and being subject to criminal prosecution for a violation of any such laws, it shall be unlawful for any person to:
An auction license issued hereunder shall authorize the applicant to conduct an auction for only the date(s) and place(s) set forth on the license, which date(s) and location shall correspond with the information set forth in the license application. Any additional date(s) or change in location shall require a new license therefor with applicant complying with all terms of such procedure including the remittance of the bond requirements. No auction license shall be valid for a period beyond 90 days from the date of its issuance.
Before a license is issued hereunder, the applicant shall file with the Town Clerk an instrument in writing nominating, constituting, and appointing the Town Clerk of the Town of Secaucus as the applicant's /auctioneer's true and lawful agent with full power and authority to acknowledge service of any notice of process on behalf of the applicant, which power and authority shall be for 180 days from the last date of auction.
This chapter shall not be applicable to auctions conducted by:
Any department or agency of the United States Government, State of New Jersey, or any political division thereof, or any other government agency or department.
Court appointed or approved trustees in bankruptcies, court appointed or approved executors, court appointed or approved administrators, or other public officers acting under judicial powers or court order.
The town shall be provided with documentation of such auctions exempted hereunder for such cause at least 10 business days prior to the first day of such auction.
The Mayor and Council or the Director of the Secaucus Department of Consumer Affairs, or their designee, may suspend immediately any license issued hereunder should it be determined that such applicant/auctioneer has violated any provision hereunder or it is determined that the suspension is necessary to protect the public.
Any person may appeal the determination of the Mayor and Council or the Director of the Secaucus Department of Consumer Affairs, or their designee, to the Mayor and Council upon filing a notice of appeal to said Mayor and Council within 10 days of such determination, whereupon such person or applicant shall be afforded the right to be heard, which hearing shall be heard within 10 days of such filing of notice to appeal; the Mayor and Council may affirm or reverse or modify such suspension, or may revoke the license.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 and not exceeding $1,000 or by imprisonment in the County Jail for a period not to exceed 90 days, or shall be required to perform community service for a period not to exceed 90 days, or both, as deemed appropriate by the Secaucus Municipal Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.