[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.
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.
A.
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:
(1)
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.
(2)
Applicant's address, including addresses of all names disclosed
in answer to Question (1) above.
(3)
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.
(5)
A statement as to the experience of the auctioneer and all the persons
engaged in the operation of the proposed auction.
(6)
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.
(7)
A description with specificity of the merchandise or product(s) sought
to be sold at auction.
B.
The applicant shall pay an application fee of $100 at the time of
filing the application, which is non-refundable.
C.
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.
A.
This chapter shall not be applicable to auctions conducted by:
(1)
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.
(2)
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.
B.
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.
