CROSS REFERENCE: For licensing and regulation of jewelry auctions, see Section 8:1-19 et seq.
[R.O. 1966 § 8:1-1]
As used in this Article:
Shall mean the stand or platform from which the public auction
sales are conducted.
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean any goods, wares, works of art, commodity, compound
or thing, chattel, merchandise or personal property which may be lawfully
kept or offered for sale.
Shall mean any sale, or offer to sell, other than through
bidding.
[R.O. 1966 § 8:1-2]
No person shall act as public auctioneer and no person shall
engage in the auction business, in whole or in part, or cause to be
held any public auction or public venue within the limits of the City,
without first obtaining a license so to do as hereinafter provided.
[1]
Editor's Note: For State Statute authorizing a municipality
to license and regulate public auctions and auctioneers, see N.J.S.
40:48-1(8); N.J.S. 40:52-1(i). Statutory regulations of auctions and
auctioneers are set forth in N.J.S. 45:17-1 et seq.; N.J.S. 45:17-5
provides that all public auction sales in cities of the first class
shall be conducted by licensed auctioneers only.
[R.O. 1966 § 8:1-3]
a.
Any person desiring a license under this Article shall file with
the Director an application, in writing and under oath, on a form
furnished by the Division of Tax Abatements/Special Taxes.
b.
The application shall state:
1.
The applicant's name, residence address, and length of time of continuous
residence in the City immediately prior to making an application;
2.
Length of time and places where applicant has resided for a period
of three years immediately prior to making the application;
3.
Whether any person or firm or corporation other than applicant has
any interest directly or indirectly in the license applied for or
in the business to be conducted, and if so, state the name, residence
and interest of each;
4.
If the applicant is a corporation: location of the registered office
in New Jersey and name of registered agent, date, and state of incorporation;
names and residences of all stockholders, directors and officers;
5.
Address of place of business;
6.
The number of convictions for crimes, misdemeanors and disorderly
persons offenses and the nature of the offenses for which convicted;
7.
The experience applicant has had as an auctioneer or as a person
engaged in the auction business;
8.
The place or places, and the time, that applicant has been so engaged
as an auctioneer or in the auction business;
9.
The names and address of the persons or bonding company who will
furnish the bond as hereinafter required;
10.
Such other information requested by the Director seeking to determine
the applicant's fitness, integrity and character.
[R.O. 1966 § 8:1-4]
a.
No license to act as a public auctioneer, or to engage in the auction
business, as required by this Article, shall be issued unless the
applicant is an individual, or if a corporation then each and every
officer thereof, shall have been a bona fide resident of the State
continuously for a period of at least three years immediately prior
to applying for the license; provided, however, that this paragraph
shall not apply to any person or corporation holding a license on
June 7, 1939 and continuously thereafter.
b.
No license, required by this Article, shall be issued by the Director
to any person unless the Director shall be satisfied that the applicant
is a person of good moral character.
[R.O. 1966 § 8:1-5]
The Director shall investigate or cause to be investigated each
application and the veracity of the contents therein, together with
the character and fitness of the applicant.
[R.O. 1966 § 8:1-6]
The Director shall, as a condition precedent to the granting
of the license to engage in the auction business, require the applicant
to enter into a bond to the City, with two responsible freeholders
as sureties or in lieu thereof, the bond of a surety company authorized
to do business under the laws of this State. The bond, after approval
by the Department of Law, shall be filed with the Director, and be
in the sum of $2,000 conditioned for the due observance of all ordinances
of the City now or hereafter adopted respecting the conduct or operation
of the auction business during the continuance of such business.
Such bond shall be for the benefit of any person who recovers
judgment against any licensee, under this Article by reason of any
damage sustained by such person as a result of having purchased any
article or commodity at a public auction sale conducted or operated
by the licensee, due to fraud or deceit practiced in effecting such
purchase or sale to such person. The bond shall also be for the protection
of persons and property and for the preservation of the safety and
property of the City and its inhabitants, and as may be now or hereafter
required by any statute, ordinance or regulation.
[R.O. 1966 § 8:1-7]
[R.O. 1966 § 8:1-8; Ord. 6 PSF-D, 8-3-2016 § 1; amended 12-21-2021 by Ord. No.
6PSF-a(s), 12-21-2021]
a.
The public auctioneer's license issued under this Article shall entitle
the licensee to operate anywhere within the City.
b.
The license issued under this Article to engage in the auction business
shall entitle the licensee to conduct and operate his auction business
only at the location specified in the application and in the license.
c.
All licenses issued, and renewals thereof, under this Chapter shall
expire biennially on April 30th after its date of issuance. If any
applicant obtains an initial license pursuant to this section after
the renewal date or in between a biennial cycle, the applicant will
pay a pro-rated application fee. The applicant's license will thereafter
expire on April 30th in accordance with the biennial licensing cycle.
The Division of Tax Abatements/Special Taxes shall establish administrative
rules and/or regulations pertaining to scheduling for the issuance
of a public auctioneer's license.
d.
Licenses shall not be renewed unless all the terms and conditions
of this Article have been complied with.
[1966 C.S. § 8:1-9; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
The biennial fee for the license required by this Article shall
be $300 for a public auctioneer and a like amount for any establishment
conducting a public auction business. The fee shall be payable upon
the presentation of the application and shall be returned, less the
sum of $20 in the event such license is not granted.
If the term for which such license is sought shall be less than
one year, the fee shall nevertheless be $150.
[R.O. 1966 § 8:1-10]
a.
No person, except a licensed auctioneer, or such person, authorized
by paragraph b of this section, shall sell or offer for sale, any
goods or merchandise in any manner similar to that of a public auction
or by public outcry, even though no competitive bids are solicited.
b.
No licensed establishment shall operate without licensed public auctioneers,
except that each licensed establishment may conduct its own business
on such licensed premises through its proprietor, or one of its proprietors
if a partnership, or one of its officers if a corporation, without
any further license.
[R.O. 1966 § 8:1-11]
a.
Each auctioneer shall, during the sale conducted under this Article,
cause his name to be conspicuously displayed on a sign at the place
where he shall conduct an auction sale, and only the name of the licensed
auctioneer actually selling at the sale shall be displayed on or about
the premises.
b.
Every advertisement of an auction sale under this Article to be held
in the City shall contain the name of the auctioneer conducting such
sale.
[R.O. 1966 § 8:1-12]
a.
It shall be unlawful for any auctioneer to accept anything other
than bona fide bids, and such auction sales are to be so conducted
as to dispose of merchandise to the highest bidder, unless terms otherwise
are publicly announced immediately before the sale.
b.
It shall be unlawful for any auctioneer in describing goods or merchandise
that are being auctioned, to directly or indirectly, either by act
of commission or omission, knowingly misrepresent the goods or merchandise
being auctioned.
c.
It shall be unlawful for any auctioneer to use or employ, or permit
to be used or employed, what is commonly called a "capper" or "shill"
or fake bidder.
d.
It shall be unlawful to sell what are commonly known as "blind packages,"
or articles which cannot be seen by bidders before bids are made.
e.
No licensed auctioneer or other person shall sell or attempt to sell
at public auction, any goods, chattels or personal property in or
upon any street or sidewalk in the City.
f.
No merchandise shall be sold at retail from the auction block.
g.
It shall be unlawful for any auctioneer to engage in what is commonly
called "barking," "ballyhooing," "ringing of bell" or the use of any
other noise device, in order to attract people passing the place where
any auction is being conducted to enter the place of business.
[1]
Editor's Note: For Statute authorizing a municipality to regulate
noise at auction sales, see N.J.S. 40:48-1(8).
[R.O. 1966 § 8:1-13]
It shall be unlawful to hold any public auction sale:
[R.O. 1966 § 8:1-14; Ord. 6PSF-A(S), 1-7-2016]
Every auctioneer or person engaged in the business of selling
goods at auction in the City, whether acting in his own behalf or
as the officer, agent or representative of another, shall, upon the
receipt or acceptance by him of any goods for the purpose of sale
at auction, and before offering the same or any part thereof for sale
at auction, write or cause to be written in a book to be kept by him
for that purpose the following:
a.
The name and address of the person who employed him to sell such
goods at auction;
b.
The name and address of the person for whose benefit, behalf or account
such goods are to be sold at auction;
c.
The name and address of the person from whom the auctioneer received
or accepted such goods;
d.
The name and address of the person who was the owner of such goods
immediately prior to such receipt or acceptance;
e.
The location, with street number, if any, of such goods immediately
prior to its receipt or acceptance;
f.
The date of the receipt or acceptance by the auctioneer of the goods;
g.
The place, with street number, if any, in which such goods are to
be held, kept or stored until sold or offered for sale at auction;
h.
The place, with street number, if any, in which such goods are to
be sold or offered for sale at auction;
i.
A description of such goods, the quantity thereof and the distinctive
marks thereon, if any;
j.
The terms and conditions upon which the auctioneer receives or accepts
such goods for sale at auction.
The book and the entries therein, shall, at all reasonable times,
be open to the inspection of the Director, the Chief of Police of
the City, any member of the Division of Police of the City and to
any other person who shall be duly authorized in writing for that
purpose and who shall exhibit such written authorization to such licensee.
[1]
Editor's Note: N.J.S. 45:17-1 et seq. provides for regulation
of auctioneers' record books and their inspection.
[R.O. 1966 § 8:1-15]
The Director may, upon his own initiative or upon the filing
of a written verified complaint by any person, investigate the actions
of any licensee.
[R.O. 1966 § 8:1-16]
The Director shall, after notice and hearing, have the power:
a.
To suspend a license for the unexpired portion of the license period
or part thereof;
b.
To revoke a license where the licensee has:
1.
Willfully made any false promise or misrepresentation;
2.
Pursued a flagrant and continued course of willful misrepresentation
or the making of false promise through agents, salespersons, advertisements
or otherwise contrary to this Article;
3.
Failure to account for or to pay over any moneys coming into his
possession and belonging to others;
4.
Made false statements in the application for a license;
5.
By his conduct demonstrated unworthiness, incompetency, bad faith
or dishonesty; or
6.
Violated any of the provisions of this Article.
[R.O. 1966 § 8:1-17]
The provisions of this Article shall not apply to auction sales of jewelry regulated by Article 2 of this chapter, Section 8:1-19 et seq., nor to 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.
[R.O. 1966 § 8:1-18]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
|
CROSS REFERENCE: For licensing and regulation of auctions and auctioneers, see Section 8:1-1 et seq.
|
[R.O. 1966 § 8:1-19]
As used in this Article:
Shall mean the sale or offering for sale to a bidder of any
jewelry in any place where any and all persons who may choose are
permitted to attend and offer bids.
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean diamonds or any other precious stones or semi-precious
stones or any article ornamented therewith, or imitations thereof,
watches, clocks or other timepieces, gold, silver or plated ware,
and goods, wares and merchandise commonly classified as jewelry and
of any kind and nature whatsoever.
[R.O. 1966 § 8:1-20]
No person shall sell or offer for sale at auction or cause to
be sold or offered for sale at auction any jewelry without first obtaining
a license therefor as hereinafter provided.
[R.O. 1966 § 8:1-21]
a.
Any person desiring a license under this Article shall file with
the Division of Tax Abatements/Special Taxes an application, in writing,
and under oath, on a form furnished by the Division of Tax Abatements/Special
Taxes.
b.
The application shall state:
1.
The applicant's name, residence address and place of business;
2.
The character of business in which the applicant has been engaged
during the two years immediately preceding the making of the application;
3.
The name and address of each person who will participate in conducting
the sale by auction and whether he is a licensed auctioneer;
4.
Whether any additions to the stock of jewelry, as set forth in the
inventory required to be furnished as provided in subparagraph c,1
of this section proposed to be sold at the sale by auction, have been
made with a period of 60 days prior to the date of the application,
and if so, the applicant shall furnish a separate inventory thereof
in the same manner as provided in subparagraph c., 1;
5.
Whether, after filing such application and until the end of the sale
by auction, applicant will make any additions or permit any additions
to the stock of jewelry described in the inventory provided for in
subparagraph c., 1 of this section;
6.
Whether the applicant had conducted or caused to be conducted any
sale by auction of jewelry, within the City, within a period of three
years immediately preceding the filing of the application, and if
so, a brief description of the character of such auctions and a statement
of the time when held and the place where held;
7.
Whether applicant has owned or conducted within two years prior to
the filing of the application, any other store or place of business
than the one mentioned as his regular place of business in the application,
and if so, where such other store or place of business were located
and the character of business operated by each;
8.
The purpose for which sale by auction is proposed to be held;
9.
Whether the applicant or any person he proposes to use as an auctioneer
or other employee at the proposed auction sale has been convicted
of any crime, misdemeanor, disorderly persons offense or of any violation
of any ordinance of the City; and if so the nature and dates of convictions
thereof.
c.
The application shall be accompanied by:
1.
A true and correct detailed inventory, item by item and article by article, listing each separate article proposed to be sold at the sale by auction and describing the same as it is or will be described on the label to be attached as required by Section 8:1-28 of this Article and shall cause each separate article in the inventory to be given a number. The inventory shall also set forth, opposite the description of each article, the actual cost price thereof to the applicant. The applicant shall verify the inventory by his personal oath or affirmation;
2.
A good and sufficient bond in the sum of $2,500 with two or more
sureties thereon who shall be freeholders within the City, or with
the surety thereon of a surety company authorized to do business in
the State. The bond, after approval by the Department of Law, shall
be filed with the Director and shall be conditioned upon the faithful
performance of all the conditions and regulations of this Article;
and the undertaking thereof shall be for the benefit of the City and
of any purchasers at a public auction held pursuant to the provisions
of this Article who suffer any loss by reason of fraud or deceit practiced
in effecting a sale at such public auction to such purchaser;
[R.O. 1966 § 8:1-22]
a.
No license for any sale by auction of jewelry shall be granted to
any person who has not been continuously engaged in a regularly established
jewelry business in the City for a period of two years next preceding
the filing of his application.
b.
No license for any sale by auction of jewelry shall be granted to
any person if it appears that the applicant, or any agent or affiliate
of the applicant or other person who has acted on his behalf, has
within a period of two years prior to the application conducted or
has been licensed to conduct a similar sale by auction under this
Article in the same place of business or at any other place in the
City.
c.
No person who has been convicted of a violation of this Article shall
be granted a license, or act as an auctioneer, or be employed in any
manner at or in connection with any sale by auction licensed under
this Article within a period of two years after such conviction.
[R.O. 1966 § 8:1-23]
The Director shall investigate or cause to be investigated each
application and the veracity of the contents therein, together with
the character and fitness of the applicant.
[R.O. 1966 § 8:1-24; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
After a satisfactory investigation as required by Section 8:1-23, the Director may issue the license.
b.
Such license shall not be transferable.
c.
The license fee shall be $200 which shall be payable biennially upon
the presentation of the application and shall be returned in the event
the application is not granted.
[R.O. 1966 § 8:1-25]
No sale by auction of jewelry shall be licensed:
[R.O. 1966 § 8:1-26]
No sale of jewelry by auction shall be held:
a.
Between the hours of 6:00 p.m. and 8:00 a.m. of the following day,
and during these prescribed hours the place of such auction shall
not be open for business;
b.
On a Sunday or legal holiday;
c.
For a period of more than 30 consecutive days, Sundays and legal
holidays excepted; or
d.
For the period during the months of June and December.
[R.O. 1966 § 8:1-27]
No sale by auction of jewelry shall be held except at the applicant's
existing regularly established place of business wherein his regular
business has been operated for a period of at least two years prior
to the filing of the application.
[R.O. 1966 § 8:1-28]
a.
No person shall sell, expose or offer for sale at public auction
any article of jewelry unless there is securely attached a card, ticket,
tag or label, upon which shall be placed a number corresponding to
the number of that article which is identified in the inventory required
pursuant to Section 8:1-21c.1 and containing a true and correct statement
plainly written or printed in English stating:
b.
If such articles offered for sale are plated or overlaid, then the
card, tag, ticket, or label shall contain a true statement of the
kind of plate and the nature of the metal covered by the plate.
c.
When diamonds or other precious stones are offered for sale as such
or as a part of an article of jewelry, such written statement shall
state the true name, weight and quality of such stone.
d.
When semi-precious stones are offered for sale as such or as a part
of an article of jewelry, such written statement shall set forth the
true name of such stones.
e.
When imitations of diamonds, other precious stones or semi-precious
stones are offered for sale as such or as a part of an article of
jewelry, such imitations shall be described or defined as synthetic
or as imitations of such stones as they purport to represent.
f.
When watches and clocks are offered for sale, such written statement
shall set forth the true name of the manufacturer thereof and no parts,
movements or mechanisms of other watches or clocks shall be substituted
for those originally composing such watches or clocks, nor shall any
false or misleading names or trademarks be used or substituted in
connection with such watches or clocks or the works thereof, nor shall
any secondhand works be enclosed in any new watch case or clock case
and offered for sale as new. All such substitutions shall be shown
upon such card, tag, ticket or label and such fact plainly stated
by the auctioneer in offering such article for sale.
g.
If any secondhand jewelry shall be offered for sale, such fact shall
appear upon the card, tag, ticket or label attached to the article,
and shall also be publicly stated by the auctioneer conducting such
sale. Such card, tag, ticket or label shall remain securely attached;
shall be delivered to the purchaser as a true and correct description
and representation of the article sold; and shall be deemed prima
facie evidence of intent to defraud in case such written statement
is not a true and correct description and representation of such articles
sold.
[1]
Editor's Note: For Statute regulating tagging of second hand
watches, see N.J.S. 45:22-35.
[R.O. 1966 § 8:1-29]
During any such sale by auction no additions whatsoever shall
be made to the stock of merchandise set forth in the inventory attached
to the application, and nothing shall be offered for sale or sold
at any such sale which is in addition to the stock of merchandise
described in the inventory or which has been added to the licensee's
stock within a period of 60 days prior to the filing of the application.
[R.O. 1966 § 8:1-30]
At or before 10:00 a.m. of each morning during the continuation
of any auction sale under this Article, the person conducting the
same shall file with the Director a complete list of the articles
sold at such sale on the previous day showing the names and addresses
of the purchasers and the true price received for each article sold.
There shall be attached to such record an affidavit by the person
conducting the sale that the record is a true and correct statement
of all sales on such previous day. Such daily reports when filed shall
be kept open for the inspection of the public as a public record.
[R.O. 1966 § 8:1-31]
Whenever any such licensed sale by auction is being conducted,
the person to whom the license has been granted, or if a corporation,
an officer thereof, shall remain in continuous attendance at all times
while such sale by auction is being conducted, and the licensee shall
be responsible for any violation of this Article.
[R.O. 1966 § 8:1-32]
Every advertisement of an auction sale under this Article to
be held in the City shall contain the name of the auctioneer conducting
such sale.
[R.O. 1966 § 8:1-33]
a.
It shall be unlawful for any licensee, his agents, auctioneers or
employees to make any statements which are false in any particular,
or which have a tendency to mislead, or to make any misrepresentations
whatsoever with reference to any article sold or offered for sale
during such auction.
b.
No person conducting such sale at auction shall employ or use what
is commonly known as a "shill," "by bidder," "capper," or "booster,"
nor shall the auctioneer at such sale accept nor pretend to accept
any false, misleading or fictitious bids for any articles offered
for sale, but every sale shall be bona fide and for cash. The auctioneer
at such sale shall recognize no bidder for any article exposed for
sale, unless such bidder, in bidding, shall extend his arm above his
head so as to be plainly seen and identified as such bidder by those
present, and each article sold shall be immediately and publicly delivered
to the successful bidder therefor, and the amount of the bid then
and there publicly paid for such article by the purchaser.
c.
No licensed auctioneer or other person shall sell or attempt to sell
at public auction, any goods, chattels or personal property in or
upon any street or sidewalk in the City.
d.
No merchandise shall be sold at retail from the auction block.
e.
It shall be unlawful for any auctioneer to engage in what is commonly
called "barking," "ballyhooing," "ringing of bell," or the use of
any other noise device, in order to attract people passing the place
where any auction is being conducted to enter the place of business.
[1]
Editor's Note: For Statute authorizing a municipality to regulate
noise at auction sales, see N.J.S. 40:48-1(8).
[R.O. 1966 § 8:1-34]
The Director may, upon his own initiative or upon the filing
of a written verified complaint, by any person, investigate the actions
of any licensee.
[R.O. 1966 § 8:1-35]
The Director shall have the power to suspend for the unexpired
portion of the license period, or for a period less than the unexpired
portion of the license period, or to revoke any license issued under
the provisions of this Article, upon good cause and for a violation
of any of the provisions of this Article, after a hearing upon at
least five days' notice at which the licensee shall have an opportunity
to be heard. The Director shall have the right to suspend the license
pending the hearing.
[R.O. 1966 § 8:1-36]
The provisions of this Article shall not apply to any sale which
is to be held under a judicial order, judgment or decree or a writ
issuing out of any court or to enforce any lawful lien whether by
judicial process or not; nor to any sale by a person who has been
licensed to engage in the auction business in the City and has engaged
therein at a regularly established place of business for a period
of at least five years prior to the date of any auction sale of jewelry.
[R.O. 1966 § 8:1-37]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term, not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
