As used in this article, the following terms shall have the meanings
indicated:
SELLING AT AUCTION AND AUCTION
Include the offering for sale or selling of goods, wares, merchandise,
real estate and personal property by open competitive bidding or offering
for sale or selling of such property by the method known as "downhill selling,"
by which is meant the first offering of any article at a higher price and
then offering the same at successive lower prices until a bidder is procured.
Nothing contained in this article shall apply to judicial sales or incidental
sales by executors or administrators, by trustees under deed of assignment,
by lienors or by public officers in the manner prescribed by law or to sales
by local religious, educational, musical, parent-teacher, United States veterans,
benevolent or charitable organizations.
Section
48-3A and
B shall not apply to auction sales of goods, wares and merchandise in job lots or at wholesale or real estate, household goods, cattle and horses.
It shall be unlawful for any person, by himself or by any servant or
agent, to sell or offer for sale or cause or permit to be sold or disposed
of at auction within the corporate limits of the village any goods, wares,
merchandise, real estate and personal property without first having obtained
and paid for and having in full force and effect a license therefor as provided
in this article.
[Amended 12-7-1989 by L.L. No. 3-1989]
The fee for a license issued under this article shall be at such rates
as may be fixed, from time to time, by resolution of the Board of Trustees.
No license issued pursuant to the provisions of this article shall be
used by any person other than the original licensee, and any holder of such
license who permits it to be used by another and any person who uses such
license granted to another person shall be guilty of a violation of this article.
No person shall destroy, deface or injure a license issued under this
article in any manner or change the name, number or dates thereon.
Whenever a license issued under this article shall be lost or destroyed
without fault on the part of the holder, a duplicate license in lieu thereof,
under the original application, may be issued by the Village Clerk, in his
discretion, upon the filing with him of an affidavit by the licensee, setting
forth the circumstances of the loss and what, if any, search has been made
for its recovery and the payment of a fee of $20.