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Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
As used in this article, the following terms shall have the meanings indicated:
AUCTIONEER
Includes any person, other than a corporation, selling or offering for sale, for another or for himself, at public auction any goods, wares, merchandise, real estate or personal property of any description, except as otherwise provided in this article.
Nothing contained in this article shall apply to judicial sales by public officers in the manner prescribed by law.
No auctioneer shall:
A. 
Make any false representation as to the character, quality, condition, previous history, value or ownership of any property offered for sale.
B. 
Substitute any other article for the article sold to the bidder.
C. 
Bid on any property offered for sale by himself, and no person shall act as an accomplice or capper for the purpose of making mock bids at any auction.
D. 
Employ a bellman, crier, instrument of music or means of attracting the attention of passersby, other than a sign or flag which shall bear the license number of the license issued pursuant to the provisions of this article.
E. 
Conduct any auction sale for a transient merchant or other person who has not procured a license required by law or ordinance or whose license has expired or been revoked.
F. 
Receive for sale by auction or sell by auction any goods, wares or merchandise from or to any minor, knowing him to be such.
A. 
Every auctioneer 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 the purpose:
(1) 
The name and address of the person for whose benefit, behalf or account such goods are to be sold at auction.
(2) 
The name and address of the person from whom such auctioneer received or accepted such goods.
(3) 
The name and address of the person who was the owner, the authorized agent of the owner or the consignor of such goods immediately prior to the receipt or acceptance for the purpose of sale at auction of the same by such auctioneer.
(4) 
The location, with street and number, if any, of such goods immediately prior to the receipt or acceptance of the same by such auctioneer for the purpose of sale at auction.
(5) 
The date of the receipt or acceptance by such auctioneer of such goods for the purpose of sale at auction.
(6) 
The place, with street and number, if any, in which such goods are to be held, kept or stored until sold or offered for sale at auction.
(7) 
The place, with street and number, if any, in which such goods are to be sold or offered for sale at auction.
(8) 
A description of such goods, the quantity thereof and the distinctive marks thereon, if any.
(9) 
The terms and conditions upon which such auctioneer receives or accepts such goods for sale at auction.
B. 
As used in this section, the following terms shall have the meanings indicated:
GOODS
Any goods, wares, work of art, commodity, compound or thing, chattels, merchandise or personal property which may be lawfully kept or offered for sale, but shall not include goods damaged at sea or by fire and sold or to be sold for the benefit of the owners, insurers or for the account of whom it may concern or goods sold by virtue of judicial decree.
C. 
Nothing in this section shall apply to the sale of real property at auction.
D. 
The record book and the entries therein made as provided in this section shall, at all reasonable times, be open to the inspection of the Mayor, the Chief of Police and the District Attorney and any person who shall be duly authorized in writing for that purpose by any or either of them and who shall exhibit such written authorization to such auctioneer.
No person having a license granted under this article shall delegate his power to any clerk, partner or person, but the privilege given shall be personal to the person named in the license and shall be exercised by him alone.
It shall be unlawful for any person to conduct or to represent, circulate or place before the public any announcement that he conducts the business of an auctioneer without first having obtained and paid for and having in full force and effect a license therefor as provided in this article.
A. 
Every person desiring to procure a license as provided in this article shall file with the Village Clerk a written application upon a blank form prepared and furnished by the village.
B. 
Such application shall contain the name and business and residence addresses of the applicant, the length of time such applicant has resided in the village, his previous employment and where, whether married or single, whether he has ever been convicted of a misdemeanor or felony and, if so, what offense, when and in what court, whether he has either alone or with someone else ever engaged in the business of auctioneer and, if so, when and where, and the length of time for which the license is desired.
C. 
Such application shall be signed and acknowledged before a notary public or other official authorized to administer oaths in the village.
A. 
The application required by this article shall be accompanied by a bond to the village, approved as to form and manner of execution by the Village Attorney, in the penal sum of $10,000, with at least two sufficient sureties approved by the Village Attorney, conditioned that he will faithfully perform his duties as such auctioneer as required by law and ordinances now or hereafter enacted and render such accounts and pay such duties as may be required of him by law.
B. 
Upon conviction of a violation of any of the provisions of this article, the bond of any person licensed under the provisions of this article shall be forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the village and the amount thereof may be recovered in a civil action based on such forfeiture.
When an application is filed, the Village Clerk shall cause an investigation to be made by the Police Department to ascertain whether the applicant is of good character and repute. The police shall furnish to the Village Clerk the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
A license required by this article shall not be granted to any person who has been convicted of violating the laws of the State of New York or ordinances of the village relating to auctions and auctioneers or for fraud or deceit in the conduct of auctions.
[Amended 12-7-1989 by L.L. No. 3-1989]
The fee for license issued to an auctioneer under the provisions of this article shall be at such rates as may be fixed, from time to time, by resolution of the Board of Trustees.
A. 
Upon the filing of the application, bond and information as provided in this article, the Village Board of Trustees may, upon its approval of such application and the payment to the village of the license fee provided for in this article, issue to the applicant a license to engage in the business as provided in § 48-19.
B. 
All licenses shall be numbered in the order in which they are issued and shall state clearly the dates of issuance and expiration of the license, the fee paid and the name and business address of the licensee.
C. 
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
No auctioneer shall refuse to exhibit his license to any police officer, peace officer or any village official upon demand at the place where an auction is being conducted.
No license issued under 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 person and any person who uses such license granted to another person shall be guilty of a violation of this article.
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 and bond, 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 to him of $20.
No person shall destroy, deface or injure a license in any manner or change the name, numbers or date thereon.
A. 
The license of any person issued under this article shall be deemed automatically revoked upon a conviction of such person for a violation of any of the provisions of this article.
B. 
The Village Board of Trustees may, at any time for such cause as it deems sufficient, upon investigation, revoke any license granted under the provisions of this article.
C. 
Whenever any license shall be so revoked pursuant to the provisions of Subsection B of this section, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked in the discretion of the Village Board of Trustees within a period of two years from the date of revocation.
D. 
Notice of revocation and the reason or reasons therefor, in writing, shall be served by the Village Clerk upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of such notice with the Village Clerk.