[HISTORY: Adopted by the Township Council of the Township of West Milford as Sec. 6-8 of the 1976 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance on Sundays — See Ch. 169.
Garage sales — See Ch. 174.
General licensing — See Ch. 203.
Peddling and soliciting — See Ch. 263.
As used in this chapter, the following terms shall have the meanings indicated:
AUCTIONEER
All persons who engage in the sale of goods, wares and merchandise, at sale or auction, to the highest bidder, or to others at prices fixed by bid.
PUBLIC AUCTION
The sale of goods, wares or merchandise to the highest bidder, or to others at prices fixed by bid.
No person shall act as an auctioneer or conduct a public auction without first obtaining a license therefor from the Township Council, in the manner provided in this chapter.
The annual license fee is set forth in Chapter 135, Fees and Costs, except that the fee may be prorated from the date of the filing of the application for the balance of the year. After a license has been issued, no refund of the fee or any portion thereof shall be made.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The applicant shall also deliver to the Township Clerk, together with the application and fee, a bond in the amount of $5,000 to the Township and its inhabitants protecting them against fraud or damage arising from the conduct of the auction.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-1-2004 by Ord. No. 2004-6]
The licensee shall provide and bear the expense for special police, appointed by the Township Administrator. The number of special policemen shall be determined by the Chief of Police, based upon the amount of traffic and number of patrons.
A. 
The licensee shall keep records on the licensed premises of the names and addresses of persons employed by him or transacting business with him.
B. 
The records shall at all reasonable times be open to the inspection of the Chief of Police, and to any person duly authorized in writing, for that purpose, by the Township Council.
A. 
No public auction shall be open for business or conducted on any Sunday or holiday.
B. 
No public auction sale shall be conducted between the hours of 12:00 midnight and 9:00 a.m.
A. 
Upon filing of an application and the accompanying fee and bond, the Township Clerk shall forthwith advise the Department of Health of the license application. The Department of Health shall, from time to time, inspect the premises of the licensee to determine the adequacy of the sanitary facilities, and shall report any violations to the Township Administrator.
[Amended 9-1-2004 by Ord. No. 2004-6]
B. 
The licensee shall comply with all state and municipal laws and rules and regulations.
Nothing in this chapter shall be deemed to apply to religious, charitable, civic or other organizations not organized for pecuniary profit, and who do not regularly engage in the business of auctions, nor to sales under court order or private single sale.