For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
AUCTIONS and AUCTION BUSINESS
The business of offering for sale and selling at public sale personal
property to one who offers to pay the highest bid price therefor.
PERSONAL PROPERTY
Any goods, wares, work of art, commodity, thing, chattel or merchandise.
PUBLISH
Any and all means of conveying to the public notice of sale or notice
of intention to conduct a special sale, oral, written or printed.
SPECIAL SALE
Any sale of personal property or the publishing of a sale or an offering
for sale thereof to the public by forced sales at reduced prices, such as
insurance, bankruptcy, insolvency or sales of personal property damaged by
fire, smoke or water. It shall also include going-out-of-business, loss-of-lease
or termination-of-business sales so advertised and published so as to reasonably
convey to the public that, upon the disposal of the stock of goods on hand,
the business will be discontinued and cease.
Except as hereinafter permitted, no person shall conduct an auction
or engage in the auction business or conduct a special sale in the Village.
An auction or special sale may be conducted in the Village when a license
therefor has been obtained as provided in this chapter.
[Amended10-13-1992byOrd. No. 2375]
Licenses for auctions shall be issued for a period of three consecutive days or on an annual basis as applied for in accord with the fee schedule. Licenses for special sales and other than termination-of-business sales shall be issued for a period covering three consecutive days. Licenses for termination-of-business sales shall be issued for a period of 30 consecutive days. No license shall be issued unless the application therefor is accompanied by a fee payable to the Village in an amount as set forth in Chapter
145, Fees. No going-out-of-business sale shall continue for longer than 90 days. In the event that a license is applied for and issued for auction sales for a calendar year, the applicant shall notify the Village Clerk, in writing, at least three business days prior to each auction, furnishing the information required under §
107-4A(2),
(4),
(5),
(6),
(7) and
(8) of the Village Code.
Upon commencement of any auction or special sale, the license therefor
shall be conspicuously displayed near the entrance to the premises.
No additional merchandise of the type or kind described in the original
application shall be added to the inventory or list of personal property to
be offered for sale, except as herein set forth, and no special sale of the
type of fire, removal or going-out-of-business shall be permitted except for
personal property involved in such fire, removal or going out of business
in the premises where such sale shall be conducted, it being the intention
of this provision to protect the public against fraud or deception in such
sales, unless a complete report is filed with the Village Clerk within three
days of the date of conduct of said sale.
No poster, sign or other display or advertising matter shall be exhibited
upon the windows or doors of the premises upon which such auction or special
sale shall be conducted so as to prevent the interior thereof from being visible
and observable from the street fronting the same and upon the side street,
if such premises are located upon a corner property, for police and fire detection
purposes.
In the publishing of any notice of sale under this chapter, there shall
be stated the number and the date of the license required by this chapter
and the expiration date thereof.
The provisions of this chapter 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 or power of sale, whether by judicial
process or not.
No sale shall be conducted before 10:00 a.m. nor shall any sale terminate
after 10:00 p.m. without the applicant first having obtained the permission
of the Village Manager, in writing.