[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 6-13-1955 by Ord. No. 1-32 (Ch. 52 of the 1975 Code). Amendments noted where applicable.]
[Amended 5-28-2002 by Ord. No. 02-13[1]]
No personal property (goods, wares or merchandise) shall be sold at auction in the Borough of Chatham except in compliance with the provisions of this chapter. It shall be unlawful to sell or cause or permit to be sold at auction any personal property (goods, wares or merchandise) in the Borough of Chatham unless such sale is conducted by an individual who has applied to the Borough Clerk and obtained an auctioneer's license from the Mayor and Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Mayor and Council are hereby authorized to grant or renew an auctioneer's license for any period of time not exceeding one year to any individual applying therefor on a form to be provided by the Borough Clerk, upon payment by the applicant of the fees provided for in § 83-3 of this chapter and the filing by the applicant of the bond required by § 83-4 of this chapter.
B. 
The form on which application shall be made for an auctioneer's license shall require the following information:
(1) 
Name of the applicant.
(2) 
Residence and business address of the applicant.
(3) 
The length of time for which an auctioneer's license is desired.
(4) 
A statement as to whether or not the applicant holds or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a full and accurate statement as to the reasons for any such refusals; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant, together with a full and accurate statement as to the reasons for any such revocation.
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed therefor.
(6) 
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches showing the head and shoulders of the applicant in a clear and distinguishing manner, except that the Mayor and Council may waive this requirement with respect to an application for renewal of an auctioneer's license issued under this chapter to a person who has, in a previous application under this chapter, complied with the requirement.
(7) 
The fingerprints of the applicant and the names of at least two reliable property owners of the Borough of Chatham, County of Morris, State of New Jersey, who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that the Mayor and Council may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this chapter who has, in a previous application under this chapter, complied with this requirement.
C. 
Before issuing an auctioneer's license to any individual applying therefor, the Borough Clerk shall refer the application to the Chief of Police, who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the Mayor and Council may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for an auctioneer's license under this chapter. The Chief of Police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the Mayor and Council whether or not the moral character and business responsibility of the applicant are satisfactory.
D. 
An auctioneer's license may be revoked by the Mayor and Council or an application for issuance or renewal of such license may be refused by the Mayor and Council if they determine, after notice and hearing:
(1) 
That the applicant or license holder is not an individual of good moral character and business responsibility; or
(2) 
That the application of the applicant or license holder contains any false, fraudulent or misleading material statement; or
(3) 
That the applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property (goods, wares or merchandise) in the Borough of Chatham; or
(4) 
That the applicant or license holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the Borough of Chatham; or
(5) 
That the applicant or license holder has violated any of the statutes of the State of New Jersey relating to auctions or auctioneers; or
(6) 
That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or
(7) 
That the applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares or merchandise) in the Borough of Chatham in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
E. 
Notice of the hearing provided for in Subsection D above shall be given in writing to the applicant or license holder, as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or license holder, as the case may be, at his last known address at least five days prior to the date set for hearing. The applicant or license holder, as the case may be, shall have the right to be represented at such hearing by counsel.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The fees for an auctioneer's license shall be as follows:
A. 
Two hundred dollars for a period of one year.
B. 
Ten dollars per day for any period less than one year.
Every applicant for an auctioneer's license shall file with the Borough Clerk a surety bond running to the Borough of Chatham in the amount of $2,000, with surety acceptable to and approved by the Borough Attorney, conditioned that the said applicant, if issued an auctioneer's license, will comply fully with all the provisions of the ordinances of the Borough of Chatham and the statutes of the State of New Jersey regulating and concerning auctions and auctioneers, will render true and strict accounts of all his sales to any person or persons employing him to make the same, will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee, his agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer.
A. 
No auction sale of personal property (goods, wares or merchandise) shall be conducted within the territorial limits of the Borough of Chatham except within the business district on Main Street between Hillside Avenue and Fairmount Avenue, and provided further that there shall be private off-street parking available and under the direct control of the operator of the auction to the extent that there shall be one parking space for each 100 square feet of selling area.
B. 
Application for a special permit to conduct an auction sale of personal property (goods, wares or merchandise) within other areas of the Borough of Chatham shall be made to the Borough Clerk, for consideration by the Mayor and Council, on a form to be provided by the Borough Clerk upon which shall be stated the nature and quantity of the goods to be sold and the number of days during which it is desired to conduct such auction sale and the reason why such auction cannot be conducted in conformance with Subsection A above, whereupon the Mayor and Council may grant the special permit upon the payment of a fee of $15, which fee shall be in addition to and not in lieu of the fees and bond provided for in §§ 83-3 and 83-4, respectively, of this chapter, upon the Mayor and Council's determination that there is good and sufficient reason for the issuance of such special permit. Such special permit shall specify the place or places to which it pertains and the number of days for which such special permit is valid.
C. 
The Mayor and Council may refuse to issue or renew such special permit or may revoke any special permit already issued if they determine that there is good and sufficient reason for such refusal or revocation.
D. 
No such special permit shall be issued to any individual except one to whom an auctioneer's license has been issued under § 83-2 of this chapter.
It shall be unlawful to conduct an auction sale of personal property (goods, wares or merchandise) on any of the streets, sidewalks or public property of the Borough of Chatham.[1]
[1]
Editor's Note: Former § 52-7, Night auctions of certain articles prohibited, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The provisions of this chapter shall not be applicable to auction 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.
B. 
The provisions of this chapter shall not apply to auctions conducted on the premises within the Borough of Chatham of any religious, fraternal or charitable corporation, association or organization, the net proceeds or profits of which auctions are devoted exclusively for religious, charitable, educational, benevolent or eleemosynary purposes, provided that notification of each such auction and of its purposes and of the name and address of such auctioneer conducting the same is filed by the sponsoring religious, fraternal or charitable corporation, association or organization with the Chief of Police at least 10 days in advance of such auction.
[Added 5-28-2002 by Ord. No. 02-13]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-14. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.