[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 3-1-1950 by Ord. No. 720. Amendments noted where applicable.]
GENERAL REFERENCES
License Department — See Ch. 59.
Precious metals — See Ch. 296.
Special sales — See Ch. 319.
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful for any person to sell, dispose of, or offer for sale in the Town of West New York, at public auction, any foods, wares or merchandise, real or personal, unless and until the person desiring to hold such auction shall obtain a license therefor.
Any person desiring to hold an auction, as in this chapter defined, shall file with the Town Clerk of the Town of West New York, 30 days previous to the opening day of such auction, a written application showing:
A. 
That said applicant has not been convicted of violating the laws of the State of New Jersey or this chapter or any other ordinance of the Town of West New York relating to auctions and auctioneers, or for fraud or deceit in the conduct of auctions.
B. 
That no auction has been held and no license has been issued for such auction within one year prior to such application.
C. 
That said applicant attach to said application a completely itemized list of all stock and merchandise intended to be auctioned and the applicant shall certify at the time of application that said list has not been ballooned or increased for the purpose of the auction.
[Amended 10-19-1977 by Ord. No. 1261]
D. 
That such applicant tender with the application a bond in the sum of $1,500 conditional for the observance of this chapter and for the indemnification of any purchaser at such auction applied for suffering loss by reason of misrepresentation as herein in this chapter defined.
E. 
That such applicant tender with the application a license fee in the sum of $250 which shall be returned to said applicant in the event said license is not granted and not returned to said applicant in the event said license is granted.
[Amended 10-19-1977 by Ord. No. 1261]
F. 
That the person consents to the forfeiture of the license in the event that the applicant or any of his servants or agents are convicted of a violation of any section of this chapter.
[Amended 10-19-1977 by Ord. No. 1261]
All auctions, as in this chapter defined, shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than three days in all from the commencement of said sale. No license shall be issued to a person, for the conduct of any auction such as is regulated by this chapter, who has held such an auction at any time within a period of one year from the proposed date of the auction for which the application is made. No license shall be issued to a person who has been convicted of violating the laws of the State of New Jersey or this chapter or any other ordinance of the Town of West New York relating to auctions and auctioneers or for fraud or deceit in the conduct of auctions. Any false or fraudulent statement or representations made by any applicant for the purpose of procuring a license shall be a violation of this chapter. At the close of each day's business and before the opening of the next day's sale, the licensee shall file with the Town Clerk an itemized list of the articles sold on the previous day's sale, which list shall identify such articles. Failure to file such sales list shall be deemed a violation of the chapter and the right to conduct further sales under such license shall be suspended during such delinquency.
No person shall offer for sale or sell at an auction as described in this chapter any jewelry as described in this chapter, unless there is securely attached to each of such articles, a tag or label upon which shall be plainly written or printed, in English, a true and correct statement of the kind and quality of the metal of which such article is made or composed, and the percentage or karat of purity of such metal; and in case such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate and the percentage of purity of such plating and the kind of material or metal covered; and when precious or semiprecious stones are offered for sale or sold, such written statement shall set forth the true names, weight, quality and color of said stones, and imitations shall be described as such; and when watches and clocks are sold, the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trademarks; neither shall secondhand nor old movements be offered for sale in new cases, without a true statement to that effect.
Such tag or label shall remain securely attached to any articles or merchandise, shall be delivered to the purchaser as a true and correct description and representation of the article sold and shall be deemed prima facie evidence of intent to defraud in case said written statement is not a true and correct description and representation of such articles sold.
At any such auction there shall be kept and maintained a sales book which must be signed by the purchaser of each article at the time of the purchase, and before any other article shall be exposed for sale, opposite a description of the articles sold which shall conform to the description on the tag or label required by § 121-4. Failure to keep and maintain such sales book shall be sufficient cause for the immediate revocation of the license. In the event that a sale has been declared to have been made but no purchaser comes forward and signs said sales book, then the next highest bidder shall have the right to sign the said sales book at the bid originally made by such bidder and to demand and receive the article exposed for sale. Said sales book shall be open and available for inspection during business hours.
It shall be unlawful for any person to act or to employ another to act as a bybidder, or what is commonly known as a "capper" or "booster," at any such auction sale; or to make or accept any false or misleading bid, or to pretend to buy, or sell any such aforesaid articles sold or offered for sale at any such auction.
It shall be unlawful to substitute another article for or in place of the article sold to the purchaser, and all articles being sold must at all times be kept within sight of the purchaser until delivered.
[Amended 10-19-1977 by Ord. No. 1261]
The licensee so selling and offering for sale any goods, wares or merchandise, real or personal, shall retain in his possession the money or other valuable thing or article received for the article or thing sold for at least 48 hours from the time such sale was made.
If any purchaser of such article or thing sold shall, within 48 hours, make a claim against said licensee upon the ground that the article or thing sold to him at auction was not as represented by the auctioneer, and shall demand of the licensee the return of the money or other consideration, and shall offer to return the article or thing purchased, then and in such case the licensee shall return to the purchaser the purchase price, or deposit with the Chief of Police, taking his receipt therefor, said purchase price as a fund to answer and pay any judgment that may be recovered against said licensee by the purchaser, provided that if no action shall be commenced against said licensee within 15 days from the date of such sale, the Chief of Police shall not be required longer to hold such money deposited with him and upon presentation of the receipt may return said money to the licensee, provided further that, in case the licensee shall refuse to return the price paid for such article or articles, the purchaser shall have the right to commence and maintain an action directly on the bond provided for by this chapter and in the name of the Town of West New York.
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful to conduct any auction sale between the hours of 6:00 p.m. and 8:00 a.m.
[Amended 10-19-1977 by Ord. No. 1261]
It shall be unlawful to conduct any auction sale during the month of December and no permit shall be granted extending the right to hold such auction between the first day of December and the 31st day of December in any year.
The Director of Public Affairs of the Town of West New York may revoke the license of any person whenever, in the judgment of said Director of Public Affairs, the protection of the public requires that such action be taken.
The Director of Public Affairs of the Town of West New York shall revoke the license of any person after a conviction for a violation of this chapter and an appeal taken from a conviction of said chapter shall not operate as a stay of the revocation of said license.
[Amended 10-19-1977 by Ord. No. 1261]
This chapter shall not be applicable to sales conducted by trustees in bankruptcy, receivers or other public officers acting under judicial process except that such public officers acting under judicial process shall be required to notify the Town Clerk of such auction at least seven days before the date thereof.
For the purposes of this chapter, daylight saving time shall be used when said time is in general use in this municipality; otherwise, Eastern standard time shall be used.
The word "person" is hereby declared to include any individual or individuals, copartners, corporations or associations; where a statement or act is requested to be made or done by a corporation, the same shall be effected by its duly authorized officers.
[Amended 10-19-1977 by Ord. No. 1261]
Any person violating any of the provisions of this chapter, shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I.