[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 12-1979, effective 10-15-1979. Amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 92.
Dealers of secondhand articles — See Ch. 101.
Signs and Illumination — See Ch. 105.
Schedule of fees — See Ch. A142.
[1]
Editor's Note: See, generally, General Business Law, Article 3.
A.
No person shall conduct an auction sale of any personal
property without first obtaining a license for such sale from the Village
Clerk.
B.
Every such license shall contain the name and address
of the person to whom it is issued, and no person other than the one named
therein shall conduct any auction sale of personal property under such license.
No license shall be issued to any corporation not licensed to do business
in the State of New York.
C.
The fee for and duration of such license shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Village Clerk. The form for such application shall be as prescribed by the Village Clerk and shall set forth the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the person or firm which will
conduct the auction sale.
(3)
The name and address of the person for whose benefit,
behalf or account such personal property is to be sold.
(4)
The name and address of the person from whom such seller
received or accepted such personal property.
(5)
The location of any such personal property immediately
prior to the receipt or acceptance of the same by such seller for the purpose
of sale by auction.
(6)
The date of such receipt.
(7)
The place in which such personal property is to be held,
kept or stored until sold.
(8)
The place in which such personal property is to be sold.
D.
Applications must be filed not later than 30 days prior
to the starting day of the auction and must be accompanied by a complete inventory
of all articles to be sold, together with a description of the kind, quantity
and quality thereof.
During any auction sale, additions to the stock of merchandise set forth in the inventory referred to in the preceding section, not exceeding 5% of the value of goods described in such inventory, may be made. Additions greater than 5% but not exceeding 25% may be made, provided that the licensee files a sworn statement with the Village Clerk, at least 10 .days prior to the starting day of said auction, giving a complete inventory of the additional goods with the same information with reference thereto as is required by § 40-1C above.
No one auction sale shall continue for more than 30 days from the day of the beginning of the sale unless a new license is obtained in accordance with § 40-1. No auction sale shall beheld before 10:00 a.m. or after 10:00 p.m.
The preceding sections of this chapter shall not apply to auction sales
of the household goods or furnishings of a bona fide householder conducted
not more frequently than two days per year, private auction sales, legal or
judicial sales under and by virtue of any law of the State of New York or
subdivisions thereof or any law of the United States or to sales by a personal
representative of deceased or incompetent persons or guardians of minors.
The Mayor may waive the license requirement in the case of auctions
held by religious, civic or philanthropic organizations located in the Village,
or student groups pursuant to a school-sanctioned, class-sponsored fund-raising
program.
No person conducting an auction sale shall misrepresent the quality,
kind or value of any articles at such auction sale. No person shall auction
any personal property falsely representing that such personal property is
in whole or in part bankrupt or insolvent stock or damaged goods or goods
saved from fire or make any false statements as to the purchase, history or
character of such personal property. No licensee hereunder shall employ or
hire a person or accomplice to bid up the price or to make mock bids at any
auction.[1]
[1]
Editor's Note: See General Business Law § 24.
