Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 44-1 - 44-18 adopted as amended through December 31, 2013. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
The public sale of personal property to one who offers to pay the highest price.
One who auctions personal property and one whose business is holding auctions.
Every natural person, entity, association or corporation whether profit or nonprofit.
Any building, outdoor area or other area to which the public is invited or may enter.
Any goods, wares, works of art, commodity, compound or thing, chattels or merchandise.
No person shall act as an auctioneer and no person shall engage in the auction business or cause any public auction to be held in the Township unless he/she first obtains a license from the Township Council as hereinafter provided.
Any application to the Township Council for a license under this Chapter shall be made on a form to be furnished by the Township Clerk. The completed application shall be returned to the Township Clerk's Office for processing. In addition to the completed application the applicant may be required to submit additional documentation, including but not limited to a sketch, floor plan, building layout, diagram, and/or Certificate of Occupancy as applicable to the application.
All license applications under this Chapter are subject to an Administrative review as applicable to the application before it is presented to the Township Council for consideration. Upon completion of the Administrative review a written report shall be filed with the Township Clerk.
Each license granted to an individual auctioneer shall entitle the licensee to operate anywhere in the Township during the period for which the license is issued. The license issued for an auction business shall apply only to the location disclosed in the application.
The daily license fee for auctioneers shall be as provided in Chapter 75, Fees, for each day that the license is to be in force. An applicant for an auctioneer's license may, in lieu of paying a daily license fee, pay a license fee as provided in Chapter 75, Fees, which shall entitle him/her to a license which will expire on December 31 of the year in which it is issued. Said license fee shall be paid at the time of filing the application therefor.
The annual license fee for a person engaged in the public auction business shall be as provided in Chapter 75, Fees, which shall be paid upon the filing of the application. The license issued for an auction business shall expire on December 31 of the year in which it is issued.
All licenses under this article are subject to all applicable requirements, fees and Township Council approval prior to the issuance of the license by the Township Clerk.
License shall be conspicuously displayed on premises in such plain view as to be easily read by all persons entering the premises and in such a manner and place that it may be seen by anyone entering the premises.
All persons licensed under this Chapter shall keep books in which shall be entered all details relating to the conduct of the business. The books shall be open to reasonable inspection by duly authorized officers of the Township.
It shall be unlawful for any licensee to represent falsely the character, quality, condition, value or ownership of any goods or to make any statements relating thereto likely to deceive a prospective bidder.
No person holding a public auction license shall use or employ an individual as an auctioneer unless said individual has obtained an auctioneer's license as provided in this Chapter.
It shall be unlawful for any person to:
Act as a by-bidder or what is commonly known as a "capper" or "booster" at any public auction.
Offer or make false bids on any personal property exposed or offered for sale at such auction.
Pretend to buy anything at any public auction sale in order, in any manner, to stimulate such sales by any deceit or misrepresentation in the making of bids or offers for the purchase of any personal property exposed or offered therein for sale.
Every person seeking a license under this Chapter shall comply with all federal, state, municipal laws and regulations.
All licensed premises under this Chapter are subject to inspection by Township Officials.
Any license granted under this Chapter shall only be valid to the person to whom it was granted and shall not be transferable to any other person.
In addition to any penalty prescribed, any license under this Chapter is subject to suspension or revocation for violating any provision of this Chapter or where the operation of the licensed premises is otherwise detrimental to the preservation of the health, safety and welfare of the public. The licensee shall be served with a written complaint from the Township Clerk's Office along with a notice to appear before the Township Council for a hearing. Such service shall be made by personal service or certified and regular mail at least 10 days before the hearing date. The Township Council after such hearing may suspend or revoke license.
No auction business shall be conducted except in an enclosed building.
No loudspeaker or other amplifying device shall be maintained or operated so as to project any sound outside of the licensed building.
This chapter shall not be applicable to sales conducted by trustees in bankruptcy, executors, administrators or other public officers acting under judicial powers.
See Chapter 1, Section 1-15, Violation and penalties.