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City of Albany, NY
Albany County
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Table of Contents
Table of Contents
No person shall sell his goods at public auction in the City of Albany without first obtaining a public auction permit.
A person who intends on selling his goods at public auction shall not be required to obtain a public auction permit and pay the fee prescribed in § 121-6 if the public auction is to be conducted by a licensed auctioneer at the auctioneer's regularly maintained auction room.
No public auction shall be conducted within the City of Albany unless the public auction is conducted by an auctioneer licensed pursuant to § 121-13 of this chapter.
A. 
An application to conduct a public auction shall be submitted to the City Clerk. The application shall state:
(1) 
The name, home address and business address, if any, of the applicant.
(2) 
The address at which the public auction will be conducted.
(3) 
An inventory of the goods to be auctioned.
(4) 
The duration of the auction, including the hours of the auction.
(5) 
Any other information which the City Clerk deems necessary.
B. 
Applications must be filed not more than fifteen (15) days nor less than ten (10) days before the commencement of the public auction.
[Amended 11-25-2002 by Ord. No. 42.112.02]
A. 
Before a public auction permit is issued, the applicant shall pay a fee of $110 for any public auction.
B. 
No public auction may be conducted for a period in excess of fifteen (15) days.
There shall be attached to the application a written sworn inventory showing, in detail, the quantity, quality, kind or grade of goods proposed to be auctioned and a statement indicating that no goods belonging to any person other than the applicant are to be sold at public auction.
The City Clerk shall submit the applicant's inventory to the Chief of Police to review the goods specified in the inventory.
The issuance of a public auction permit shall rest in the discretion of the City Clerk. If, for any good and sufficient reason, after investigation, the City Clerk, in his opinion, deems the issuance of such permit inadvisable in the best interests of the City, he shall so notify the applicant in writing.
No public auction shall occur outdoors after 9:00 p.m. or indoors after 12:00 midnight and, in either case, before 8:00 a.m.
The Chief of Police shall be permitted to inspect the permittee's goods for the purpose of ascertaining whether the goods which are being sold comply with the representations made concerning the goods. Inspection shall be made during business hours only.
The City Clerk, in his discretion, may, for violation of any provision of this chapter, applicable state law or for any other sufficient reason, revoke the permit granted pursuant to this chapter. The City Clerk shall notify the permittee, in writing, of the revocation and reasons thereof.