[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-23-1989 by L.L. No. 5-1989 as Ch. 67 of the 1989 Code. Amendments noted where applicable.]
When used in this chapter, the following terms shall mean or include:
- PERSONAL PROPERTY
- Includes all goods, wares, merchandise, commodities, compounds, things, chattels, jewelry and all other personal property of whatsoever form or nature, but does not include real property.
- PUBLIC AUCTION
- Includes any public offer to sell personal property to the highest bidder or to the person offering to pay the highest price therefor and shall be without qualifications or reservations, unless at the time of the offer of each article or parcel and before any bids are asked thereon a minimum price therefor be publicly stated.
- SALE AT PUBLIC AUCTION
- Shall not include judicial sales, sales by public officers in the manner prescribed by law, sales pursuant to statute to satisfy any lien on the property sold or resales pursuant to statute of property retaken under a conditional sales contract.
It shall be unlawful for any person to hold a public auction or to engage in the business of an auctioneer within the Village without a license issued therefor by the Village Clerk.
The fee for an auctioneer's license shall be $50, payable to the Village Clerk.
Every applicant for a license as auctioneer shall present to the Village Clerk a written application signed and duly verified by him and stating the following information:
His full name, age, residence by street, number and place and present occupation.
Whether he is a citizen of the United States and a resident of the State of New York.
His qualifications, including education and business engaged in during the past five years.
Where and when he has been previously licensed as an auctioneer.
Whether any previous license as auctioneer was canceled or revoked.
Such further facts as may be required by the Village Clerk to show the good character, competency and integrity of the applicant.
An applicant for a license issued pursuant to this chapter shall present to the Village Clerk with his application for such license a bond to the Village in the amount of $5,000, conditioned that he will faithfully observe the laws of the State of New York and the ordinances of the Village now in effect or hereafter enacted and that he will faithfully perform his duties as such auctioneer and render such accounts and pay such debts as may be required of him by law. Such bond shall be approved by the Village Attorney.
When required to do so by the Village Clerk, an applicant for a license to conduct an auction shall attach to the license application a written sworn inventory of the personal property to be offered for sale, specifying as to each item the quantity, quality, kind and grade and the material of which it is composed, with a distinctive number for each item, and that each and every article contained in said inventory is a part of the stock of goods of said person and has been a part of the stock of goods of said person for a period of at least 90 days prior to the date of the filing of said application and that no property purchased, procured or placed in stock specifically for such public auction is included therein.
Upon the Village Clerk's being satisfied of the good character, competency and integrity of the applicant and upon payment of the license fee as provided in § 169-2 of this Code, the Village Clerk shall issue to the applicant an auctioneer's license, authorizing him to conduct sales in the Village as provided by law and by this chapter.
A license issued under the provisions of this chapter shall not be assignable or transferable.
Each license issued pursuant to this chapter shall expire on the 31st day of December following the date of issuance of such license.
Generally. The Mayor may revoke any license granted to a public auctioneer issued pursuant to the provisions of this chapter if he shall have cause to believe that the holder of such auctioneer's license is violating any statute of the State of New York relative to auctions and auctioneers or any provision of this chapter. A conviction by a court of competent jurisdiction of such offense or recovery upon a bond pursuant to the provisions of this chapter shall be conclusive evidence of such violation.
Notice and hearing. The Mayor may, upon the complaint of any person, cause notice to be served upon the holder of such auctioneer's license, specifying the grounds of complaint or reason assigned for the revocation of such auctioneer's license, which notice shall fix a time and place at which the Mayor shall hear the evidence of the person making such complaint and such other evidence as may be presented to him or be in his possession, and the holder of such auctioneer's license shall have an opportunity to be heard in his own defense. If the Mayor shall believe that sufficient grounds exist, he shall revoke such auctioneer's license.
License fee nonreturnable. Whenever any auctioneer's license is revoked, no refund of any unearned portion of the fee for such license shall be made to the holder thereof.
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.