[HISTORY: Adopted by the Common Council of
the City of Amsterdam 10-5-1954. Amendments noted where applicable.]
GENERAL REFERENCES
Pawn shops and secondhand dealers — See Ch. 169.
No personal property (goods, wares and merchandise)
shall be sold at auction in the City of Amsterdam, New York, except
in compliance with the provisions of this chapter. It shall be unlawful
to sell or cause or permit to be sold at auction any personal property
(goods, wares and merchandise) in the City of Amsterdam, New York,
unless such sale is conducted by an individual who has applied for
and obtained an auctioneer's license from the City Clerk.
A.
The City Clerk is hereby authorized to grant or renew an auctioneer's license for any period of time not exceeding 30 days, which application shall be filed with the City Clerk not later than 30 days prior to the proposed sale by auction, to any individual applying therefor, on a form approved by the City Clerk, upon payment by the applicant of the fees provided in § 77-3 of this chapter and upon filing by the applicant of the bond required by § 77-4 of this chapter. In addition, an application fee of $5 is required.
[Amended 7-5-1988]
B.
The form on which such application shall be made for
an auctioneer's license shall require the following information:
(1)
The name of the applicant.
(2)
The residence and business address of the applicant.
(3)
The length of time for which an auctioneer's license
is desired.
(4)
A statement as to whether or not the applicant holds
or has held an auctioneer's license from any state, municipality,
governing body or licensing authority; a list of such licenses and
a statement of the time, place and by whom issued; a statement as
to whether any state, municipality, governing body or licensing authority
has ever refused to issue or to renew an auctioneer's license to the
applicant, together with a full and accurate statement as to the reasons
for any such refusal; and a statement as to whether any state, municipality,
governing body or licensing authority has ever revoked an auctioneer's
license held by the applicant, together with a full and accurate statement
as to the reasons for any such revocation.
(5)
A statement as to whether or not the applicant has
ever been convicted of any crime, misdemeanor or violation of any
municipal ordinance and, if so, the nature of the offense and the
punishment or penalty assessed therefor.
(6)
A photograph of the applicant taken within 60 days
immediately prior to the date of the filing of the application, which
picture shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner, except that
the City Clerk may waive this requirement with respect to an application
for renewal of an auctioneer's license by an individual holding an
unexpired auctioneer's license issued under this chapter who has in
a previous application under this chapter complied with this requirement.
(7)
The fingerprints of the applicant and the names of
at least two reliable property owners of the County of Montgomery,
State of New York, who will certify as to the applicant's good moral
character and business responsibility or, in lieu of the names of
references, any other available evidence as to the good moral character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such moral character and business responsibility,
except that the City Clerk may waive this requirement with respect
to an application for renewal of an auctioneer's license by any individual
holding an unexpired auctioneer's license issued under this chapter,
who has in a previous application under this chapter complied with
this requirement.
(8)
A sworn statement or inventory of the stock on hand
and the stock to be offered at auction, the quality, kind or grade
of each item, the wholesale market value thereof and the name of the
owner of the merchandise for at least one year prior to the date of
the proposed auction.
(9)
Such other and further information as the City Clerk
may require shall be furnished by the applicant.
C.
Before issuing an auctioneer's license to any individual
applying therefor, the City Clerk shall refer the application to the
Chief of Police, who shall cause to be made such investigation of
the applicant's moral character and business responsibility as he
deems necessary for the protection of the public good, except that
the City Clerk may waive this requirement with respect to an application
for renewal of an auctioneer's license by any individual holding an
unexpired auctioneer's license issued under this chapter, if an investigation
of such applicant's moral character and business responsibility has
previously been made under this section in connection with a prior
application for an auctioneer's license under this chapter. The Chief
of Police shall cause the investigation herein provided for to be
made within a reasonable time and shall certify to the City Clerk
whether or not the moral character and business responsibility of
the applicant is satisfactory.
D.
An auctioneer's license may be revoked by the City
Clerk or an application for issuance or renewal of such license may
be refused by the City Clerk if he determines, after notice and hearing,
that:
(1)
The applicant or license holder is not an individual
of good moral character and business responsibility;
(2)
The application of the applicant or license holder
contains any false, fraudulent or misleading material statement;
(3)
The applicant or license holder has made any false,
fraudulent or misleading material statement in the course of conducting
an auction sale of or in offering for sale at auction any real or
personal property (goods, wares and merchandise) in the City of Amsterdam;
(4)
The applicant or license holder has perpetrated a
fraud upon any person, whether or not such fraud was perpetrated in
the conduct of an auction in the City of Amsterdam;
(5)
The applicant or license holder has violated any of
the statutes of the State of New York relating to auctions or auctioneers;
(6)
The applicant has been convicted of any crime or misdemeanor
involving moral turpitude; or
(7)
The applicant or license holder has conducted an auction
sale of or offered for sale at auction any real or personal property
(goods, wares and merchandise) in the City of Amsterdam in an unlawful
manner or in such a manner as to constitute a breach of the peace
or a menace to the health, safety or general welfare of the public.
E.
Notice of the hearing provided for in § 77-2D above shall be given, in writing, to the applicant or license holder, as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or license holder, as the case may be, at his last-known address at least five days prior to the date set for hearing. The applicant or license holder, as the case may be, shall have the right to be represented at such hearing by counsel.
F.
Any individual aggrieved by the action of the City Clerk in refusing to issue any license or in revoking any license already issued shall have the right to appeal to the Council of the City of Amsterdam. Such appeal shall be taken by filing with the Council or person designated by it, within 14 days after the notice of the action complained of has been mailed, postage prepaid, to such individual's last known address, a written statement setting forth fully the grounds of appeal. The Council shall set a time and place or hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 77-2E. The applicant shall have the right to be represented at such hearing by counsel. The decision and order of the Council on such appeal shall be final and conclusive.
[Amended 7-5-1988; 6-3-2008 by Ord. No. 2008-4]
The license fee which shall be charged by the
City Clerk for such license shall be $25 per occasion. The City Clerk
shall charge a licensing fee of $100 per year for auctions held periodically
at a set location.
[Amended 7-5-1988]
Every applicant for an auctioneer's license
shall file with the City Clerk a surety bond running to the City of
Amsterdam in the amount of $5,000, with surety acceptable to and approved
by the Corporation Counsel, conditioned that said applicant, if issued
an auctioneer's license, will comply fully with all the provisions
of the ordinances of the City of Amsterdam and the statutes of the
State of New York regulating and concerning auctions and auctioneers,
will render true and strict accounts of all his sales to any person
or persons employing him to make the same, will not practice any fraud
or deceit upon bidders or purchasers of property from him at any auction
sale or permit any person in his employ to practice any such fraud
or deceit and will pay all damages which may be sustained by any person
by reason of any fraud, deceit, negligence or other wrongful act on
the part of the licensee, his agent or employees in the conduct of
any auction or in the exercise of the calling of the auctioneer. A
liability insurance policy issued by an insurance company authorized
to do business in the State of New York, which conforms to the above
requirements, may be permitted by Corporation Counsel, in his discretion,
in lieu of a bond.
A.
It shall be unlawful to conduct an auction sale of
personal property (goods, wares and merchandise) on any of the streets,
sidewalks or public property of the City of Amsterdam.
B.
No person who has been convicted of a violation of
any of the terms and provisions of this chapter shall be granted a
license for such sale or sales or shall act as an auctioneer or be
employed in any manner at or in connection with any auction licensed
hereunder for a period of five years after such conviction.
It shall be unlawful for a person licensed hereunder
to offer for sale by auction any article to which there is not attached
a card, ticket or label containing a correct statement plainly written
or printed in English, specifying the kind, type and quality of the
merchandise offered and, in the case of jewelry, specifying the kind
and quality of the metal of which said article is made or composed
and the percentage, carat or purity of such metal. If such articles
are plated or overlaid, then such label shall contain a statement
of the kind of plate. When precious stones are sold by auction as
such or as part of an article of jewelry, such written statement shall
set forth the true name, weight and quality of such stone or stones.
When semiprecious stones are offered for sale or sold by auction as
such or as part of an article of jewelry, such written statement shall
set forth the true name of said stones. When imitations of precious
or semiprecious stones are offered for sale or sold by auction as
such or as part of an article of jewelry, said imitations shall be
described or defined as synthetic or imitations of said stones as
they purport to represent. When watches or 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 or misleading names or trademarks; neither shall secondhand
or old movements be offered for sale in new cases without a statement
to that effect. Used and rebuilt watches shall be so indicated by
tag or label. Such ticket or label shall remain secured to such article
of merchandise and 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 intention to defraud in case such
statement is not a true and correct description and representation
of such article sold.
During any such sale by auction no additions
whatsoever shall be made to the stock of merchandise set forth in
the inventory attached to the application for license, and nothing
shall be offered for sale or sold at any such sale by auction which
is an addition to the stock of merchandise described in said inventory
or which has been added to the applicant's stock within a period of
30 days prior to the date the applicant filed application for license.
Under no circumstances shall the inventory offered for sale at auction
exceed by 50% the average inventory carried by the applicant over
the preceding five years, or the inventory offered for sale by auction
shall not exceed by 50% the average inventory carried for the period
of time applicant has been in business. Any abnormal purchases during
the year prior to the application for license shall be cause for refusal
to issue license.
It shall be unlawful for any licensee, his agents
or employees to make any statements which are false in any particular
or which have a tendency to mislead or to make any misrepresentations
whatsoever, with references to any article sold or offered for sale
during said auction.
No person shall act at any such sale by auction
as bidder or what is commonly known as a "capper," "booster" or "shiller,"
or offer to make any false bid or offer any false bid to buy or pretend
to buy any article sold or offered for sale at any sale by auction.
The person to whom the license has been granted
shall remain in continuous attendance at all times while such sale
by auction is being conducted and shall be responsible for any violation
of the provisions of the foregoing sections.
The provisions of this chapter shall not be
applicable to auction sales conducted by trustees or referees in bankruptcy,
executors, administrators, receivers or other public officers acting
under judicial process, nor to the sale of real property at auction.
[Amended 12-22-1997 by L.L. No. 3-1998]
Any person violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine of not more than $1,000, imprisonment
in the county jail for not more than one year, or both such fine and
imprisonment. Each such violation shall constitute a separate offense
and shall be punishable as such hereunder.
