[HISTORY: Adopted by the Town Board of the Town of Harrison 4-10-1957. Amendments noted where applicable.]
No personal property (goods, wares or merchandise) shall be sold at auction in the Town of Harrison, 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 or merchandise) in the town of Harrison, unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the Town Clerk of the Town of Harrison.
Every person desiring to obtain a license as an auctioneer shall file with the Town Clerk a written application for such license, stating:
The name of the applicant.
The residence and business address of the applicant.
A statement as to whether the applicant holds or has held an auctioneer's license from the state, municipality, governing body or licensing authority; a list of such licenses and a statement of time and place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or renew an auctioneer's license to the applicant or has revoked a license held by the applicant, together with a complete and accurate statement as to the reason for any such refusal or revocation and such other information as required by the Town Clerk or the Chief of Police.
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.
Such application shall be signed and verified before a notary public or other officer authorized to administer oaths in the State of New York.
Such application shall be accompanied by a photograph of the applicant taken within 60 days immediately preceding the date of filing the application, which shall show the applicant's head and shoulders in a clear and distinguishing manner. This requirement may be waived by the Town Clerk with respect to a renewal application filed by a person holding an unexpired auctioneer's license issued under the provisions of this chapter and who has furnished the required photograph in connection with a previous application.
Such application shall be accompanied by a bond in favor of the Town of Harrison and executed by a surety acceptable to the Town Clerk in the amount of $10,000, conditioned that the applicant, if issued an auctioneer's license, will comply fully with the provisions of the ordinance of the Town of Harrison 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 suffer 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 auctioneer.
Every such application for an auctioneer's license shall be referred to the Chief of Police for such investigation of the character, repute and business responsibility of the applicant as he may think warranted in the circumstances. The applicant's fingerprints shall be taken under the supervision of the Chief of Police or his agent. The Chief of Police shall advise the Town Clerk, in writing, within a reasonable time whether the moral character and business responsibility of the applicant are satisfactory. This requirement may be waived by the Town Clerk with respect to a renewal application filed by a person holding an unexpired license issued under the provisions of this chapter and as to whom such investigation has been made in connection with a previous application. Each applicant shall be fingerprinted by the Town of Harrison Police Department, which will then submit the fingerprints to the New York State Division of Criminal Justice Services for a criminal background investigation. In addition to any fees provided in this chapter, the applicant shall be charged the processing fee for a full search and return the form to the New York State Division of Criminal Justice.
Upon compliance with the conditions set forth in this chapter and the receipt of the fee herein specified, the Town Clerk may issue an auctioneer's license to the applicant. No license shall be refused except for a specific reason and for the protection of the public safety, good order and morals. All licenses shall be consecutively numbered in the order of issuance and shall show the date on which they were issued, the date on which they shall expire, the fee paid and the name and business address of the licensee.
Any person who has been refused an auctioneer's license by the Town Clerk may appeal such refusal by making an application to the Town Board, which may grant or deny the application for such license.
[Amended 2-19-1986 by L.L. No. 2-1986; 2-19-1992; 2-21-2007 by L.L. No. 1-2007]
The annual fee for an auctioneer's license or any renewal thereof shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
Every license shall expire on the 31st day of December next following its issuance. Licenses may be renewed on or after the first day of January upon payment of the required fee.
The Town Clerk may issue a duplicate license to replace a license that has been lost, stolen or destroyed, upon the filing of an affidavit explaining the facts of such loss or theft and the payment of $1 for the duplicate license. No person shall destroy, deface or in any way alter an auctioneer's license.
The Town Board may revoke any license issued under this chapter to any applicant whom the Town Board, after a public hearing at which the licensee shall have an opportunity to be heard, shall determine to be an undesirable person or incapable of properly conducting the trade or business of an auctioneer. Violations of any of the prohibitions set forth under § 95-12 hereof shall be sufficient grounds for such a determination. On the revocation of a license, no part of the license fee shall be refunded, and no license shall be granted to a person whose license has been revoked for a period of two years from the date of such revocation.
No license under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued.
No person having a license granted under this chapter shall delegate his power to any clerk, partner or person, but the privilege given shall be personal to the person named in the license and shall be exercised by him alone.
No auctioneer shall:
Make any false representation as to the character, quality, condition, previous history, value or ownership of any property offered for sale.
Substitute any other article for the article sold to the bidder.
Bid in any property offered for sale by himself, and no person shall act as an accomplice or capper for the purpose of making mock bids at any auction.
Employ a bellman, crier, instrument of music, loudspeaker or other means of attracting the attention of passersby, other than a sign or flag which shall bear the license number.
Conduct any auction sale for a transient merchant or other person, firm or corporation who or which has not procured a permit as required by law or ordinance or whose permit has expired or been revoked.
Refuse to exhibit his license to any police officer, upon demand, at the place where an auction is being conducted.
Receive for sale by auction or sell by auction any goods, wares or merchandise from or to any minor, knowing him to be such.
Conduct an auction sale of personal property in any streets, sidewalks or public property of the Town of Harrison.
Every auctioneer shall, upon the receipt or acceptance by him of any goods for the purpose of sale at auction and before offering the same or any part thereof for sale at auction, write or cause to be written, in a book to be kept by him for the purpose the name and address of the person who employed him to sell such goods at auction; the name and address of the person for whose benefit, behalf or account such goods are to be sold at auction; the name and address of the person from whom such auctioneer received or accepted such goods; the name and address of the person who was the owner, the authorized agent of the owner or the consignor of such goods immediately prior to the receipt of acceptance for the purpose of sale at auction of the same by such auctioneer; the location, with street and number, if any, of such goods immediately prior to the receipt or acceptance of the same by such auctioneer for the purpose of sale at auction; the date of the receipt or acceptance by such auctioneer of such goods for the purpose of sale at auction; the place, with street and number, if any, in which such goods are to be held, kept or stored until sold or offered for sale at auction; the place, with street and number, if any, in which such goods are to be sold or offered for sale at auction; a description of such goods, the quantity thereof and the distinctive marks thereon, if any; and the terms and conditions upon which such auctioneer received or accepted such goods for sale at auction. Such book and the entries therein made, as provided for in this section, shall, at all reasonable times, be open to the inspection of the Town Clerk, Chief of Police or their duly authorized agents.
Any person intending to sell at public auction any goods, wares or chattels shall make application to the Town Clerk for a permit to hold such sale and shall not hold such sale until issuance of said permit.
Such application shall be in writing and shall be verified and filed not more than 15 nor less than five days before the commencement of such sale. It shall set forth the name and address of the applicant, the name and address of the auctioneer and the street and number of the premises in which it is proposed to conduct such sale.
There shall be attached to the application a verified inventory, in triplicate, showing in detail the quality, quantity, kind or grade of goods, wares and chattels proposed to be sold and the established current retail prices, if any, of said goods, wares and chattels and specifically stating the ownership of the items or articles. The inventory shall be verified by the applicant, if he is an individual; by one of the partners, if a partnership; or by a duly authorized officer, if a corporation. No goods, wares or chattels shall be added to the verified inventory after same has been filed, nor shall any goods, wares or chattels be sold which are not included in such verified inventory.
The Town Clerk or his duly authorized agent may examine and investigate the goods, wares and chattels specified in the inventory to be offered for sale to determine whether said inventory correctly sets forth the items to be sold and their true value. The Town Clerk may, upon examination of the inventory filed, require such additional information as may be necessary to ascertain the correctness of the items set forth in said inventory. The Town Clerk shall refuse to issue such permit in the event that he finds that any material misrepresentation has been made in the application or inventory provided for in the chapter, or in the case of an auction proposed to be held in a private residence or in an area designated as a residential area by any ordinance of the Town of Harrison, he shall refuse to issue such permit if he finds that the inventory includes items other than household furniture and effects of the owner of the premises used by him upon such premises. Notice of refusal and the reason or reasons therefor, in writing, shall be served, by the Town Clerk upon the person named in the application, by mailing the same to the business address given in the application and upon filing a copy of such with the Chief of Police. An applicant who has been refused a permit by the Town Clerk may apply to the Town Board for a permit, which may grant or deny the application for a permit.
[Amended 2-19-1986 by L.L. No. 2-1986; 12-19-1990; 2-19-1992; 2-21-2007 by L.L. No. 1-2007]
Upon filing the application for a permit to conduct a sale at public auction, the applicant shall pay to the Town Clerk a fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code. If any application is disapproved, the fee paid shall be retained by the Town of Harrison to cover the cost of investigating the statements contained in such application.
No sale at public auction shall continue for a longer period than that for which the permit was issued, Sundays and legal holidays excluded.
A sale by auction conducted in a private residence or on premises located within an area designated as a residential area by any ordinance of the Town of Harrison shall not exceed two days in duration; shall not be held more frequently than once in any six-month period during which such residence or premises is owned by the same person, firm or corporation; and shall be confined to the sale of household furniture and effects that are the property of the owner of the premises and used by such owner upon the said premises.
Nothing herein contained shall apply to judicial sales or sales by, or for the accounts of, executors or administrators, by trustees under deed of assignment, by lienors, by public officers in the manner prescribed by law or to sales of real property at auction.
[Amended 2-19-1986 by L.L. No. 2-1986]
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.