[Amended 2-19-1992]
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.
[Amended 2-19-1992]
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.
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.
[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.
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.