[Adopted as Art. II of Ch. 16 of the 1975 Municipal Code]
[Amended 8-5-1992 by L.L. No. 3-1992]
This article shall apply to the selling or offering for sale of all goods, wares and merchandise at public auction and shall apply also to sales, either by auction or otherwise, of household goods and furnishings in residences if such sales are carried on by someone other than the bona fide owner of said household goods and furnishings. It shall not apply to the sale of household goods or furnishings by a bona fide householder on such householder's own residential premises, nor to rummage sales, nor to legal and judicial sales under and by virtue of the Lien Law or Personal Property Law relative to the enforcement of liens and the clearance of title, nor to sales under the Bankruptcy Act, nor to police auctions, nor to sales by insurance carriers for or on behalf of their insureds, nor to goods sold by virtue of judicial decree, nor to sales by personal representatives or deceased or incompetent persons or the guardians of minors, nor to the sale of or on behalf of licensed pawnbrokers or unredeemed pledges in the manner prescribed by law, nor to sales licensed under the provisions of the Agriculture and Markets Law nor to sales by junk dealers and secondhand dealers.
No person shall offer or expose for sale at auction or other method of sale as described in § 232-8 within the City any personal property, household goods wares or merchandise without first having applied for and obtained a license for such purpose from the City Clerk.
Each application for a license hereunder shall set forth the following information:
A. 
The name and residence address of the applicant.
B. 
The period for which the license is desired.
C. 
In the case of the sale of household goods and furnishings in a residence, the name and address of the owner thereof.
D. 
Such other information as may reasonably be required by the City Clerk.
[Amended 8-5-1992 by L.L. No. 3-1992]
Applications for licenses hereunder shall be accompanied by a bond in favor of the people of the city, approved as to form and manner by the City Attorney, in the penal sum of $10,000 conditioned that the applicant will faithfully perform such duties as are required by this Code and laws now in effect or hereafter enacted and will render such accounts and pay such duties as may be required by law.
The fee for a license hereunder is fixed at $50 per calendar year or any part thereof, except that the fee for any period of less than one year shall be computed at the minimum rate of either $10 per day or $25 per month.
All licenses pursuant to this article shall expire on December 31 of the calendar year for which issued, except for short-term licenses.
Every license issued pursuant to this article shall be posted in a conspicuous place where any auction or sale is being conducted.
No public auction or similar type of sale for which a license is required under this article shall continue for more than five days, Sundays and legal holidays excluded, from the date of the beginning of such sale, and no such sale shall be held before 10:00 a.m. or after 10:00 p.m.
No auctioneer or seller of property shall:
A. 
Make any false representations as to the character, quality, condition, value or ownership of any property offered for sale.
B. 
Substitute any other article for the article sold to the bidder.
C. 
Bid in any property offered for sale by himself/herself or employ or hire a person to act as an accomplice for the purpose of making mock bids or bidding up the price at any sale.
D. 
Employ a bellman, crier, instrument of music or means of attracting the attention of passersby other than a sign or flag which shall bear his license number.
E. 
Conduct an auction or sale for a transient merchant who has not procured a license or whose license has expired.
F. 
Sell any goods or items subject to the provisions of this article in an as-is condition, unless there shall be posted in plain view of the public during said auction or sale at least two signs stating that such goods or items are sold as is and no representations as to the character, quality or condition are made, in which case no such representations shall be made by the auctioneer or seller of such property or his agents.
[Added 1-7-1976 by Ord. No. 76-2]
Every licensee hereunder shall be required to comply with the provisions of §§ 25 and 26 of the General Business Law, as amended, relative to records to be kept. Failure to comply with such provisions shall constitute a violation of this article and may result in the revocation of the license hereunder, in addition to any other penalties that may be imposed for violation of this article.
[Added 8-5-1992 by L.L. No. 3-1992]
Any person who shall violate any provision of this article shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties.