[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:
[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]
