[HISTORY: Adopted by the Township Committee (now Mayor and Council)
of the Township of North Brunswick 9-6-1949. Section 116-13
amended at time of adoption of Code; see Ch. 1, General Provisions. Other
amendments noted where applicable.]
The purpose of this chapter is to license and regulate auctioneers and
public auction sales in order to protect the public against fraud at public
sales, to fix the fees of such licenses, which are hereby imposed for revenue,
and to protect the public health and welfare.
It shall be unlawful for any person to conduct any public auction sale
within the Township of North Brunswick without first obtaining a license and
paying the license fee hereinafter prescribed.
Any person desiring a license to conduct a public auction sale shall
file with the Clerk of the Township of North Brunswick an application therefor,
which shall contain the following information, to wit:
Before the license as herein provided shall be issued, the applicant
shall execute and deliver to the Clerk of the Township of North Brunswick
a good and sufficient bond with good and sufficient surety, to be approved
by the Mayor and Council, in the amount of $2,500, which bond shall remain
in force for one year and shall be conditioned to indemnify and to pay said
municipality for any loss sustained or any penalties or costs incurred for
the violation of any of the provisions of this chapter.
Before the license as herein provided shall be issued, the applicant
shall provide adequate sanitary facilities for his own agents, servants or
employees and for patrons and public attending said auction, and shall obtain
a certificate under the hand and seal of the Secretary of the Board of Health
of said township to the effect that said sanitary facilities are adequate
for the protection of the health and welfare of the public.
Before the license as herein provided shall be issued, the applicant
shall make adequate provision for parking facilities for vehicles used in
and about said public auction sale and vehicles owned or operated by persons
attending said auction sale, with due regard to the safety of pedestrians
and the traveling public, and shall obtain from the Commissioner of Police
of said township a certificate to the effect that adequate precautions have
or will be taken to assure and protect the health, welfare and safety of the
aforesaid agents, servants and employees of said licensee, pedestrians, patrons
and the traveling public.
Every person holding a license under this chapter shall be required
to prominently display the same at the location of the public auction sale
and while engaged in the business licensed.
The license fee shall be $2,500 per year, which sum shall be payable
upon the issuance of said license. In addition to said license fee, an additional
license fee of $100 shall be levied for each 1,000 square feet used for storage,
sale or parking or for any other purpose in connection with said auction business
in excess of 10,000 square feet.
No public auction sale shall take place, be held or conducted by any
person between the hours of 7:00 p.m. and 8:00 a.m. the following morning,
provided, however, that no auction shall take place, be held or conducted
by any person on Sunday.
No licensee or his agents, servants or employees shall publish any false
statement or make any fraudulent representation to endorse the sale or purchase
of any goods, wares or merchandise that may be offered at any public auction
sale.
The requirements of this chapter shall not apply to nor include any
auction sale conducted under the judicial authority of any court of the State
of New Jersey or of the United States, nor to a special auction not conducted
as a regular business for the sale of assets of any business or estate wherein
the auction shall not be continued for a period of more than six days. Special
permits may be issued by the Clerk for such purpose, and no fee shall be charged
therefor.
For the purpose of this chapter, the terms used herein are defined as
follows:
An individual, firm, partnership, corporation, voluntary association,
incorporated association or their agents.
[Amended 9-6-1977; 4-17-2006
by Ord. No. 06-06]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
not more than $2,000 or by imprisonment for a term not to exceed 90 days,
or by both such fine and imprisonment, in the discretion of the Judge. The
continuation of such violation on each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate offense.
The Mayor and Council shall have the power to revoke any license after
notice and hearing for sufficient cause, which, among other things, shall
be:
