[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975
by Ord. No. 297-75 as Section 4-12 of Chapter IV of the Revised
General Ordinances of the City of Passaic, 1975. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all persons who engage in the sale of goods, wares and merchandise,
at sale or auction, to the highest bidder or to others at prices fixed by
bid.
[Amended 4-17-1996 by Ord. No. 1367-96]
Every auctioneer shall obtain a license by filing an application with
the City Clerk. The fee for conducting each auction shall be $100 per day.
An application for an auctioneer's license shall have the following
information:
A.
Pursuant to state law, every auctioneer, upon the receipt
or acceptance by him of any personal property for the purpose of sale at auction
and before offering the same or any part thereof for sale at auction, shall
write or cause to be written in a book to be kept by him for that purpose
the name and address of the person who employed him to sell such property;
the name and address of the person for whose benefit, behalf or account the
property is to be sold; the name and address of the person from whom the auctioneer
received or accepted the property; the name and address of the owner of the
property immediately prior to its receipt of acceptance; the location with
street number, if any, of the property immediately prior to its receipt or
acceptance; the date of the receipt or acceptance; the place with street number,
if any, in which the property is to be kept until sold or offered for sale
at auction; the place and street number, if any, in which the property is
to be sold or offered for sale at auction; a description of the property,
the quantity thereof and the distinctive markings thereon, if any; and the
terms and conditions upon which the auctioneer receives or accepts the property
for sale at auction. As used herein, the words "personal property" and "property"
shall mean any goods, wares, works of art, commodity, compound or thing, chattels,
merchandise or personal property which may be lawfully kept or offered for
sale. Nothing herein contained shall apply to the sale of real property at
auction.
B.
Such books and entries therein shall, at all reasonable
times, be open to the inspection of the Chief of Police, the County Prosecutor
and any other person who shall be duly authorized in writing for that purpose
by any or either of them and who shall exhibit such written authorization
to the auctioneer.
D.
Every general auctioneer shall, before any license is
issued to him, enter into a bond with sureties sufficient to be approved by
the City Attorney in the sum of $1,000 and conditioned for the due observance
of all ordinances of the City of Passaic during the continuance of his license.
E.
All auctions shall be conducted in accordance with the
provisions of the Uniform Commercial Code, N.J.S.A. 12A:2-328. If the bulk
sales portion of the code applies, as in N.J.S.A. 12A:6-108, the auctioneer
shall also comply with its provisions.
[Amended 4-17-1996 by Ord. No. 1367-96]
No person shall conduct or maintain an auction room, house or place
without first obtaining a license. The license fee shall be $50 and shall
be deposited with the City Clerk at the time the application is made.
An application for license shall contain the following information, in addition to that required by § 177-4:
A.
Place of residence for the preceding three years.
B.
At least three business references.
C.
Length of time for which license is desired.
D.
Description and inventory of the articles to be offered
for sale.
E.
Statement in detail as to persons and places from which
the articles to be offered for sale were purchased or received and, if purchased
or received within one year prior to application, the invoices covering the
same.
Before a license may be issued for an auction room, the applicant shall
execute and deliver to the City Clerk a bond, drawn in the name of the city
and with sufficient security as approved by the City Clerk, in the amount
of $1,000. The bond shall be conditioned to indemnify and pay to the city
any penalty or cost incurred in the enforcement of this section in connection
with the license to be issued. The bond shall further be conditioned to indemnify
and reimburse the purchaser of any article at a sale made by the licensee
in the sum equal to the amount of the payment the purchaser may have been
induced to make through the misrepresentation as to the kind, quality or value
of the article purchased, whether the misrepresentation was made by the licensee
or the owner or their agents or employees, either at the time of making the
sale or through advertisement of any nature printed or circulated with reference
to the articles to be sold or to any part thereof. Any claim by a purchaser
must be made to the City Clerk within one year from the issuance of the license.
A.
The City Clerk, upon receiving the application, license
fee and bond, shall keep the same on file for a period of at least one week
and, before issuing any license so applied for, shall cause to be published
in at least one newspaper published and circulated in the city, a formal notice
setting forth the fact and date of the application and the contents hereof.
No license shall be granted by the City Clerk until and after the application
therefor shall have been on file in his office for a period at least one week
from the date of filing. No license shall be granted if written objection
to the granting of such license shall be filed with the City Clerk until a
public hearing is had before the Director of the Department of Public Affairs.
In the event that written objection to the granting of the license applied
for shall be filed with the City Clerk, no license shall be issued until the
application and objections shall be presented to the Director of the Department
of Public Affairs and a public hearing and adjudication had thereon. The Director
of the Department of Public Affairs shall have the right to reject for cause,
after public hearing, any application.
B.
If no objection is filed with the City Clerk at the expiration of the time limit and the publication as required by Subsection A of the section or upon order of the Director of the Department of Public Affairs after public hearing when objections have been filed, the City Clerk shall issue a license for the period of time represented by the license fee tendered to him at the time of the filing of the application.
Before a license as required in § 87-5 above shall be issued, the applicant for such license shall file with the City Clerk an instrument in writing nominating and appointing the City Clerk of the city his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of such applicant in respect to any matters connected with or arising out of the license and the bond given as required by § 87-7 above or for any breach thereof. Such instrument in writing shall contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon such agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this chapter according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
Every licensee shall be responsible for a full and complete compliance
by each and every auctioneer selling goods in the premises licensed herein.
It shall be unlawful for any licensee to permit any person to operate as an
auctioneer in his place of business if such person has failed to comply with
such sections.
No person conducting an auction house, auction room or auction place
by virtue of a license issued under the provisions of this chapter nor any
person acting for him shall make any bid, offer or tender of price for any
article of goods, wares or merchandise put up for sale at any auction conducted
in such auction room, auction house or auction place.
