[HISTORY: Adopted Rochester City Council 11-25-1941. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
AUCTIONEER
Any person who at public outcry offers for sale to the highest bidder any goods, wares, merchandise or property. This definition shall not, however, include any apprentice auctioneer regularly employed by a duly licensed auctioneer, provided that such apprentice auctioneer shall not help the duly licensed auctioneer employer sell at any public auction unless said duly licensed auctioneer employer shall be on the premises where and during the time that said auction sale is being conducted and said auction sale is at all times under the direction of said duly licensed auctioneer employer, and provided further that no licensed auctioneer shall at any one time employ more than two apprentices.
A. 
No person, firm or corporation shall dispose of any goods, wares, merchandise or property at public auction, except through the medium of an auctioneer licensed to conduct such business by the Chief of Police, nor shall any person act as auctioneer without having obtained such license.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
B. 
Nothing in this chapter contained shall apply to judicial sales or sales by executors or administrators, by trustees under deed of assignment, by lienors, conditional vendors or by public officers, in the manner prescribed by law, or to the sale of household effects sold on the premises of the housekeeper selling them.
Before any license herein authorized shall be issued there shall be executed to the City of Rochester a surety company bond in the penal sum of $1,000 conditioned for the faithful observance of the laws of the State of New York and the ordinances of the Council now or hereafter enacted.
[Amended 5-25-1982 by Ord. No. 82-208; 5-22-1990 by Ord. No. 90-191; 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No. 2008-205[1]]
The annual license fee shall be $210. There shall be a fee of $10 for replacement of a lost license. All licenses shall expire December 31 after issue.
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2008.
[Amended 2-14-2006 by Ord. No. 2006-22]
No person, firm or corporation shall dispose of his or her goods, wares or merchandise at public auction, either by himself or herself or another, unless said person, firm or corporation shall have been in business continuously in the City of Rochester as a wholesale or retail merchant at the same location at which said auction is conducted for the period of six months next preceding such auction.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 2-14-2006 by Ord. No. 2006-22]
No sale at a public auction shall continue for more than 30 days, Sundays and legal holidays excepted, from the day of the beginning of the sale, except that a sale may continue for 30 additional days upon written permission of the Chief of Police, which permission shall be granted by the Chief in his or her discretion for good cause, nor shall the same person, firm or corporation dispose of his or her goods, wares or merchandise at public auction, either by himself or herself or another for a period of 12 months from the last day of the former sale.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 2-14-2006 by Ord. No. 2006-22]
The provisions of §§ 32-5 and 32-6 of this chapter shall not apply to auction sales of goods, wares or merchandise in job lots or at wholesale, nor to auction sales of used household furniture and effects purchased from or sold on account of a householder who has actually used such furniture and effects in his or her household in Rochester, New York, provided that a complete list of the said furniture and effects with the name and address of the person from whom they were purchased shall have been previously filed with the Chief of Police.
No auctioneer 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 a bidder.
C. 
Bid in any property offered for sale by himself or herself, and no person shall act as an accomplice or capper for the purpose of making mock bids at any auction.
[Amended 2-14-2006 by Ord. No. 2006-22]
D. 
Employ a berman, crier, instrument of music or means of attracting the attention of passersby,[1] other than a sign or flag, which shall bear the license number.
[1]
Editor's Note: See also Ch. 75, Noise.
E. 
Conduct an auction sale for a transient merchant who has not procured a license or whose license has expired.
[Added 9-28-1965]
The provisions of Chapter 68 of the Municipal Code, being general licensing provisions relating to businesses and trades, shall be applicable to all licenses under this chapter the same as if specifically set forth herein, and any violation of this chapter shall be punishable as provided in § 68-15 of said Code.