[HISTORY: Adopted by the City Council of the City of Trenton as indicated in article histories. Amendments noted where applicable.]
Article I General Auctioneers
Article II Jewelry Auctioneers
[Adopted 9-7-1967 as § 5-5.1 of the Revised General Ordinances]
Every general auctioneer shall obtain a license by filing an application as provided by Chapter 146, Licensing, of the Code of the City of Trenton.
The fee for the license shall be $60 per year.
Every licensed general auctioneer shall provide the information required by N.J.S.A. 45:17-1 et seq. upon receipt by him/her of any personal property for sale at auction.
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 $5,000 and conditioned for the due observance of all ordinances of the City of Trenton during the continuance of his license.
[Adopted 9-7-1967 as § 5-5.2 of the Revised General Ordinances]
Every jewelry auctioneer shall obtain a license by filing an application as provided by this article. The fee for conducting each auction shall be $50. A jewelry auctioneer's license shall be required for the sale at auction of any platinum, gold, silver, plated ware, precious or semiprecious stones, watches, or any other kind of jewelry, except that the provisions of this article shall not apply to any person who shall have been engaged in the retail jewelry business within the City of Trenton for at least three years immediately preceding an auction sale which is held for the purpose of going out of business, but in such case the auction sale shall not be carried on or conducted for a period exceeding 15 days.
The application for a jewelry auctioneer's license shall, in addition to the information required by Chapter 146, Licensing, of this Code, show that the applicant has not been convicted of violating the laws of the State of New Jersey or the provisions of this chapter or any other ordinance of the City of Trenton relating to auctions and auctioneers or for fraud and deceit in the conduct of auctions.
Every jewelry 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 $5,000 and conditioned for the due observance of all ordinances of the City of Trenton during the continuance of his license.
All auctions shall be held on successive days, Sundays and legal holidays, except that they shall not continue for more than 30 days in all from the commencement of the sale. Sales shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. During the pendency of a sale the licensee shall file a daily report with the City Clerk containing an itemized list of the articles sold on the previous day. Failure to comply with this provision may result in suspension of the sale pending compliance. No jewelry auctioneer shall conduct any auction during the month of December.
Every article offered for sale at a jewelry auction shall have securely attached a tag or label upon which shall be plainly written or printed in English a true and correct statement of the kind and quality of the metal of which the article is made or composed and the percentage or carat of purity of the metal. In case the articles are plated or overlaid, the tag or label shall contain a true statement of the kind of plate and the percentage of purity of the plating and the kind of material or metal covered. When precious or semiprecious stones are offered for sale or sold the written statement shall set forth the true name, weight, quality and color of the stones and imitations shall be described as such. When watches and clocks are sold the true name of the manufacturer shall be stated in writing, and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trademarks, neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Tags or labels shall remain securely attached to any articles of merchandise and shall be delivered to the purchaser as a true and correct description and representation of the article sold.
At each jewelry auction there shall be kept and maintained a sales book which must be signed by the purchaser of each article at the time of the purchase and, before any other article shall be exposed for sale, opposite a description of the article sold which shall conform to the description on the tag or label required by § 25-10 of this article. Failure to keep and maintain such sales book shall be sufficient cause for immediate revocation of the license. Sales books shall be open and available for inspection during business hours.
No person shall act or employ another to act as a by-bidder or what is commonly known as a "capper" or "booster" at any auction sale or to make or accept any false or misleading bid or pretend to buy or sell any article sold or offered for sale at any auction.
The jewelry auctioneer shall retain in his/her possession proceeds of any sale for at least 48 hours. If any purchase shall within 48 hours make a claim against the licensee upon the ground that the article or thing sold to him/her at auction was not as represented and shall offer to return the article or thing purchased, then the licensee shall either return the proceeds of the sale or deposit them with the Police Director, provided that if the purchaser does not commence an action within 15 days, the proceeds so deposited shall be returned to the licensee. This section shall not be construed to prevent an action on the bond by the purchaser.