City of Easton, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Easton 11-19-1953 by Ord. No. 1415 (Art. 301 of the 1965 Codified Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 285.
Public markets — See Ch. 350.
Peddling and soliciting — See Ch. 415.

§ 194-1 License required.

[Amended 6-26-2013 by Ord. No. 5414]
No person shall sell or offer for sale at public auction any goods, wares and merchandise without first obtaining a license to conduct such sale from the Director of Finance or his/her designee.

§ 194-2 License application.

Upon application for such license, the applicant shall set forth, under oath or affirmation, the following facts:
A. 
Ownership, kind, quality, quantity, value and condition of such goods, wares or merchandise to be offered for sale;
B. 
The name and address of the person who will act as auctioneer, such auctioneer to be duly licensed;
C. 
The reasons for desiring a license for the sale of merchandise; and
D. 
The names of persons, firms or corporations from whom the goods, wares and merchandise to be sold under the license were last obtained.

§ 194-3 Responsibility of licensee; prohibited acts.

A licensee will be held responsible for the conduct of such persons as may be employed to sell such goods, wares and merchandise and shall not make or permit anyone conducting such sale to make untruthful statements or misrepresent articles to bidders as to the description, quality or kind of goods, wares and merchandise offered for sale, nor shall he employ, use or permit the employment or use of by-bidders, commonly called "cappers;" nor shall he offer or make or permit anyone to offer or make a false bid on a pretense of buying goods, wares or merchandise offered for sale by virtue of his license; nor shall the licensee offer or permit to be offered, or give or permit to be given, any premiums or any merchandise whatsoever as a premium or incentive to bidders.

§ 194-4 License duration.

No license shall be granted under this chapter for a longer period than 15 successive days, Sundays and holidays excepted, at any one location.

§ 194-5 Sale at designated place only.

No person holding a license shall conduct thereunder a sale at any other place than that designated therein.

§ 194-6 Prior business at same place required.

No person shall be granted a license under this chapter unless the licensee has been conducting business under the same trade name at the same place designated in the application for a period of one year previous to the date of application.

§ 194-7 Subsequent licenses.

A subsequent license shall not be granted to the same licensee at a given location until one year has elapsed from the expiration of the former license.

§ 194-8 License fee; surety bond.

[Amended 6-26-2013 by Ord. No. 5414]
The applicant, upon being granted a license, shall pay to the Director of Finance for the use of the City a license fee as specified in Chapter 285, Fees, and in addition thereto shall furnish to the Director of Finance for the use of the City an approved surety bond of $2,000, such bond to be in full force and effect for a period of 30 days from the date of the license and shall be conditioned for the faithful performance and observance by the licensee of each and all of the provisions of this chapter.

§ 194-9 Auctioneer's permit fee.

[Amended 9-26-1963 by Ord. No. 1779; 6-26-2013 by Ord. No. 5414]
Every auctioneer licensed under the Auctioneers' License Act (Act of September 29, 1961, P.L. 708) shall, on or prior to the day of each sale conducted in the City for any one owner or person, pay a permit fee as specified in Chapter 285, Fees, to the Director of Finance, who shall, upon receipt of such fee, issue permits in compliance with the provisions of the Auctioneers' License Act.

§ 194-10 Only goods listed in application to be sold.

No licensee under this chapter shall sell or offer for sale at such auction goods, wares or merchandise other than those listed in the application for license.

§ 194-11 Sales exempt from regulations.

The provisions of this chapter, insofar as the license requirement is concerned, shall not apply to judicial sales by executors or administrators, or to the sale of unredeemed pledges by and in behalf of licensed pawnbrokers in the manner prescribed by law, or to sale of farm products, farming implements, livestock, household goods sold from private homes, real estate, machinery and equipment, or to personal property not in the general line of merchandise.

§ 194-12 Violations and penalties.

[Amended 6-26-2013 by Ord. No. 5414]
Any person violating any of the provisions of this chapter, upon conviction, shall be fined not more than $1,000 and, in default of payment of fine and costs, imprisoned not more than 90 days. Each day's continued violation shall constitute a separate offense.