Section 20-278
§ 20-278 License required. It shall be unlawful for any person to
engage in the business of auctioneer without a license therefor.
Section 20-279
§ 20-279 Fee; bond; fingerprinting. a. The annual fee for such license
shall be two hundred dollars.
b. Each applicant for such license shall file with the commissioner, a
bond with two good sureties, in the penal sum of two thousand dollars,
which bond shall meet with the approval of the commissioner.
c. The commissioner shall require that applicants for licenses issued
pursuant to this subchapter be fingerprinted for the purpose of securing
criminal history records from the state division of criminal justice
services. The applicant shall pay a processing fee as required by the
state division of criminal justice services. Fingerprints shall be taken
of the individual owner if the applicant is a sole proprietorship; the
general partners if the applicant is a partnership; and the officers,
principals, directors, and stockholders owning more than ten percent of
the outstanding stock of the corporation if the applicant is a
corporation. Any person required to be fingerprinted hereunder shall
furnish to the department three current passport-sized photographs of
such person. Notwithstanding the foregoing, the commissioner need not
require applicants for licenses required under this subchapter to be
fingerprinted if criminal history records concerning such applicants are
not available from the state division of criminal justice services.
Section 20-279.1
§ 20-279.1 Refusal to issue or renew, or suspension or revocation
based on criminal conviction. In addition to any of the powers that may
be exercised by the commissioner pursuant to this subchapter or chapter
one of this title, the commissioner, after notice and an opportunity to
be heard, may refuse to issue or renew, or may suspend or revoke, a
license required under this subchapter if the applicant or licensee, or
any of its principals, officers or directors, or any of its stockholders
owning more than ten percent of the outstanding stock of the corporation
has been convicted of a crime which, in the judgment of the
commissioner, has a direct relationship to such person's fitness or
ability to perform any of the activities for which a license is required
under this subchapter or has been convicted of any other crime which, in
accordance with article twenty-three-a of the correction law, would
provide a justification for the commissioner to refuse to issue or
renew, or to suspend or revoke, such license.
Section 20-280
§ 20-280 Requirements for auctioneers. Each auctioneer shall cause his
or her name and license number to be conspicuously displayed at any
place where he or she shall conduct an auction sale during such sale.
Section 20-281
§ 20-281 Persons acting as auctioneers. It shall be unlawful for any
person not licensed as an auctioneer to represent or circulate or place
before the public any announcement, or to insert or cause to be inserted
in any city, business or telephone directory, any notice that he or she
is conducting the business of auctioneering.
Section 20-282
§ 20-282 Advertising. Every auctioneer in his or her own name, shall
give notice in one or more of the public newspapers printed in the city,
of every auction sale to be conducted by him or her. In the event that
such auctioneer shall be connected with any firm or other person his or
her name shall in all cases precede the name of such firm or other
person.
Section 20-284
§ 20-284 Sale of jewelry. a. Each auctioneer shall cause to be
delivered to the purchaser of diamonds, precious stones or other
jewelry, a signed document containing a description of the article sold
and the representations made in regard thereto at the time of the sale.
b. Each article of jewelry sold at public auction shall have affixed
thereto a tag, on which shall be printed or written a correct
description of such article.
Section 20-285
§ 20-285 Restrictions. a. It shall be unlawful for any auctioneer, his
or her agent, employee or servant to sell at public auction or expose
for such sale:
1. Any dry-goods, clothing, hardware, household furniture, woodenware
or tinware by retail or in small parcels or pieces, in any street or
public place;
2. Any goods, wares, merchandise or other things to any person who, at
the time of bidding for or while examining such articles, shall be on
any street;
3. Any goods, wares, merchandise or other things in any street or
public place, or place them thereon, unless he or she first shall obtain
the consent or permission, in writing, of the occupant of the lot or
building before which such articles or any part thereof shall be placed
or exposed for sale.
b. It shall be unlawful to employ any means of attracting the
attention of purchasers, other than a sign or flag, at or near any place
of sale, auction room, residence of any auctioneer, or at or near any
auction whatsoever.
c. Every article sold or exposed for sale at public auction, in any
street or public place, shall be removed therefrom by sunset on the day
of such sale or display.
Section 20-286
§ 20-286 Sale of real property; fees. a. It shall be unlawful for any
auctioneer to demand or receive for his or her services, in selling, at
public auction, any real estate directed to be sold by any judgment or
decree of any court of this state, a greater fee than fifty dollars for
each parcel separately sold, except that in all sales of real estate
conducted by any auctioneer pursuant to a judgment or decree of any
court of this state in any action brought to foreclose a mortgage or
other lien on real estate, the fees of such auctioneers shall be as
follows:
1. in all cases where the judgment of foreclosure is for an amount not
exceeding five thousand dollars, the fee shall be fifteen dollars;
2. in all cases where the judgment of foreclosure is for an amount in
excess of five thousand dollars, but not exceeding twenty-five thousand
dollars, the fee shall be twenty-five dollars;
3. in all cases where the judgment of foreclosure is for an amount in
excess of twenty-five thousand dollars, the fee shall be fifty dollars.
b. Where such sale is made at any public salesroom, such auctioneer
may demand and receive such further amount not exceeding ten dollars for
each parcel separately sold as he or she may have actually paid for the
privilege or right of making the sale in such salesroom.
c. Where one or more lots are so sold at public auction with the
option to the purchaser of taking one or more additional lots at the
same rates or price, nothing herein contained shall be construed to
prevent the auctioneer making such sale from demanding and receiving for
his or her services the compensation or fee above allowed, for each
additional lot taken by such purchaser under such option.
Section 20-287
§ 20-287 Split fees. It shall be unlawful for any auctioneer, either
directly or indirectly, to allow or pay to the receiver, referee,
sheriff, or other officer under whose direction a sale is made, pursuant
to section 20-286 of this subchapter or to any of the attorneys in the
action or proceeding from which such sale arises, any portion of his or
her fee or compensation.
Section 20-288
§ 20-288 False or fraudulent representations. Any auctioneer who shall
have knowledge of any false or fraudulent representations or statements
or who makes or causes any such statements to be made in respect to the
character of any sale, or the party authorizing the same, or the
quality, condition, ownership, situation, or value of any property, real
or personal, exposed, put up, or offered by him or her for sale at
public auction, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by imprisonment not exceeding one
year or by a fine not exceeding one thousand dollars.
Section 20-289
§ 20-289 Complaints. a. The commissioner may take testimony, under
oath, relating to and upon the complaint of any person who claims he or
she has been defrauded by any auctioneer, his or her clerk, agent or
assignee, or relating to and upon the complaint of any person who has
consigned real or personal property for sale and to whom such auctioneer
shall not have accounted fully. The license of each such auctioneer may
be revoked and his or her bond declared forfeited if, in the opinion of
the commissioner, such charge is sustained. Any such person whose
license has been revoked for cause shall not be granted another such
license.
b. The commissioner may take testimony, under oath, relating to and
upon the complaint of any person who claims that any auctioneer, his or
her clerk, agent or assignee, has been guilty of misconduct relating to
the business transacted under such auctioneer's license, and if such
charge, in his or her opinion, shall be sustained, the commissioner may
suspend such license for a period not to exceed six months.
Section 20-290
§ 20-290 Marshals exempt. Nothing in this subchapter shall apply to a
duly appointed marshal, who, by virtue of his or her office sells real
or personal property, levied upon by him or her under legal process.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.