DCA Licensing Center 42 Broadway, 5th
Floor New York, NY 10004 For more information, call 311 (or 212-NEW-YORK
outside of New York City).
LICENSE DESCRIPTION: Any business that owns
or rents a space where a public auction occurs must have an Auction House
(Premises) license.
This description is only a general explanation of
which businesses need to have an Auction House (Premises) license.
ADDITIONAL DCA LICENSE YOU MAY NEED:
If you plan to sell merchandise by public auction, you must also obtain an
Auctioneer license. Only licensed Auctioneers may act as an Auctioneer at the Auction House.
Note: New York City businesses must comply with all relevant
federal, state, and City laws and rules. All laws and rules of the City of New
York, including the Consumer Protection Law and Rules, are accessible using the
Public Access Portal. For convenience,
sections of the New York City Licensing Law (and Rules, if enacted) are
available as a downloadable
handout.
Please note that businesses are responsible for knowing and complying with
the most current laws, including any City Council amendments. The Department of
Consumer Affairs (DCA) is not responsible for errors or omissions in the
handout. The information is not legal advice. You can only obtain legal advice
from a lawyer.
APPLICATION REQUIREMENTS:
Before You File Your DCA License
Application: You must obtain the following required documents
before filing your application. Although DCA does not require
submission of these documents in order to process your application in person or
online, DCA reserves the right to request and examine the documents under
section 20.104 of the New York City Administrative Code.
Applicable Business Certificates based on your Business's
Legal Structure
Sole Proprietorships operating under a name other than your own must file a
Business/Assumed Name Certificate with the clerk of the county in which your
business is conducted.
Sole Proprietorships doing business under your own name—and not under a
trade or Doing-Business-As (DBA) name—do not need a Business Certificate.
General/Business Partnerships must file your Partnership Certificate with
the clerk of the county in which your business is conducted.
Corporations, Limited Partnerships, Limited Liability Companies, or Limited
Liability Partnerships must register and remain active with the New York State
Department of State. Active status will be verified by DCA prior to license
issuance. You can confirm the status of your business entity at NYS Web site. If applicable, you must also file an Assumed
Name Certificate for your business.
Businesses incorporated out of state must obtain a Certificate of Doing
Business in Good Standing from your home state’s Secretary of State and file
this with an application for Authority to Conduct Business in New York with
the New York State Secretary of State.
When You File Your DCA License
Application: Below are requirements when filing your license
application:
Basic License Application
NEW: Auction House applicants can
now submit new license applications online. Applying for the
license online does not mean the license is automatically approved. A major
credit card is required to submit applications online. Convenience fees apply.
After reviewing application requirements, please click the Apply Online link at
the bottom of this Web page to submit your application online.
Sales Tax Identification Number OR Certificate of Authority Application
Confirmation Number The Sales Tax Identification Number is the 9, 10,
or 11-digit number on your New York State Department of Taxation and Finance
Certificate of Authority. You must enter this number on the Basic License
Application form. If you have not received your Certificate of Authority,
please enter the 6-digit confirmation number you received when you
successfully submitted the application for a Certificate of Authority.
To obtain an application for a Certificate of Authority, visit the NYS
Department of Taxation and Finance online at www.nystax.gov or call toll-free (800)
698-2909. Allow four to six weeks after applying to the New York State
Department of Taxation and Finance to receive your Certificate of
Authority.
Copy of your $2,000 Surety Bond (or Third Party Bond), properly
signed The copy of the bond must name the Department of Consumer
Affairs as the Certificate Holder. Your corporate name, Doing-Business-As
(DBA) name (if any), and premises address must be exactly the same on all
documents. You must also submit a copy of the bond receipt showing that the
bond has been paid in full and does not expire before the end of the licensing
period.
Download a list of bonding companies (in PDF) The
companies listed have provided bonds for licensees, or have communicated to
the Department of Consumer Affairs an interest in doing so. The list must not
be considered a recommendation of any company, or a complete listing. All
applicants are advised to investigate and compare these and other bonding
companies. Some companies may provide only certain types of bonds. Companies
are listed in alphabetical order.
Child Support Certification Form (download) If
your business is a SOLE PROPRIETORSHIP or GENERAL or LIMITED PARTNERSHIP, the
proprietor or each individual general partner must submit a
Child Support Certification Form.
Granting Authority to Act Affirmation (download)
If this application will be filed by someone other than
the license applicant, the license applicant must submit a Granting Authority
to Act Affirmation.
Fingerprints and Processing Fee All sole proprietors,
general partners, directors, corporate officers, and all shareholders owning
10% or more of company stock must be fingerprinted at the Department of
Consumer Affairs (DCA) Licensing Center. EXCEPTIONS: Any
person who currently holds or has held within the past three years a DCA
license that required fingerprinting does not need to be fingerprinted. Any
person fingerprinted at the DCA Licensing Center within the past three years
does not need to be fingerprinted. Each person who must be fingerprinted
must visit the DCA Licensing Center, located at 42 Broadway, 5th Floor, in
lower Manhattan, with photo identification (ID) and pay a $75 processing fee
by check or money order, payable to NYC Department of Consumer Affairs.
Acceptable forms of ID include:
driver’s license or non-driver’s license identification issued by a
State Department of Motor Vehicles
license or permit issued by a government agency
passport
alien card/green card
a City, State, or Federal employee ID card
Your fingerprints will be checked for any criminal record that you may
have. Note that a conviction will not necessarily prevent you from being
granted a license. However, failure to reveal a conviction can constitute
grounds for the denial of your application.
License Fee For in-person application submissions, the
License Fee must be paid by credit card, money order, or check. Cards accepted
include Visa, MasterCard, American Express, and Discover Card. Checks or money
orders must be payable to NYC Department of Consumer Affairs. The chart below
lists the amount due depending upon when your license application is filed.
Note: An odd year is any year ending in an odd digit; for
example, 2009, 2011, etc. An even year is any year ending in an even digit;
for example, 2010, 2012, etc.
Please note that
convenience fees apply if you submit your license application online. A major
credit card is required to submit applications online.
AUCTION HOUSE LICENSE
License Term
License Expiration Date
If You File Your Application Between These
Dates:
Your License Fee is:
2 years
June 15 Even years
From June 16 in an even year to
December 15 in an even year
$400
From December 16 in an even year to June 15 in an odd
year
$300
From June 16 in an odd year to December 15 in an odd
year
$200
From December 16 in an odd year to June 15 in an even
year
$100 OR *$500
*Note: If you are applying for the license between December
16 in an odd year and June 15 in an even year, you can pay the prorated fee for
the license period about to end ($100) PLUS the fee for the new two-year license
period ($400), for a total of $500. If you pay both fees, you will not
need to renew the license until June 15 of the next even
year.
Online Applicants: If you submit your license
application online between December 16 in an odd year and June 15 in an even
year, you will be required to pay the combined fee totaling $500. You will
not need to renew the license until June 15 of the next even
year.
APPLICATION FILING
PROCESS:
ONLINE
SUBMISSION: Please make sure that you have
reviewed and recorded the information required to submit a license application
online before clicking the button below. Note: After
successfully filing the application form online, Auction House applicants must
visit the DCA Licensing Center within five (5) business days to be
fingerprinted. As outlined in the "When You File" section, applicants must
submit a copy of the $2,000 surety bond and bond receipt. If you do not upload
required documents as part of the application form submission, you must fax,
e-mail, or bring documents to the DCA Licensing Center within five (5) business
days after successfully filing the application form online. Applicants should
follow instructions on the printed confirmation page. Your license application
will not be complete without these requirements.
You will be routed to NYC Business Express.
IN-PERSON SUBMISSION: Applications may be filed in person at the DCA Licensing Center
at the address above between 9:00 a.m. and 5:00 p.m. on Monday, Tuesday,
Thursday and Friday, and from 8:30 a.m. to 5:00 p.m. on
Wednesday.