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Auction House (Premises) License

 
- General Information
- Links
- Prerequisites
- Process Steps
- Fees, Tax Rates, and Payment Information
- Contact Information
- Disclaimer
General information [back to top]  
Agency:
Consumer Affairs, Department of (CITY)
Description:
Any business that owns or rents a space where a public auction occurs must have an Auction House (Premises) license. Only licensed Auctioneers may act as an Auctioneer at the Auction House.

Licenses are valid for two years and expire on June 15 of years that end in an even number.
Links [back to top]  
Prerequisites [back to top]  
1.  Applicable business certificates, based on the business's legal structure as described in prerequisites 2 through 5, below, are required before filing a DCA License Application. Although DCA does not require hardcopy submission of business certificates, DCA reserves the right to request and examine the documents under section 20.104 of the New York City Administrative Code. 
2.  Sole Proprietorships operating under a trade or Doing-Business-As (DBA) name must file a Business / Assumed Name Certificate with the clerk of the county in which the business is conducted. Sole Proprietors doing business under their own name - and not under a trade or Doing-Business-As (DBA) name - do not need a Business Certificate.
3.  General / Business Partnerships must file a Partnership Certificate with the clerk of the county in which the business is conducted.
4.  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. To confirm the status of your business entity, visit the Department of State Corporation and Business Entity Database Search link, above. If operating under an Assumed or Doing-Business-As (DBA) Name, an Assumed Name Certificate must also be filed for your business.
5.  Businesses incorporated outside of New York State must obtain a Certificate of Doing Business in Good Standing from your home state's Secretary of State and file it with an application for Authority to Conduct Business in New York with the New York State Secretary of State.
6.  The application for this license (the Basic License Application) requires information regarding the business, including applicable identification numbers (such as EIN, SSN, or ITIN); contact information for the business location and business owner, history of criminal and / or civil charges for the business owners, partners, shareholders, and officers; and any DCA license history for individuals named on the application and their relatives.
7.  Application for Registration as a Sales Tax Vendor (Certificate of Authority)
8.  A copy of a $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. The business's name, the Doing-Business-As (DBA) name (if any), and the premises address must be exactly the same on all documents. 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 must also be submitted. A list of bonding companies is available at the link above.
9.  The Child Support Certification Form is required if your business is a sole proprietorship, general partnership or limited partnership. The proprietor or each individual general partner must complete a Child Support Certification Form.
10.  The Granting Authority to Act Form is required only if the license application will be filed by someone other than the applicant.
11.  Sole proprietors, general partners, directors, corporate officers, and shareholders owning 10% or more of company stock must be fingerprinted at the Department of Consumer Affairs (DCA) Licensing Center. Each person who must be fingerprinted must visit the DCA Licensing Center, located at the address below, and must show a valid photo identification (ID). Acceptable forms of ID include: a driver's license or a non-driver's ID issued by a State Department of Motor Vehicles; a license or permit issued by a government agency; a passport; an alien card / green card; or if applicant is a City, State or Federal employee, an employee identification card. EXCEPTIONS: Any person who currently holds or held within the past three years a DCA license that required fingerprinting, or has submitted fingerprints to the DCA Licensing Center within the past three years does not need to be fingerprinted.
12.  License Fee, as identified below.
 
Process Steps [back to top]  
Steps to Apply Online:
1.  Click the Apply Online link above. By doing so, you can complete and submit the following forms online: basic license application, bond details, child support certification form (if applicable), and granting authority to act form (if applicable). You will need to complete and submit your application in one sitting as applications cannot be saved. Please ensure you have all the information listed under prerequisites, above, and a major credit card available.
2.  After submitting an application online, Auction House applicants must visit the DCA Licensing Center, located at the address below, within five business days to be fingerprinted and to submit a copy of the $2,000 surety bond and bond receipt, as explained in the prerequisites section above. Your license application will not be complete without these requirements.
 
Steps to Apply Offline:
1.  Complete the forms required for your business, as identified in the prerequisites section above. These application forms can be downloaded by clicking the links in the Application Materials section above. File all documentation at the address below between 9:00 a.m. and 5:00 p.m. on Mondays, Tuesdays, Thursdays and Fridays, and from 9:00 a.m. to 5:30 p.m. on Wednesdays.
 
Fees, Tax Rates, and Payment Information [back to top]  
Fees:
  • Licensing Fee: $100 to $500 – The fee is pro-rated depending on the time the application is filed. Please refer to the License Application Checklist link, above, for more details.
  • Fingerprint Fee: $75 per person
  • Non-Refundable Service Fee: $4 to $10 – This fee applies to online application submissions only and is pro-rated depending on the time the application is filed.
  • Payment Types Accepted:
  • Check (payable to NYC Department of Consumer Affairs, accepted for in person application submissions only and for payment of fingerprint fee)
  • Money Order (payable to NYC Department of Consumer Affairs, accepted for in person application submissions only and for payment of fingerprint fee)
  • Visa
  • MasterCard
  • American Express
  • Discover
  • Contact Information [back to top]  
    DCA Licensing Center:
    42 Broadway, 5th Floor
    New York, NY 10004
    For further assistance please call 311 and ask for: Auction House Premises License
    Website: http://www.nyc.gov/consumers
    Disclaimer [back to top]  
    This page provides general information only. The information does not address all relevant regulatory requirements of City, State or Federal Agencies, nor does it address requirements with which the business must comply on an ongoing basis. It is the business owner's responsibility to meet all City, State and Federal requirements. Failure to comply with all applicable laws and regulations may result in fines or in the suspension and/or revocation of licenses or permits, or other penalties as allowed by law.

    All laws and rules of the City of New York, including the Consumer Protection Law and Rules, are available through the Public Access Portal, available at the link above. For convenience, sections of the New York City Licensing Law (and Rules, if enacted) are available as a downloadable handout at the link above.

    Please note that this information is not legal advice; you can only obtain legal advice from a lawyer. For more information or assistance, please contact the issuing Agency, using the contact information above, or call 311 (or 212-NEW-YORK if outside of New York City).
     


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