5.16: Auctioneers
Chapter 5.16
AUCTIONEERS
Sections:
5.16.010 Definition.
5.16.020 License--Bond execution and Approval Required.
5.16.030 Time of sale.
5.16.040 Applicability to charitable functions.
5.16.050 False representation unlawful.
5.16.060 Auction house--Defined.
5.16.070 Auction house--License required.
5.16.080 Auction house--Bond required.
5.16.090 Transient auction house owner Designation--Applicability of chapter.
5.16.100 Transient auction house owner--License and bond--Required.
5.16.110 Permit--Required.
5.16.120 Sale of jewelry.
5.16.130 License--Revocation.
5.16.140 Receipt for goods.
5.16.150 Conduct of auction sales-Generally.
Section 5.16.010 Definition.
An "auctioneer,' as contemplated in this chapter is a person who conducts a public competitive sale of property by outcry to the highest bona fide bidder. (Prior code §4-l (part).)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.020 License--Bond execution and Approval Required.
It is unlawful for any person to engage in the business of auctioneer within the city without first procuring a license to do so. Such auctioneer shall execute a bond to the city with corporate surety in the sum of five hundred dollars conditional for the faithful observance of all laws and ordinances of the city and the honest performance of all duties required by ordinance and the protection of all persons dealing with such auctioneer against all fraud, deception and imposition; said bond to be approved by the city council and filed with the city recorder. (Prior code §4-l(part).)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.030 Time of sale.
All sales of goods, wares or merchandise by public auction in the city must be made between the hours of seven a.m. and seven p.m. (Prior code §4-2).
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.040 Applicability to charitable functions.
The provisions of this chapter shall not apply to any auction held for charitable or benevolent purposes nor for any church fair, festival or bazaar. (Prior code §4-3)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.050 False representation unlawful.
It is unlawful for any auctioneer when selling or offering for sale at public auction any goods/wares or merchandise under the provision of this chapter, while describing said goods, wares or merchandise with respect to character, quality, kind or value or otherwise, to make any fraudulent, misleading, untruthful or unwarranted statements tending in any way to mislead bidders or to substitute an article sold for another. (Prior code §4-4.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.060 Auction house--Defined.
An "auction house,'" as contemplated in this chapter, is a place where personal property is sold at auction by an auctioneer. (Prior code 54-5 (part).)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.070 Auction house--License required.
It is unlawful for any person to engage in the business of, or to keep, conduct or operate an auction house within the city without first obtaining a license so to do (Prior code §4-5 (part).)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.080 Auction house--Bond required.
An applicant for an auction house license, who is not a transient auction house dealer, shall execute a corporate surety bond in the sum of $500 in favor of the city and of any person injured or damaged by false or fraudulent representations in dealing with said auction house, conditioned for the faithful observance of all-laws and ordinances of the city, the honest conduct of the business engaged in, and for the payment of damages of all persons injured or damaged by fraud or false or fraudulent representations in dealing with said auction house; said bond to be approved by the city council and filed with the city recorder. (Prior code §4-5(part).)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.090 Transient auction house owner Designation--Applicability of chapter.
Any person, or any agent, servant or employee of any person who shall sell, or offer for sale at auction any goods, wares, merchandise or articles of value in or from any hotel, rooming house, dwelling house, boarding house, store, storeroom, stall, tent, building, structure, stand or other place indoors or outdoors within the city, and who shall occupy said place for the purpose of conducting a temporary business therein, shall be deemed a transient auction house owner for the purpose of this chapter; and the person, or any agent, servant or employee thereof so engaged shall not be relieved from the provisions of this chapter by reason of association temporarily with any licensed dealer, trader, merchant or auctioneer, or by conducting such temporary transient business in connection with or as part of or in the name of any other licensed dealer, trader, merchant or auctioneer. (Prior code §4-6.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.100 Transient auction house owner--License and bond--Required.
No transient auction house owner shall be entitled to a license under any other provisions of the code of the city or as an auction house owner under the provisions of this chapter and said transient auction house owner shall file a corporate surety bond in like manner and for the same amount as a auction house owner. (Prior code §4-7.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.110 Permit--Required.
It is unlawful for any auctioneer, or person/ to sell or offer to sell at public auction in the city, any stock or stocks of merchandise in whole or in part, or to keep, conduct or operate an auction house or a transient auction house in the city for the purpose of selling or offering for sale any stock of merchandise in whole or in part, without first obtaining from the city council of the city a permit in writing so to do and the city council will not issue a permit for any sale until it is satisfied by proof by the applicant or otherwise that neither fraud nor deception of any kind is contemplated or will be practiced, and that neither the sale, the reasons given there for, nor the goods to be sold have been or will thereafter be fraudulently or falsely advertised or in any way whatsoever misrepresented as far as said public auction is concerned; and said application for said permit shall be by verified petition, stating the name of the applicant, his residence, the street and number of the proposed place of sale, and shall set forth in detail the goods to be sold and what statements or representations are to be made or advertised regarding the same, and the length of time for which the permit is desired, and whether or not said business was previously in operation, designating the place where the same was conducted and furnishing the city council with such further evidence as shall be deemed necessary to establish the truth of the statements made in said petition. (Prior code §4-8.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.120 Sale of jewelry.
The city council will not issue any permit to sell at public auction or to conduct or operate a public auction house for the purpose of selling any jewelry, diamonds or other precious stones, watches, gold and silver ware, gold and silver plated ware, bric-a-brac or articles of value, and other like merchandise after the 30th day of September and up to and including the 31st day of December of each and every year, except upon payment in advance of the license fee required to be paid by a transient auction house owner. (Prior code §4-9.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.130 License--Revocation.
Licenses issued under this chapter may be revoked by the city council whenever it shall have been made to appear to its satisfaction upon a proper hearing that the licensee has violated any of the terms or provisions of this chapter or of the licensee's bond. Upon revocation the right of the licensee shall cease and the unearned portion of the license fee shall be forfeited to the city. (Prior code §4-10)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.140 Receipt for goods.
It shall be the duty of all licensed auctioneers to receive all articles which may be offered them for sale at auction, upon satisfactory proof of ownership and give receipts therefor; and at the close of any sale, which must be made as the owner directs, the auctioneer shall deliver a fair account of such sale, and pay the amount received for such articles to the person entitled thereto, deducting therefrom a commission not to exceed ten percent on the amount of such sale. (Prior code §4-11.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
Section 5.16.150 Conduct of auction sales-Generally.
All auctioneers are forbidden to conduct their sales in such manner as to cause people to gather in crowds on the sidewalks so as to obstruct the same; nor shall they use immoral or indecent language crying their sales; or make or cause to be made noisy acclamations such as ringing of bells, blowing of whistles or otherwise, though not enumerated here, through the streets in advertising their sales; and no bellman or crier, drum or fife, or other musical instrument or noise-making means of attracting the attention of passers-by, except the customary auctioneer's flags shall be employed or suffered to be used at or near any place of sale or at or near any auction room or near any auction whatsoever. (Prior code §4-12.)
(Ord. 98-1, Repealed and Replaced, 08/24/2000)
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