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It is unlawful for any person to engage in business as a transient auction house without applying for and obtaining a transient auction house license from the license official. No such licensee shall be relieved from the provisions of this chapter by reason of temporary association with any licensed dealer, trader, merchant or auctioneer, or by reason of conducting such temporary or transient business in connection with or as a part of or in the name of any other licensed dealer, trader or merchant auctioneer. (1999 Code)
The license fee for engaging in business as a transient auction house shall be as specified on the fee schedule adopted pursuant to section 5.06.050 of this title. (1999 Code)
The applicant for a license for an auction house or a transient auction house shall file with the city a cashier's check or irrevocable letter of credit acceptable to and approved by the city attorney as specified in title 3, chapter 3.35 of this code, which shall indemnify the city and any person injured or damaged through dealing with the licensee or their employees or agents, and be in full force and effect for the year in which the license is issued. It shall be conditioned on the fact that if the applicant is issued such license, the licensee will fully comply with all provisions of the ordinances of the city and the statutes of the state regulating and concerning auctions and auctioneers, will render true and strict accounts of all auction sales to any person or persons employing such auctioneer to make the same, will not practice any fraud, deceit, or make any material misrepresentations of fact with reference to property from any auction sale conducted under the license, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or wrongful act on the part of the licensee, his agents or employees, and the conduct of the auctioneer in the exercise of the call of auctioneer. (1999 Code; amd. Ord. 2010-27, 12-9-2010)
Nothing in this chapter shall be deemed to exempt any auction house or auctioneer, or the seller of any goods sold at auction, from any license, tax or other ordinance of the city, nor from any of the laws of the state to which any of them may be subject. (1999 Code)
A. Before any sale is made at auction, the licensee must attach to each article to be sold that has a retail value of five dollars ($5.00) or more a card with the number of the article endorsed thereon, so that the number corresponds to the article as it is described in the inventory on file with the license official.
B. No article that has a retail value of five dollars ($5.00) or more shall be sold at auction other than the merchandise described and set forth in the inventory on file with the license official. (1999 Code)
It is unlawful for anyone to sell or offer for sale at auction any merchandise unless the merchandise shall have been within the state at least fifteen (15) days immediately prior to the sale or offer for sale. However, livestock shall only be required to be within the state for at least two (2) days prior to said auction. (1999 Code)
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