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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)
The right to bid may be reserved expressly by, or on behalf of the seller. Notice of such reservation shall be posted, and shall remain posted throughout the auction sale in a prominent and conspicuous place where the sale is being conducted, in letters large enough to be reasonably visible to any person with normal vision who may attend the sale, reading substantially as follows: Seller reserves the right to bid on any article at any time. (1999 Code)
Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself, or to employ or induce any person to bid at such sale or on his behalf, or for the auctioneer to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. (1999 Code)
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