5.30.250: SELLER BIDDING AT SALE WITHOUT RESERVE PROHIBITED:

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)

5.30.260: RECEIPTS FOR MERCHANDISE; COMMISSIONS:

It shall be the duty of all licensed auctioneers to receive all articles that may be offered for sale at auction and give receipts therefor. 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 (10%) on the amount of the sale. (1999 Code)

5.30.270: RECORD KEEPING REQUIREMENTS; GENERALLY:

In every case where an article is sold for five dollars ($5.00) or more, the licensee shall keep a complete record of all such sales made at an auction, showing the name and address of each purchaser, a description of each such article sold, including the number thereof, corresponding with the numbers shown upon the inventory on file with the license official, and the date of each sale. The record shall be open at all times to inspection by the license official. (1999 Code)

5.30.280: RECORD KEEPING REQUIREMENTS; VALUABLE ARTICLES:

Any auction house licensee providing auction house facilities for auctioneers of "valuable articles", as that term is defined in section 5.30.300 of this chapter shall, within a period of ten (10) days following the final day of auction of such valuable articles, provide the license official with complete records of all sales of valuable articles, including:

   A.   Purchaser Information: The names and addresses of all purchasers of all valuable articles at such auction, and the date upon which such purchase was made;

   B.   Description: A description of the valuable article purchased, and the purchase price paid for such article;

   C.   Auctioneer Information: The name and address of the auctioneer selling such article, and the name and address of the responsible person or entity on whose behalf the auctioneer made such sale; and

   D.   Auction House Information: The name and address of the auction house licensee. (1999 Code)

5.30.290: PURCHASER'S RIGHT TO RETURN MERCHANDISE FOR FULL REFUND:

   A.   Time Limited: Purchasers at auctions of "valuable articles", as that term is defined in section 5.30.300 of this chapter, may return such articles for a period of ninety (90) days to the auction house licensee responsible, and receive from the licensee full refund upon tender of the merchandise with proof of purchase. Failure of the auction house licensee to provide a refund within a period of five (5) days after presentation of the merchandise and demand for refund shall result in loss of the auction house license and forfeiture of the posted bond to the extent necessary to satisfy the demand of claimants under this section. To the extent that an auction house licensee fails to meet such claims, or the amount of the posted bond required under section 5.30.170 of this chapter is insufficient to meet the claims of purchasers returning merchandise under the provisions of this section, then the auction house licensee shall be liable to such purchasers directly.

   B.   Notice Posted: All auction houses shall post a notice in a prominent, conspicuous place wherein any auction sales are being conducted, in letters large enough to be visible to any person with normal vision who may attend such sale, reading substantially as follows: Purchasers of merchandise acquired at this auction may, for a period of ninety (90) days from the date of purchase, return such merchandise to (the auction house licensee) and receive the full refund of any amounts paid for such merchandise. (1999 Code)

5.30.300: VALUABLE ARTICLES DEFINED; WHEN SALE OF VALUABLE ARTICLES PROHIBITED:

It is unlawful to offer for sale at auction or sell at auction any valuable article, defined as gold, silver plated ware, clocks, watches, oriental rugs or rugs purported to be from the middle east or eastern part of the world, diamonds or other precious or semiprecious stones or any imitation thereof, glassware, china, linens or jewelry, or any article purporting to be or represented as any of the above articles, between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M. of the following day. (1999 Code)

5.30.310: UNLAWFUL ACTIVITIES DESIGNATED:

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 in 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 noisemaking means of attracting the attention of passersby, 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. (1999 Code)

5.30.320: BY-BIDDERS PROHIBITED:

It is unlawful for any person to act at any sale by auction as a by-bidder or booster, to buy in behalf of the auctioneer or owner, or to increase the price of the article to be sold, or to make any false bid. (1999 Code)