(A) It shall be unlawful for any person, or any agent, servant or employee thereof to hold or conduct a sale by public auction of the types of personal properties set out in this chapter within the city without first having complied with the provisions of this chapter, filing for an application for a license pursuant to this chapter, obtaining a license to hold such sale by public auction pursuant to this chapter.
('72 Code, § 7-3)
(B) Every person desiring to hold or conduct a sale of secondhand goods or merchandise as such terms are defined in § 116.01 by public auction within the city shall first file with the License Department of the city a sworn application for a public auction license which shall contain the following information:
(1) The names and residences of the applicant, if the applicant is an individual, partnership or firm, or the names of the directors and officers and their residences, if the applicant is an association or corporation.
(2) The length of times such applicant has resided at his current residence, his place of previous employment, whether he has ever been convicted of a felony, and if so, what offense, when and in what court. If the applicant is a partnership or corporation then this section shall be applicable to the managing partner(s) and corporate officer(s).
(3) The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold, or otherwise handled.
(4) The location and address where such business is to be located or carried on.
(5) The names and addresses of the auctioneers who shall auction such personal property at the public auction sale. The application shall have impressed thereon the fingerprint record or the photograph of every person connected with the proposed sale by public auction in any way.
(6) That the applicant accepts the license, if granted, upon the condition that it will be revoked by the City manager upon conviction of the licensee of any offense enumerated in § 116.04(C).
(7) That the applicant accepts the license if granted on the condition that he accepts the right of a city law enforcement officer to inspect his premises in accordance with the terms of § 116.08.
(8) A statement of three references or testimonials of good reputation, from parties residing in the city, and three like references or testimonials from persons residing in any other community where the applicant has held or conducted sales by public auction, if any.
(C) Upon approval of such application by the City Manager, and as a condition precedent to the granting of a license under this chapter, the applicant shall post surety bond in the principal sum of $5,000 with a corporate surety authorized to do business within the state, to the city, conditioned that the applicant, as licensee hereunder, will pay all losses and damages that may lawfully be claimed and reduced to a judgment at law by any person purchasing merchandise of the types referred to in this chapter from such applicant, as licensee, by reason of misrepresentation of fact, fraudulent representation of fact or material suppression of fact made by such licensee, or his agents, servants or employees in making the sale of such merchandise to the purchaser thereof.
('72 Code, § 7-1)
(Ord. 442, passed - - ; Am. Ord. 447, passed - - ; Am. Ord. 608, passed - - ; Am. Ord. O-89-16, passed 5-3-89) Penalty, see § 10.99