As used in this chapter:
AUCTION HOUSE: A building, site, or location from which an auction is conducted. Auction houses shall not include estate auctions conducted at the residence of the deceased; auctions for the liquidation of a business licensed under this title, if conducted on the premises of that business; and auctions to dispose of abandoned or unclaimed property, if conducted on the premises of a business licensed under this title and the property to be auctioned was initially received or stored in the regular course of that business.
AUCTIONEER: A person who conducts a public competitive sale of property by outcry to the highest bona fide bidder.
(1979 Code §§ 5.10.010, 5.10.011; amd. Ord. 90-42, 7-26-1990)
A. Required; Fee: It is unlawful for any person to act as an auctioneer in the city unless he has a valid business license in full force and effect as required by chapter 1 of this title. It shall be unlawful for any person, firm or corporation or association to operate as an "auction house", as defined in section 5-5-1 of this chapter, within the city unless licensed under chapter 1 of this title. The business license fees shall be as specified in chapter 1, article B of this title.
B. Exemptions: 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; nor to the sale of household goods or effects by the owner thereof at his place of residence; nor to the sale of live animals or poultry at any stockyards, stock show or fair.
C. Bond Required: Before issuing any auctioneer's license under the provisions of this chapter, the business license coordinator shall require the applicant to execute and file with him a bond to the city with a corporate surety in the sum of one thousand dollars ($1,000.00), conditioned for the faithful observance of all of the laws of the state and the ordinances of the city applicable to the activities of the auctioneer and for the honest performance of all duties required by the city ordinances of an auctioneer and the protection of all persons dealing with or through an auctioneer against any fraud, deception, breach of warranty or imposition. Such bond must be approved in writing by the city attorney before filing.
(1979 Code §§ 5.10.020, 5.10.030, 5.10.040; amd. Ord. 90-42, 7-26-1990; 1999 Code)
A. Receipt For Property: It is unlawful for any auctioneer receiving any personal property for sale at public auction to fail to give to the person delivering to him such property an itemized receipt. A copy of the receipt so given shall be kept at the auctioneer's place of business for at least one year and shall be subject, at any reasonable time, to inspection by the police department or by an "authorized officer" as defined in section 5-1A-1 of this title. The copy of such receipt so to be maintained by the auctioneer shall contain the true and correct name and address of the person delivering such goods to the auctioneer. It is unlawful for an auctioneer to fail to maintain a copy of such receipt complete with the information required in this section in accordance with the requirements set out in this chapter, or to refuse a police officer or other authorized officer access thereto for purposes of inspection at any time when the auctioneer's place of business is open or at any other reasonable time.
B. Statement Of Transaction: At the close of the sale at auction of any personal property, the auctioneer shall deliver an accurate written statement of the transaction to the owner of the property sold or his authorized representative, and shall pay to the person legally entitled thereto the purchase price received upon the sale of such property, deducting therefrom only his agreed commission. Upon the close of any sale at auction of any personal property, the auctioneer shall, upon demand of the person purchasing the same, furnish to such purchaser a written memorandum of the transaction particularly describing the article sold. It is unlawful for any auctioneer to fail to comply with any provision of this subsection.
C. Goods Held Over One Business Day: It is unlawful for any auctioneer to sell any goods or chattels at public auction unless and until one full business day has elapsed between the time the auctioneer has issued the receipt required to be issued by subsection A of this section and the copies of such receipts have been maintained for inspection at the auctioneer's place of business throughout the business day.
(Ord. 2011-51, 10-25-2011)
A. Misleading Conduct: It is unlawful for any auctioneer to make any fraudulent, misleading, untruthful or unwarranted statements with respect to the character, quality, kind, value, ownership or origin of the goods, wares and merchandise sold or offered for sale by him or to make any other misleading or untruthful statements with respect thereto, or to substitute another article for the article actually sold.
B. Misleading Bidding: It is unlawful for any person, firm or corporation conducting or interested in any sale of property at auction to employ or use at such sale any by-bidder, capper or booster. Every sale must be bona fide, and it is unlawful for any auctioneer at an auction sale to accept or pretend to accept any false, misleading or fictitious bid for any article offered for sale.
C. Public Disturbances: It is unlawful for any auctioneer, or for any other person concerned or interested in any auction sale, to conduct an auction sale in such manner or in such place as to cause people to gather in crowds upon the sidewalks or public streets of the city so as to obstruct the same. It is unlawful for any person to make or cause to be made any noisy announcements of an auction sale, including, but not limited to, the ringing of bells or blowing of whistles through the streets of the city. It is unlawful for any person to employ or suffer to be used at or near any place of an auction sale any bellman or crier or drum or fife or other musical instrument or noisemaking means of attracting the attention of passersby.
(1979 Code §§ 5.10.090, 5.10.100, 5.10.110)