AUCTIONS AND AUCTIONEERS
For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
AUCTION STORE. Includes any store or place where goods and merchandise of any kind usually sold at retail are offered for sale at public auction. The business of selling at public auction of livestock and secondhand goods and articles not immediately prior thereto having been offered for sale at retail when offered for sale by the owner or through another as agent shall not be included within the term AUCTION STORE; but the term AUCTION STORE shall include the sale at public auction of a stock of retail goods or part of stock of retail goods purchased for the purpose of offering for sale at public auction.
(1957 Rev. Ords., § 8.202; 1992 Code, § 36-17)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
This subchapter shall not apply to any person conducting an occasional auction sale at his or her place of business by a licensed auctioneer, and having had for four months theretofore a regularly established place of business where goods and merchandise are sold at retail in the ordinary manner. The term
OCCASIONAL AUCTION SALE as used in this section shall mean auction sales continuing no longer than four days at a time and not more frequently held in the same store or place of business than once in every four months, or the sale at auction of a regular stock of goods at a regularly established place of business for the purpose of closing out the business or of disposing of goods damaged by fire.
(1957 Rev. Ords., § 8.202; 1992 Code, § 36-18)
The provisions of chapter 110 of this Code, insofar as the provisions may be applicable and not in conflict shall apply to and govern the issuance of any license under the provisions of this subchapter.
(1992 Code, § 36-19)
(a) No person shall sell or offer for sale or cause to be sold or offered for sale at public auction other than at mortgage or judicial sale or sale under legal process any gold, silver or plated ware, precious or semiprecious stones, watches or jewelry, referred to in this section as jewelry, unless he or she shall have been regularly engaged in an established business of selling jewelry for at least 12 months prior to making the application for a license therefor.
(b) A person desiring to hold an auction sale shall file with the city’s licensing specialist a verified application in regular form and also setting forth the name of the owner of the stock, and that the applicant has not held an auction sale of similar merchandise in the city within 12 months of the time of the application.
(c) The license shall be issued by the city’s licensing specialist to the applicant, permitting him or her to hold an auction sale for a period of ten days, excluding Sundays and holidays, from the date of the issuance of the license.
(1957 Rev. Ords., § 8.203; 1992 Code, § 36-20) (Ord. 140-06, passed 10-16-2006)