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The application for a permit for an auction sale shall be filed with the City Clerk, under oath, where it may be examined by the public at any time before or during the sale. Not less than five full days after the proper application has been filed, the City Clerk shall issue a permit to the auctioneer named in the application, which permit shall authorize the auctioneer to conduct an auction sale of the property listed in the application at the place named therein, for the number of days for which an inspector's fee has been paid as hereinafter provided. Such permit, with the number of days plainly stated on its face, shall be posted by the auctioneer in a conspicuous place on the premises where the auction sale is being conducted and shall remain posted throughout such sale. However, if the application is for an auction sale where the principal merchandise auctioned is platinum, gold, silver, plated ware, precious or semiprecious stones, watches or other jewelry, all persons interested may examine the same thirty full days prior to the issuance of a permit. A permit shall not be required for a public auction of household effects and personal belongings to be auctioned at the bona fide residence of the owner or under the direction of a court administrator, provided that the sworn application filed with the City Clerk shows such to be the case.
(1974 Code Sec. 7.56)
The application for a permit to conduct an auction sale in the City shall be made by the owner of the property to be auctioned on blanks to be furnished by the City Clerk. The application shall be sworn to by the owner or by someone on the owner's behalf who knows the facts. It shall state the name of the auctioneer who is to conduct the sale, the location of the property; the place where the sale is to be held; that the property has been in the City for one year, or that it is a part or all of the stock of a merchant who had regularly done business in the City for one year; that all taxes which have become a lien on such property have been paid; that no property other than that listed will be sold or offered for sale at such auction sale; the number of days the sale is to continue and the hours of sale each day; and a completely itemized statement of the property, in duplicate, including, if it is personal property, an identifying number from each and every article, a brief description of its quality and character and its cost price to the owner. A permit fee as specified in the Business License Fee Schedule shall accompany such application. In addition to such permit fee, the auctioneer or owner shall cause to be paid to the City Treasurer, before a permit is issued, an inspector's fee as specified in the Business License Fee Schedule for each calendar day during which an auction sale is to be held for the sale of jewelry, watches and similar items, and the permit shall be operative only on the days for which such fee has been paid. However, new permits may be issued by the City Clerk from time to time upon the payment of additional inspector's fees.
(Ord. 797. Passed 10-6-04.)
The Chief of Police may appoint an inspector, who, at all times, shall be on the premises where jewelry, watches and similar items are to be auctioned. He or she shall be given one copy of the inventory by the City Clerk upon which he or she shall keep a record of each article that is offered for sale and whether or not such article is struck off to the highest bidder. If any article is offered for sale by the auctioneer, which article does not appear on the inspector's inventory, or if an article is offered for sale which had been previously struck off to a bidder at such sale, the inspector may forbid the sale of such article and take such other steps as appear to be necessary to protect the interests of the public.
(1974 Code Sec. 7.58)
The following acts, omissions and practices in connection with auction sales are hereby prohibited:
(a) The use of deceit, fraud or misrepresentation in the sale of any property;
(b) The substitution of another article for that bid upon by the prospective purchaser;
(c) The use of false bidders, cappers or puffers;
(d) The use of bells, buzzers, ballyhoo, loudspeakers or any variety of mechanical or excessive vocal sound to attract attention;
(e) The use of any false or misleading advertising matter;
(f) A sale by a person other than the licensed auctioneer named in the application;
(g) Failure to exhibit an auctioneer's license to a police officer on demand at the place where the auction is being conducted;
(h) Failure to completely post the auction sale permit;
(i) Sale of property not listed on the inventory filed with the City Clerk;
(j) Adding property to the stock sought to be sold after the inventory is filed or within 120 days prior thereto in anticipation of such sale;
(k) Offering property for sale which has once been struck off to the highest bidder; and
(l) The carrying on of auction sales without obtaining a license as provided in this chapter.
(1974 Code Sec. 7.59)
If an auction sale is for the sale of platinum, gold, silver, plated ware, precious or semiprecious stones, watches or other jewelry, each article sold shall have securely attached to it a tag or label upon which shall be plainly written or printed in English a true and correct statement of the kind and quality of the metal of which such article is made or with which it is plated, and/or the true name, weight, quality and color of any precious or semiprecious stone, together with the name of the manufacturer of such article. No such auction sale shall continue longer than fifteen days.
(1974 Code Sec. 7.60)
This chapter shall not apply to a sheriff, constable or other public or or court officer, or to any person acting under the license, direction or authority of any court, State or Federal, selling property in the course of his or her official duties, or to any person selling property under and by virtue of any statute, State or Federal.
(1974 Code Sec. 7.61)
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)