Sec. 7-5. Bond required for class B and auction house license.

The bond required to be filed with the application for an auctioneer class B and an auction house license shall be in the sum of five thousand dollars ($5,000.00) payable to the city and executed by two (2) or more good and sufficient sureties or by a surety company qualified to execute surety bonds in the state, and shall be approved by the director of finance. Such bonds shall be joint and several and conditioned that the principal in the bond will faithfully conform to each and all ordinances of the city then in force or thereafter adopted, relating to auction sales of the business of auctioneers. The principal and surety or sureties named in such bond shall be jointly and severally bound unto any and every person aggrieved or damaged by any breach of the condition of the bond; and the bond shall not be void upon the first recovery but may be sued and recovered upon from time to time until the whole penalty is exhausted; and the life obligation of such bond length of time as such license remains in force and effect and for ninety (90) days thereafter.

(1953 Code, ch. 5, § 4; Ord. No. 7434, § 3, 6-18-90)

Sec. 7-6. Investigation of applications; issuance of licenses.

Alter the application and bond have been made and filed, the license inspector shall make an investigation of the statements and references contained in the application; and if satisfied that the statements are true, and that the applicant is a fit and proper person to carry on such business, the license inspector shall recommend that a license be granted; and there shall be issued to the applicant either a class A, class B or auction house license to do business as in the case of other licenses provided for in this article.

(1953 Code, ch. 5, § 5)

   Cross References: Fee for auctioneer's and auction house licenses, § 19-23(12).

Sec. 7-7. Notification to fire chief required of possession of hazardous substances; duty to update; hazardous substances defined.

   (a)   Every applicant for any type of business license and every person who has already been is sued a business license pursuant to chapter 19 of the Tucson Code shall file an affidavit with the city in such form and manner as is required by the city, stating whether the applicant or licensee intends to or does store, utilize, possess or otherwise have custody of hazardous substances at the business location. Such affidavit shall be forwarded to the fire chief to be utilized for the prevention of accidents and for dealing with incidents involving hazardous materials. Persons already issued business licenses shall have one hundred eighty (180) days from the time of enactment of this provision in which to comply.

   (b)   If the status of any licensee changes materially with regard to the storage, utilization, possession or custody of hazardous substances, the licensee shall, within thirty (30) days of such material change, file a new affidavit as provided for in subsection (a), to reflect that change.

   (c)   For the purposes of this section, "hazardous substances" shall be defined as any substance or material which has been designated by the United States Department of Transportation in its Hazardous Materials Regulations, 49 Code of Federal Regulations, Parts 171, 172 and 173, as capable of posing an unreasonable risk to health, safety or property when transported in commerce, and which falls within one of the department's hazardous classes.

(Ord. No. 5149, § 1, 5-5-80)

   Editors Note: Ord. No. 3740, § 1, adopted Nov. 22, 1971, repealed former § 7-7 derived from the 1953 Code, ch. 5, § 6. Former § 7-7 contained provisions pertaining to citizenship and residence requirements for auctioneers. Subsequently, Ord. No. 5149, § 1, adopted May 5, 1980, adopted a new § 7-7.

Sec. 7-8. Auction house or auction prohibited in connection with or on premises of wholesale or retail businesses; exception.

No auction house license shall be issued and no such business shall be conducted in any way in connection with or on the same premises as any licensed wholesale or retail merchant's business except when authorized and conducted pursuant to the provisions of sections 7-9 and 7-10 of this article, and section 7-86 of this chapter.

(1953 Code, ch. 5, § 2; Ord. No. 1798, § 1, 1-6-58; Ord. No. 3120, § 7, 4-22-68)

Sec. 7-9. Sales of merchant's stock on hand--Duration; to be bona fide.

Where the stock on hand of a merchant is sold at public auction on the premises of the merchant, no such sale shall be held during the month of December. No such sale shall continue for more than one (1) day, not a Sunday or legal holiday, and shall be permitted only where such merchant is bona fide disposing of his stock for the purpose of retiring from business.

(1953 Code, ch. 5, § 7; Ord. No. 3120, § 8, 4-22-68)

Sec. 7-10. Same--Application.

Any merchant intending to dispose of his stock on hand by sale at public auction must make a sworn written application to the mayor and council at least fifteen (15) days before the intended sale is to begin, specifying under oath the name and address of the applicant, the location and purpose of the sale, and its expected duration, a statement itemizing in detail the quality, quantity, kind or grade of each item of goods, wares and other articles to be sold, with the wholesale market value thereof, together with a declaration that the merchandise or property proposed to be sold at public auction is a bona fide part of the merchant's stock in trade, and not secured, purchased or brought into such place of business for or in anticipation of such sale, and the name of the auctioneer who shall conduct the sale.

(1953 Code, ch. 5, § 8)

Sec. 7-11. "Capping", "boosting", false bidding prohibited.

It shall be unlawful for any person to act, or to employ another to act, as a by-bidder, or what is commonly known as a "capper" or "booster" at any auction sale, or to make or accept any false or misleading bid or to pretend to buy any articles sold or offered for sale at any auction.

(1953 Code, ch. 5, § 9)