Auctions and Auctioneers

Sec. 22-18. Definitions.

For the purposes of this article the following words and phrases shall have the meanings respectively ascribed to them by this section:

Auctioneer.  Any person conducting a sale by public auction of personal property or real property of his own or as agent for another. 

Property.  All goods, wares, merchandise, commodities, compounds, things, chattels, jewelry and all other property of whatsoever form or nature, but not including choses in action or real property. 

Public auction.  Any public offer to sell personal property or real property to the highest bidder or to the person offering to pay the highest price therefor. Such public auction shall be without qualifications or reservations, unless at the time of the offer of each article or parcel and before any bids are asked thereon a minimum price therefor is publicly stated. 

Real property.  Land, together with the improvements thereon and attached thereto. 

Sec. 22-19. Sales exempt for city regulation.

The city is authorized to regulate sales of auctioneers; but the exercise of such power shall not interfere with sales made by sheriffs, constables, marshals, executors, guardians, assignees of insolvent debtors or bankrupts, any other person required by law to sell real or personal property, and sales which benefit nonprofit organizations and similar organizations if the auctioneer's fees or commissions are waived.

Sec. 22-20. Auctioneer's license required.

No sale at public auction of any personal or real property shall be held within the city unless such sale is directly conducted by an auctioneer licensed pursuant to the provisions of this article.

Sec. 22-21. Application for license.

Every applicant for a license pursuant to this article shall present to the city clerk a written application, signed and duly verified by him, stating his full name; age; residence by street, number and place; present occupation; place where he intends to conduct the business of auctioneer in the city; his qualifications, including education; business engaged in during the past five years, giving location, kind and extent; where and when he was previously licensed as auctioneer; whether any previous license as auctioneer was cancelled for cause; and such further facts as may be required by the city council to show the good character, competency and integrity of the applicant.

(Download copy of application form.)

Sec. 22-22. License fee.

The fee for each license issued pursuant to this article shall be $25.00 and shall be paid by the applicant to the city clerk for the issuance of the license.

Sec. 22-23. Issuance of license.

If the city clerk is satisfied of the good character, competency and integrity of the applicant and upon the proof of the payment of the required license fee, the city clerk shall issue to the applicant an auctioneer's license, authorizing him to conduct auction sales in the city, as provided by state law and by this article.

Sec. 22-24. Expiration date of license.

Each license issued pursuant to this article shall expire on December 31 next succeeding its issuance.

Sec. 22-25. Bond required.

The applicant for a license under this article shall present to the city clerk, with his application for such license, a bond to the city, executed by a duly authorized surety company, in the penal sum of $1,000.00 conditioned for the faithful observance of the laws of the state, this Code and other ordinances of the city, for the performance of all duties, the rendition of all accounts and the payment of all money required of him by law to be paid and also conditioned for the payment to any person who shall be defrauded or suffer loss by reason of the violation of such auctioneer of any of the provisions of this article.

Sec. 22-26. Revocation of licenses and authorizations to conduct sales.

The city council may revoke any license or authorization to conduct a sale, issued pursuant to the provisions of this article, if it shall have cause to believe that the holder of such license or authorization to conduct a sale is violating any statute of the state relative to auctions and auctioneers or any provisions of this article. A conviction by a court of competent jurisdiction of such offense or recovery upon a bond pursuant to the provisions of this article shall be conclusive evidence of such violation. The city council may, upon the complaint of any person, cause notice to be served upon the holder of such license or holder of an authorization to conduct a sale, which notice shall fix a time and place, not less than three days after the service of such notice, at which the city council shall hear the evidence of the person making such complaint and such other evidence as may be presented to him or be in his possession. The holder of such license or the holder of such authorization to conduct a sale shall have an opportunity to be heard in his own defense. If the city council shall believe that sufficient grounds therefor exist, it shall revoke such license or such authorization to conduct a sale.

Sec. 22-27. Inventory required.

Every auction sale conducted hereunder shall be attended by a clerk, who shall list the date of the sale, the owner of the property to be sold, make an itemized inventory of the property offered for sale, the name of the purchaser and the price paid.

Sec. 22-28. Prohibited acts.

No auctioneer shall:

(1)   Make any false representations as to the character, quality, condition, value or ownership of any property offered for sale or falsely represent that such property is in whole or in part     bankrupt or insolvent stock, damaged goods or goods saved from fire.

(2)   Substitute any other article for the article sold to a bidder.

(3)   Bid in or withdraw from sale any article after receiving a second bid therefor or receive any bid from a person not a bona fide bidder at such sale, or any person acting as a "capper,"    "booster" or "shiller."

(4)   Employ or permit to be employed any bellman, crier, instrument of music or means of  attracting the attention of passersby, other than a sign or flag.

(5)   Conduct a sale where entertainment is provided on the premises where the sale is conducted  for the prospective bidders.

(6)   Conduct a sale on premises where any other sales are being conducted except the auction sale.

(7)   Offer for sale or sell any article of property not included in the inventory required by this  article.

(8)   Open or conduct any public auction sale until all the provisions of this article have been  complied with.