Chapter 5.08 — AUCTIONS AND AUCTIONEERS

This chapter shall not apply to any public officer or officer of a court, who in pursuance of his duty as such officer shall conduct within the city an auction sale pursuant to any law of the state or of the United States of America, or order of a court, nor to licensed pawnbrokers or loan companies selling or offering for sale unredeemed pledges or chattels in the manner provided by law, nor to the sale of livestock by auction.

(Prior code § 3-1)

No person shall sell or exhibit for sale by way of auction, except under and by virtue of legal process, any personal property without first obtaining the proper license therefor as provided in this chapter.

(Prior code § 3-2)

Each separate location shall have a separate license under this chapter.

(Prior code § 3-3)

An applicant for a license under this chapter for an auction sale shall file an application therefor with the city clerk not later than thirty days prior to the auction sale to be licensed, upon forms prescribed by the city clerk, which shall include:

A.

The name and address of the applicant;

B.

The location and time of the proposed auction sale;

C.

A sworn statement of the inventory on hand and the personal property to be offered at auction;

D.

The quality, quantity, kind of grade of each item;

E.

The wholesale market value thereof;

F.

The name of the owner of such personal property proposed to be sold at such auction sale; and

G.

Such other information as the city clerk shall prescribe.

(Prior code § 3-4)

A.

Every person who for two years immediately preceding application for a license under this chapter who has operated, managed or maintained a place of business in the city where goods, wares, merchandise or other personal property have been regularly sold, shall pay an auctioneer's license fee of twenty dollars per day, payable in advance.

B.

All other auctioneer's license fees shall be of the following two classes:

The first class shall be a daily license only, and the license fee shall be one hundred and fifty dollars per day, payable in advance.

The second class shall be a yearly license, and the license fee shall be one thousand dollars, payable in advance.

(Prior code § 3-5)

No license shall be issued to any person who has been convicted of violating any of the provisions of this code or other ordinances of the city relating to auction sales, for a period of five years after such conviction.

(Prior code § 3-6)

Each applicant for a license to conduct an auction under this chapter shall post with the city clerk, prior to the issuance of such license, a cash, or surety company, or other bond satisfactory to the city clerk, in the sum of five thousand dollars, conditioned upon observance by the applicant of all the provisions of this chapter and upon the truth of all of the representations made in connection with the application for such license and in the course of any auction sale, and as a guarantee that the purchase price of any article purchased will be returned to any purchaser upon the proof that any false or misleading statement or representation has been made concerning any personal property sold or offered for sale at any auction sale, or in such auction place of business.

(Prior code § 3-7)

A license issued pursuant to this chapter shall authorize the holder of it, subject to the provisions of this code and other ordinances of the city and laws of the state, to sell or offer for sale personal property at auction.

(Prior code § 3-8)

Any auctioneer's license granted under this chapter shall not be assignable or transferable.

(Prior code § 3-9)

The person to whom a license under this chapter has been granted shall remain in continuous attendance at all times while such sale by auction is being conducted, and shall be responsible for any violation of the provisions of this chapter relating to the conduct of such auction sale.

(Prior code § 3-10)

No licensee under this chapter shall offer for sale by auction any personal property to which there is not attached a card or ticket or label containing a true and correct statement, plainly written or printed in English, specifying the kind and quality of such personal property. Such tag or label shall remain securely attached thereto and shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such article sold.

(Prior code § 3-11)

A.

When an auction sale under this chapter relates to jewelry, it is unlawful for any person so licensed to offer for sale by auction any article to which there is not attached a card or ticket or label containing a true and correct statement, plainly written or printed in English, specifying the kind and quality of the metal of which such article is made or composed, or the percentage of karat or purity of such metal. If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate.

B.

When precious stones are for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stones.

C.

When semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true names of such stones.

D.

When imitations of precious or semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, such imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent.

E.

When watches and clocks are sold the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism of them shall be substituted or contain false and misleading names of trade marks; neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches should be so indicated.

F.

Such tag or label shall remain securely attached to any such article or merchandise, shall be delivered to the purchaser as a true and correct description and representation of the article sold and shall be deemed prima facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such articles sold.

(Prior code § 3-12)

A.

During an auction sale under this chapter, no addition whatsoever shall be made to the stock of personal property set forth in the inventory attached to the application for the license therefor, and nothing shall be offered for sale or sold at any such sale by auction which is an addition to the stock of merchandise described in such inventory, which has been added to the stock of merchandise described in such inventory or which has been added to the applicant's stock within a period of thirty days prior to the date the applicant filed the application for license.

B.

It is unlawful for any person to offer for sale or sell at any auction sale any personal property in addition to the stock listed and described in the inventory.

(Prior code § 3-13)

Each applicant for a license under this chapter to conduct an auction sale shall permit and provide for an official observer representing the city to be in attendance at all times during such auction sale for observation and investigation for the purpose of seeing that no personal property is sold except that which is included in the inventory filed with the city clerk. The applicant shall pay to such official observer the sum of seven dollars and fifty cents per day, in advance, for each day such auction is held.

(Prior code § 3-14)

A.

It shall be unlawful for any licensee under this chapter or his agents or employees to make any statements, either written or verbal, which are false in any particular, or which have a tendency to mislead or to make

any misrepresentations whatsoever with reference to any article sold or offered for sale during the auction licensed thereby.

B.

Every auctioneer and every person selling personal property at auction shall be deemed to warrant that all representations made in the course of such sale are true and correct, and that the purchase price of any articles purchased will be returned to any purchaser upon proof that any false or misleading statement or representation has been made concerning such personal property, or concerning such auction sale by the auctioneer, or by any person conducting, managing, or carrying on such auction sale.

(Prior code § 3-15)

A.

No auctioneer or any person conducting, managing or carrying on an auction sale shall use any person as a false bidder for the purpose of increasing the price of any article offered for sale at such auction.

B.

No person shall make a false bid or any other bid than a bona fide bid at any auction sale, or act as a by- bidder or what is commonly known as "capper," "booster" or "shiller" at any auction or place where personal property is sold, held or offered for sale at auction; or shall offer or make false bids on any personal property held or offered for sale at such auction, or pretend to buy any personal property at any auction sale in order to, in any manner, stimulate such sales by any deceit or misrepresentation in the making of bids or offers for the purchase of any personal property held or offered for sale at such auction.

(Prior code § 3-16)

It is unlawful for any auctioneer or other person to ring a bell or cause or permit a bell to be rung in or about the front of the premises where there is conducted an auction sale, before, after or during such sale.

No person shall solicit or permit the soliciting by music, singing or loud noises to be made or done for the purpose of attracting the public to or of an auction sale.

(Prior code § 3-17)