The text
3-4-1: - DEFINITIONS:#
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
AUCTION HOUSE: A place where personal property is sold at auction by an auctioneer.
AUCTIONEER: A person who conducts a public competitive sale of property by outcry to the highest bona fide bidder.
(1985 Code § 11-2-1; amd. 2001 Code)
3-4-2: - LICENSE REQUIRED:#
A.
Auction House: It shall be unlawful for any person, firm or corporation to engage in the business of, or to keep, conduct or operate an auction house within the corporate limits of the city without first obtaining a license to do so.
B.
Auctioneer: It shall be unlawful for any person to engage in the business of an auctioneer, or to conduct an auction, within the corporate limits of the city without first procuring a license to do so.
(1985 Code § 11-2-2)
3-4-3: - BOND REQUIRED:#
A.
Auction House: Any applicant for a license to conduct an auction house shall execute a corporate surety bond in the sum of one thousand dollars ($1,000.00) in favor of the city and of any person injured or damaged by false or fraudulent representations dealing with such auction house, conditioned for the faithful observances of all laws and ordinances of the city, the honest conduct of the business engaged in, and for the payment of damages to all persons injured or damaged by fraud or false or fraudulent representations in dealing with said auction house; said bond to be approved by the city council and filed in the office of the city recorder. Such applicant shall also pay into the city treasury the license fees hereinafter provided for.
B.
Auctioneer; Exception: Any applicant for an auctioneer's license shall file a like bond in like amount as is herein required for an auction house, and shall pay the license fees herein required; provided, however, that the city council may, in its sole discretion, issue a license to an auctioneer without the requirement of a bond in cases where said auctioneer operates solely and exclusively from a licensed auction house, within the limits of the city.
(1985 Code § 11-2-3)
3-4-4: - FEE FOR LICENSE:#
The license fee for an auction house shall be as established in title 1, chapter 12 of this code.
(1985 Code § 11-2-4; amd. 2001 Code)
3-4-5: - RULES, REGULATIONS AND REQUIREMENTS:#
A.
Term of License: A license issued under this chapter shall expire December 31 of each year.
B.
Transferability: No license issued under this chapter shall be transferable.
C.
Manner of Conducting Sale: It shall be unlawful for any auctioneer to conduct a sale in such a manner as to cause people to gather in crowds on the streets or sidewalks so as to obstruct the same; or to use immoral or indecent language in crying their sales; or to make or cause to be made, any noisy announcements such as the ringing of bells, blowing of whistles or otherwise, through the streets in advertising their sales, and no bellman or crier, or drum, or fife, or other musical instrument or noise-making means of attracting attention of passersby, except the customary auctioneer's flags, shall be employed or suffered to be used at or near any auction room, or near any auction whatsoever.
D.
Waiver of Bond, Fee: The mayor may, in his discretion, issue a license to conduct an auction by a church, charitable or benevolent institution without the necessity of bond or the payment of a license fee.
(1985 Code §§ 11-2-4, 11-2-6—11-2-8; amd. 2001 Code)
3-4-6: - REVOCATION OF LICENSE:#
A.
Authority: The city council shall, upon receiving a certified copy of the record of conviction of any auctioneer, or operator of any auction house, of violation of any law, or an ordinance relating to the operation or conduct of the business of such auctioneer or auction house, revoke the license of such auction house or auctioneer.
B.
Operation After Revocation Prohibited: It shall be unlawful for any auction house or auctioneer to operate after revocation of the license of such auction house or auctioneer as herein provided.
Cross reference— See also section 3-1-12 of this title for procedure.
(1985 Code § 11-2-5)
3-4-7: - PENALTY:#
Any person or corporation who violates any of the provisions of this chapter shall be guilty of a Class B misdemeanor, and upon conviction, such person shall be punished as provided in section 1-4-1 of this code.
(1985 Code § 11-2-9)