GENERAL PROVISIONS
Licenses and miscellaneous business regulations — See Ch. 13.
[Code 1962, § 3-7]
(a)
No auctioneer of personal property, or other person directly interested
in the sale thereof, shall misrepresent the quality, kind or value
of any article at any such auction sale.
(b)
No auctioneer of personal property, after offering for sale and selling
at public auction any article in the manner prescribed by law, shall
thereafter substitute any article in lieu of that offered to and purchased
by the bidder.
(c)
No person shall sell or offer for sale by auction, or otherwise advertise,
offer for sale or sell any goods, wares or merchandise falsely representing
or pretending that such goods, wares or merchandise are, in whole
or in part, goods sold for, belonging to or purchased from a bankrupt
or insolvent estate, person, company or corporation or damaged goods
or goods saved from fire or make any false statement as to the purchase,
history or character of such goods, wares or merchandise.
[Code 1962, § 3-8]
The provisions of this chapter shall not be applicable to auction
sales conducted by trustees or referees in bankruptcy, executors,
administrators, receivers or other public officers acting under judicial
process, except that the person conducting such sale shall inform
the Superintendent of Police of the date and place of such sale at
least 24 hours in advance thereof and shall receive a permit therefor
without cost.
The provisions of this chapter shall not be applicable to auction
sales sponsored and conducted exclusively by a charitable, civic,
educational, fraternal, veterans', religious, grange or volunteer
Fire Department organization, except that such organization shall
inform the Superintendent of Police of the date and place of such
auction at least 24 hours in advance thereof and shall receive a permit
therefor without cost.
[Code 1962, § 3-3]
No person shall act as an auctioneer at a public sale or auction
of personal property within the City who shall not have been duly
licensed as an auctioneer by the Superintendent of Police. The fee
for such a license shall be $25 and shall expire on the 30th day of
June next following its issuance.
[Code 1962, § 3-1]
No person shall expose or offer for sale by competitive bidding
or at public auction any goods or articles of personal property within
the limits of any weekday, without first having applied to and obtained
from the Superintendent of Police a permit therefor.
[Code 1962, § 3-2]
The fee for a permit required by Section 5-15 shall be $25 a day for the first day and $10 a day for each day thereafter as long as it is in force. Each such permit shall expire 30 days after issuance unless sooner cancelled by the permittee or revoked as provided in this chapter.
[Code 1962, § 3-4]
Every applicant for a license as required in Section 5-14, or for a permit required by Section 5-15 shall make application therefor in writing to the Superintendent of Police or such person as he may designate, stating thereon the name, age and street address of the applicant, the owner of the goods to be offered for sale and the state, town or city in which such owner resides and the location of the place within the City where and the hours and the days when such auction will be conducted.
[Code 1962, § 3-5]
Every applicant for any license or permit required by this article
shall furnish to the Superintendent of Police satisfactory evidence
that he is a suitable person to hold such license or permit and upon
such application being approved by the Superintendent of Police shall
pay to the Superintendent of Police the fees due thereunder before
such license or permit shall be issued. The Superintendent of Police
shall issue a license or permit to any applicant whom he finds to
be a suitable person to hold the same and shall have power to revoke
such license or permit at any time after issuance for cause.
[Code 1962, § 3-6]
Any individual aggrieved by the action of the Superintendent
of Police in refusing to issue any license or permit required by this
article or in revoking any such license or permit already issued,
shall have the right to appeal to the Board of Police Commissioners.
Such appeals shall be taken by filing with the Chairman of the Board
of Police Commissioners or the City Clerk, within 14 days after notice
of the action complained of, a written statement setting forth fully
the grounds of appeal. The Chairman of the Board of Police Commissioners
shall set a time and place for a hearing on such appeal and notice
thereof shall be given to the appellant by registered mail. The appellant
shall have the right to be represented at such hearing by counsel.
The decision and order of the Board of Police Commissioners on such
appeal shall be final and conclusive.
