[1969 Code; 2016 Code]
In this chapter:
Shall include all sales by auction, whether the property
is put up to the highest bidder in fact or whether it is sold by what
is usually called "Dutch Auction," or by bidding down the sale thereof
or by adding to the quantity of goods first offered for sale at a
fixed price, or any other way if made to evade the provisions of this
chapter.
[1969 Code; 2016 Code]
No auction sale shall be held in the city without a license
issued under this chapter.
[9-17-1974; 6-3-1986; 2016 Code]
Any person desiring to hold an auction sale shall obtain a license
application form from the city clerk. He or she shall fill out the
form stating the nature of the sale, the place where the same will
be held, the number of days upon which said sale will be held, the
general description of the things intended to be sold, the name and
permanent address of the applicant and the name and address of the
person he or she represents.
[1969 Code; 2016 Code]
The fee for a license under this chapter shall be set by resolution
of the council.
[1969 Code; 2016 Code]
(A)
Approval. Upon filing of application properly filled out and presentation
of the receipt from the city treasurer showing the proper license
fee has been paid, the license may be granted to the applicant by
the council. Such license shall be for the number of days indicated
in the license application. A license shall not be transferable and
shall be posted in a prominent place where the auction is to be held.
(B)
Refusal to issue.
(1)
The council may refuse to grant such license in the event it
is shown that the applicant's business and moral character would
be contrary to the best interests of the public good.
(2)
No license shall be issued to any person who is delinquent in
payment of any taxes, assessments, claims or forfeitures to the city.
(3)
Due process protection. Any person who is denied the issuance
of an initial or renewal license under this chapter shall be notified
of the right to request a hearing before the council, at which the
person may show cause, if there be any, why the issuance of the license
should not be denied.
[12-17-1991; 2016 Code]
There are hereby excepted from the terms of this chapter all
sales made by auction of household furniture which the person selling
the same has used as such. Also any sale of livestock by a recognized
association, by the owner thereof or by any agent of the owner, or
where a sale is made by virtue of a chattel mortgage or of a rule,
order or judgment of court, or of some law of the state or the United
States respecting the collection of some tax or duty; or in consequence
of a general assignment of property or effects for the benefit of
creditors; or when of property belonging to the state or of the United
States; or when made by or on behalf of any executor or administrator
or guardian authorized by the court to conduct such sale personally,
or when made by an officer of any court in person, or by an officer
of the city, or the United States in person; provided, that no auction
sale conducted by virtue of an order or judgment of any state court
shall be held without license; or to any sale by any trustee in bankruptcy;
or when made of his or her farm property by or on behalf of a resident
farmer who has paid the taxes lawfully levied on his or her property;
or when made to close up his or her business, or when made to reduce
his or her stock, but not to exceed two such sales per year, by or
on behalf of any merchant who shall reside and trade in any town,
city or village and who shall have paid the taxes lawfully levied
on his or her stock in trade; provided, that in the last case such
sale shall be made in the town, city or village in which such taxes
are paid. Whenever the auctioneer or the owner of the property sold
or any person employed by them or either of them shall buy anything
at any such sale, the same duty shall be paid as if any other person
were purchaser thereof, and sales on credit shall be liable to duty
as if made for cash.
[2016 Code]
A person who violates any provision of this chapter shall upon
conviction be subject to a Class 3 forfeiture. A separate offense
exists each calendar day during which a violation occurs or continues.
