[HISTORY: Adopted by the City Council of the City of Haverhill as Sec. 23-6 of the 1963 City Code (Ch. 108 of the 1980 Code); amended in its entirety 8-9-2005 by Doc. 80. Subsequent amendments noted where applicable.]
No person shall conduct an auction without a special or annual permit issued by the City Council. Application for such a permit shall be filed with the City Clerk and shall contain the name of the applicant; the name, address and state license number of the auctioneer; the hours between which the auction is to be conducted; the location of the auction; and a general description of the goods to be auctioned.
An applicant for a special permit to conduct an auction shall include the estimated value of the goods and the date or dates, not to exceed 10, on which the auction shall be held on the application. The City Council, in considering such an application, shall either approve the permit subject to reasonable terms and conditions relating to public safety as it may establish, or deny the application on stated grounds, which must be reasonable grounds relating to public safety. If the City Council is unable to take up a pending application for a special permit within six business days of the filing of an application for a special permit, then the City Council President shall be empowered to designate the terms of and issue said special permit. Upon approval, the applicant shall pay a fee of $50 per date prior to issuance of the special permit.
Each annual permit issued shall be valid for a term of one year commencing on the date of the approval of the application. No person shall be eligible for an annual permit unless he or she maintains a regular place of business for the conduct of auctioneering within the City. An annual permit shall be issued or denied on the same terms applicable to a special permit. If the City Council is unable to take up a pending application for an annual permit within 14 business days of the filing of an application for an annual permit, then the City Council President shall be empowered to designate the terms of and issue said annual permit. Upon approval, the applicant shall pay a fee of $1,000 prior to issuance of the annual permit.
The provisions of this chapter shall not apply to any auction held or conducted by an order or judgment of any court of the commonwealth or of the United States or by any officer of a municipality, county or state of the United States; sales held by sheriffs, deputy sheriffs, constables, collectors of taxes, executors, administrators, lien holders, assignees for the benefit of creditors; sales by any other person specifically authorized by law to sell real, personal or mixed property; casual and isolated sales by an owner of his own goods; and any auction held or conducted by any resident member of a charitable, educational, religious or other nonprofit organization within the commonwealth.
No auctioneer or other person shall hold a sale upon or beside any sidewalk or thoroughfare in the City so as to prevent or obstruct the safe, free and convenient use thereof for travelers thereon.