As used in this chapter, the following terms shall have the meanings
indicated:
AUCTIONEER
Includes all persons who engage in the sale of goods, wares and merchandise,
at sale or auction, to the highest bidder or to others at prices fixed by
bid.
[Amended 4-17-1996 by Ord. No. 1367-96]
Every auctioneer shall obtain a license by filing an application with
the City Clerk. The fee for conducting each auction shall be $100 per day.
An application for an auctioneer's license shall have the following
information:
A. Applicant's full name and present address.
B. Addresses and places of business for the last past two
years.
C. Qualifications and previous experiences in conducting
auction sales.
D. The purpose for which he desires such license.
E. The length of time for which he desires such license.
[Amended 4-17-1996 by Ord. No. 1367-96]
No person shall conduct or maintain an auction room, house or place
without first obtaining a license. The license fee shall be $50 and shall
be deposited with the City Clerk at the time the application is made.
An application for license shall contain the following information, in addition to that required by §
177-4:
A. Place of residence for the preceding three years.
B. At least three business references.
C. Length of time for which license is desired.
D. Description and inventory of the articles to be offered
for sale.
E. Statement in detail as to persons and places from which
the articles to be offered for sale were purchased or received and, if purchased
or received within one year prior to application, the invoices covering the
same.
Before a license may be issued for an auction room, the applicant shall
execute and deliver to the City Clerk a bond, drawn in the name of the city
and with sufficient security as approved by the City Clerk, in the amount
of $1,000. The bond shall be conditioned to indemnify and pay to the city
any penalty or cost incurred in the enforcement of this section in connection
with the license to be issued. The bond shall further be conditioned to indemnify
and reimburse the purchaser of any article at a sale made by the licensee
in the sum equal to the amount of the payment the purchaser may have been
induced to make through the misrepresentation as to the kind, quality or value
of the article purchased, whether the misrepresentation was made by the licensee
or the owner or their agents or employees, either at the time of making the
sale or through advertisement of any nature printed or circulated with reference
to the articles to be sold or to any part thereof. Any claim by a purchaser
must be made to the City Clerk within one year from the issuance of the license.
Before a license as required in §
87-5 above shall be issued, the applicant for such license shall file with the City Clerk an instrument in writing nominating and appointing the City Clerk of the city his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of such applicant in respect to any matters connected with or arising out of the license and the bond given as required by §
87-7 above or for any breach thereof. Such instrument in writing shall contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon such agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this chapter according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
Every licensee shall be responsible for a full and complete compliance
by each and every auctioneer selling goods in the premises licensed herein.
It shall be unlawful for any licensee to permit any person to operate as an
auctioneer in his place of business if such person has failed to comply with
such sections.
No person conducting an auction house, auction room or auction place
by virtue of a license issued under the provisions of this chapter nor any
person acting for him shall make any bid, offer or tender of price for any
article of goods, wares or merchandise put up for sale at any auction conducted
in such auction room, auction house or auction place.