[HISTORY: Adopted by the City Council of the City of Englewood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 10-10
to 10-14 of the 1978 Revised General Ordinances]
No person shall engage in or carry on the calling, occupation
or business of auctioneer without first obtaining a license therefor
as hereinafter provided.
A.
The application shall be in writing, addressed to the City Clerk,
and shall contain the applicant's name, business and residence
address and the purposes for which the license is desired. If the
applicant is a corporation, the names of the employees to be engaged
or employed by it in said business or occupation shall be included.
B.
The application shall be accompanied by the license fee.
B.
No license shall issue unless the license fee shall have been paid.
C.
Licenses shall expire on December 31 of the year in which issued.
D.
Such licenses shall apply only to the persons and for the purposes
and places specified therein, and shall be recorded by the City Clerk
in a book to be kept by him for that purpose.
E.
In the case of a corporate license, the license fee shall cover and
apply to not more than two employees of the corporation, whose names
shall be designated in the application for the license.
F.
An additional license fee as forth in in Chapter 191, Fee Schedule, shall be charged for each person or employee in excess of two engaged or employed by or on behalf of the corporate licensee, and the names of such additional employees of the corporation shall be designated in the application for the license.[2]
Licenses granted under this article shall at all times be subject
to such rules and regulations as may be adopted by the Council.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense should be deemed committed on each day during or on which
a violation occurs or continues.
[Adopted 8-1-1978 by Ord. No. 2323 (§§ 10-83
to 10-95 of the 1978 Revised General Ordinances)]
The purpose of this article is to properly control auction sales
in order to prevent and discourage undesirable business practices;
to protect the public from fraud; and to permit auction sales within
the City on a limited basis in connection with a retail trade or business.
As used in this article, the following terms shall have the
meanings indicated:
The sale or offering for sale to the highest bidder of any
goods, wares, and merchandise of any description whatsoever.
Any person who sells, or makes a business of selling at auctions.
Except as otherwise provided in this article, auction sales
of goods, wares, and merchandise of any description whatsoever within
the City are prohibited.
An auction sale shall be permitted in connection with and as
part of a regularly established retail trade or business within the
City and shall be permitted to be conducted only at the premises where
the applicant regularly conducts his retail trade or business.
No auction sale shall be conducted upon any premises on more
than two days within any consecutive seven-day period, nor shall any
auction sale be conducted between the hours of 6:00 p.m. and 8:00
a.m.
A.
An auction sale shall be permitted only within a fully enclosed structure.
B.
No loud speaker or other voice-amplification system shall be permitted
on any street or outside any fully enclosed structure nor shall any
such loud speaker or voice-amplification system be audible upon any
sidewalk or public street.
C.
No person shall solicit, distribute pamphlets, or conduct any other
activity which is commonly referred to as "hawking" upon any public
street or sidewalk for the purpose of enticing passersby or pedestrians
to attend an auction sale.
No person shall act at any such auction sale as a false bidder,
or what is commonly known as a "capper," "booster," or "shiller,"
or offer to make any false bids to buy any article being auctioned
or offered for sale.
Any person seeking to conduct an auction sale shall make application
for a permit for that purpose which shall be in writing, under oath,
addressed to the Council, and shall set forth the following information:
A.
Name and permanent home residence of the applicant, the address of
the business of the applicant at which the auction is to be conducted,
and name and residence of the person designated to act as auctioneer;
B.
A general description of the goods, wares, and merchandise to be
offered at auction;
C.
Certification that the applicant and each auctioneer has not been
convicted of a crime and that the applicant has not had an auction
permit previously revoked by the Council;
A.
Upon receipt of an application, the Council may grant the permit
upon verification of the facts contained within the application.
B.
The permit shall expire on December 31 of the year in which issued.
D.
Each permit issued pursuant to this article shall be conspicuously
kept on public display at all times upon the premises where the auction
is conducted.
A.
The Council reserves the right to suspend the operation of the permit
to conduct an auction when in its judgment the terms and provisions
of this article have been violated. Immediately upon suspension of
the permit, appropriate proceedings shall be forthwith instituted
by the Council to afford the permittee an opportunity to be heard
at a hearing.
B.
In the event the Council finds, as a result of said hearing, any
provisions of this article have been violated, the permit shall be
revoked and become void; otherwise, the suspension shall be terminated
and the permit shall thereupon be restored, and the said sale by auction
may proceed as herein provided.
A.
The auctioneer and all other persons participating in the conduct
of the auction sale shall truly and correctly represent at all times
to the public attending the auction the actual facts with respect
to the quality and manufacture of each article put up for sale.
B.
The name of the auctioneer and the name of the permittee shall be
displayed on a suitable sign or placard in full view to the public
attending the auction at all times during the auction.
C.
The permittee, or his agent, shall remain in continuous attendance
at all times while the sale by auction is being conducted.
The requirements of this article shall be held not to apply
to or to include any auction sale which is:
A.
Conducted under direction of any court;
B.
Specifically authorized by statute;
C.
Conducted by any religious, charitable, fraternal, patriotic, civic,
or political organization;
D.
Conducted by an artist of pictures, sculptures, or other works of
art made by him;
E.
For the sale of the personal effects or household furnishings of
any person when such articles have been owned by such person and have
been used by him in the City for a period of not less than six months
prior to any such auction sale thereof;
F.
Conducted by any executor or administrator of an estate in which
any such articles where a part of the personal effects or household
furnishings of any deceased person, owned by him and used by him as
such in the City at the time of his decease.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500,
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
