[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 6, Ch. 7, of the 1981 Code). Amendments noted where applicable.]
When required. No person, firm or corporation on behalf of another shall sell or offer for sale at public auction within the City any goods, wares or merchandise or other property without first having obtained from the City Clerk a permit in writing to do so. Such permit shall be granted only upon the conditions set forth in this chapter and shall be revoked for any violation of this chapter. The permit is valid for one year.
No permit shall be required for the sale at public auction of goods, wares or merchandise by virtue of any rule, order or judgment of any court or of any law respecting the collection of any tax or duty, either of this state or the United States, or for any sale by auction of property belonging to this state or the United States, or for any sale by any trustee of bankruptcy, or any sale made by any executor, administrator or guardian duly authorized by the court to conduct such sale, personally or when made by any officer of any court in person, or by any officer of this City, county, state or the United States in person.
No permit shall be required for any auction held by any church or fraternal or charitable organization whose principal location is within the City of Two Rivers.
Application. Application for a permit shall be by verified petition filed with the City Clerk, stating the name of the applicant, his residence and the street and number of the proposed place of sale. It shall set forth in detail a description of the goods to be sold and what statements or representations are to be made or advertised as to the same, the length of time for which the permit is desired, and, if the applicant has been previously engaged in a like or similar business, the places where the same were conducted, and shall furnish the City Clerk with such further evidence as shall be deemed necessary to establish the truth of the statements made in the petition. In no event shall the petition be supplemented or additional merchandise added to the stock set forth in the petition during the period for which the permit is granted. Such list of merchandise shall be submitted within two weeks of each auction. Said application shall further set forth all taxes previously levied or assessed against said stock of goods set forth in said inventory, whether against the applicant or any former owner thereof, and no permit shall be granted for the sale thereof until all taxes owing as a result of assessment or levy shall have been paid. The applicant shall also report whether he was convicted of a crime, statutory violation or ordinance violation within the last three years.
Fees. The fee for a permit shall be as provided for in Chapter 1-2, Fees, of this Code.
Each applicant for an auction permit shall execute and file with the City Clerk a good and sufficient bond issued by a surety company licensed to do business in the State of Wisconsin in the sum of $5,000, which bond shall be approved by the City Attorney as to form and execution. Such bond shall run to the City and to such persons as may be damaged or injured by reason of fraud or deception or misrepresentation with reference to any sales by auction, shall be conditioned upon the faithful observance of all provisions of this chapter, and shall also indemnify any purchaser at any auction sale who suffers loss by reason of misrepresentation or deception or fraud in such auction sales. Said bond shall be kept in full force and effect during the entire period for which the permit is granted and shall, in addition thereto, be kept in full force and effect for a period of three months after the time for which the permit is granted has expired. Said bond shall not be canceled or altered, except upon 20 days' written notice to the City Clerk.
Denial or revocation. An auctioneer's license may be revoked by the Chief of Police or renewal of such license may be refused by the City Clerk when it is determined that:
The application of the applicant or license holder contains any false, fraudulent, or misleading material statement; or
The applicant or license holder has made any false, fraudulent, or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property (goods, wares, or merchandise) in the City of Two Rivers; or
The applicant or license holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the City of Two Rivers; or
The applicant or license holder has violated any of the statutes of the State of Wisconsin relating to auctions or auctioneers during the license period; or
The applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares, or merchandise) in the City of Two Rivers in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public.
Appeals. Any person who receives a determination or order from the City of Two Rivers regarding an auction permit and objects to all or any part thereof may appeal to the City Manager within seven days of receipt of the order, and the City Manager shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Manager may reverse, affirm, or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The City Manager shall by letter notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded and file its written decision with the City Clerk.
No person shall act as bidder or what is commonly known as a "capper," "booster" or "shiller" at any auction, or place or offer or make any false bid to buy or pretend to buy any article sold or offered for sale at any public auction.
No person selling or offering for sale at public auction any goods, wares, merchandise or real estate shall make any fraudulent representations regarding the character, quality, kind or description of the same.
No goods, wares, or merchandise or thing whatsoever shall be placed, sold or exposed for sale at a public auction or vendue in any street, sidewalk, alley or public grounds in the City.
No auctioneer, his agent or servant, or any person engaged or employed in selling goods or other things at auction shall expose for sale at public auction or vendue any goods, wares, or merchandise or other things whatsoever to any person or persons who, at the time of bidding for the same or whilst examining the same, shall be on the sidewalk of any street in the City.
No solicitor, bellman or crier, or any drum, horn, or other instrument of music, or any show or signal, noise or other means of attracting the attention of the public, other than a stationary or fixed sign or flag, shall be employed, suffered or permitted to be used at or near any place of sale or auction fronting or abutting on any public thoroughfare in the City of Two Rivers.