(a) 
It shall be unlawful for any person to sell or offer for sale in the city at public auction any goods, wares or merchandise, whether such sale shall be made by the applicant or through agents, employees, or others, and whether the same shall be the applicant’s own property or property of others, without first having complied with the provisions of this article.
(b) 
This article shall not apply to judicial sales, sales by executors, administrators or trustees, or sales under terms of any instrument granting the power of sale, given to secure a bona fide indebtedness, nor to sales of unclaimed freight or express, nor the sale by sheriffs, constables or other officers of the state or of the United States of America which are provided for by law, or which may hereafter be authorized by law, nor to the sale of any livestock, agricultural products, or farming tools, implements or equipment.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-1; 1995 Code, sec. 111.01)
It shall be unlawful for any auctioneer, his agent or employee, after offering for sale and selling any article during such auction sale, to thereafter substitute any article in lieu of that offered for sale and purchased by a bidder.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-2; 1995 Code, sec. 111.02)
It shall be unlawful for any person to act as a by-bidder, or what is commonly known as a “capper” or a “booster,” at any such auction sale, or to offer to make or make any false bid, to buy, or to pretend to buy any such article sold or offered for sale at any such auction.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-3; 1995 Code, sec. 111.03)
It shall be unlawful to offer for sale or to sell at auction any article of goods, wares or merchandise not shown in the inventory filed in the office of the tax assessor and collector of the city as required by this article.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-4; 1995 Code, sec. 111.04)
It shall be unlawful for any person to sell or offer for sale in the city at public auction any goods, wares or merchandise, whether such sale shall be made by the applicant or through agents, employees, or others, and whether the same shall be the applicant’s own property or property of others, without first having obtained a license from the tax assessor and collector of the city.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-15; 1995 Code, sec. 111.15)
Any person desiring a license required by this article shall first make application to the tax assessor and collector and shall state in such application the residence, for the preceding 12 months, of such person, the length of time in days that such person desires to hold such auction sale, the address of the premises from which such sale is to be conducted, and whether and where the applicant has ever engaged in a like or similar activity. The application shall be in writing and sworn to by the person applying therefor.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-16; 1995 Code, sec. 111.16)
(a) 
Contents.
The applicant shall attach to the application for license a sworn inventory of the goods, wares and merchandise to be offered for sale, which inventory shall set out the quality, quantity, kind and grade of each item, and shall also designate if “new,” “salvage” or “used.”
(b) 
Definitions.
For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
New.
All goods, wares and merchandise which have been purchased from manufacturers, jobbers or wholesalers, or which have been bought on consignment therefrom by any applicant, and which have never been exposed for sale to the public at retail.
Salvage.
All goods, wares and merchandise, however secured, which have previously been exposed for sale to the public at retail by any person.
Used.
All goods, wares and merchandise that have at any time theretofore been sold at retail by any person.
(c) 
Affidavit.
The inventory shall be accompanied by an affidavit to the effect that the same is in all respects true and correct, such affidavit to be executed by the person making application for such license, or his duly authorized agent or employee.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-17; 1995 Code, sec. 111.17)
No goods, wares or merchandise shall be sold at any auction sale except that which has been listed in the inventory required by this article, and the tax assessor and collector of the city, or any other duly designated employee of the city shall have the right and privilege at any time to inspect the goods, wares and merchandise being offered for sale at the auction.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-18; 1995 Code, sec. 111.18)
Before a license shall be issued under the provisions of this article, the applicant shall tender to the tax assessor and collector of the city a bond, signed by the applicant as principal and by some good and solvent surety company authorized to issue surety bonds within the state as surety. The bond shall be in the penal sum of $1,000.00. Such bond shall be approved by the mayor or the city manager and shall be conditioned that the principal thereon shall pay all loss or damage which may be lawfully claimed against him on account of any material misrepresentation or suppression of facts concerning the merchandise offered for sale, or caused by any violation of any of the provisions of this article. Further, such bond shall be amenable to the claim or suit of any person who may sustain any loss or damage on account of such misrepresentation or suppression of facts or by any violations of the provisions of this article. Any person sustaining any loss or damage, as described above, may bring suit in any court of competent jurisdiction to recover the same, and the provisions of such bond shall be construed liberally in favor of any damaged person. All remedies under or upon such bond shall be in addition to and cumulative of all other remedies which may be available for recovery of his loss or damage, and successive recoveries may be had upon such bond without exhausting it or in any manner discharging the principal or surety thereon. Provided, however, that when the penal amount of such bond shall have been reduced by such recoveries to $500.00 or less, then and in that event, such auction sale shall be suspended until a new bond or an additional bond shall have been filed so as to make the penal amount of such bond or bonds equal to or in excess of $1,000.00.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-19; 1995 Code, sec. 111.19)
Before any license shall be issued under this article, the applicant shall pay to the tax assessor and collector of the city a license fee at the rate established in the fee schedule for each day for which sales are authorized by the license to be granted hereunder.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-20; 1995 Code, sec. 111.20; Ordinance adopting Code)
(a) 
After conviction for violation of any provision of this article, the license theretofore granted under this article shall be automatically revoked and suspended and shall not be renewed or extended except upon the unanimous vote of the mayor and the city council.
(b) 
No license shall ever be issued to any person whose license has been revoked by conviction of a violation of this article unless and until such application has been so approved by the city council.
(Ordinance 152 adopted 11/20/1951; 1972 Code, sec. 6-21; 1995 Code, sec. 111.21)