As used in this article, the following terms shall have the meaning indicated:
New.
Includes all goods, wares and merchandise which shall have been purchased from manufacturers, jobbers or wholesalers by the person selling the same at auction, without having theretofore been exposed for sale to the public at retail.
Salvage.
Includes all goods, wares and merchandise, however secured, when the same has theretofore been exposed for sale to the public at retail by any person, provided that the property otherwise new shall not be classified as salvage by reason of having theretofore been offered for sale at retail by the person offering the same at auction.
Used.
Includes all goods, wares and merchandise that has theretofore at any time been sold at retail, regardless of by whom.
(1987 Code, sec. 14-131)
(a) 
Application for a license required by this article shall have attached to it a sworn inventory of the stock of merchandise or goods to be offered for sale, setting out the quality, quantity, kind, or grade of each item, and said inventory shall also designate the character of the merchandise offered for sale as “new,” “salvage” or “used,” according to the definitions of such terms in section 4.06.001 of this code.
(b) 
To such inventory there shall be attached an affidavit that such inventory is in all respects true and correct, and in the case of an individual such affidavit shall be made by him as such, in the case of a firm or association it shall be made by one (1) of the partners or members, and in the case of a corporation it shall be made by its president, general manager, secretary or treasurer. Such inventory and affidavit, when so made, shall be kept on file in the city as a part of the public records. Such inventory and affidavit thereto is specifically made a part of the application for license. Whenever any extension of time covered by any license granted hereunder is sought and no new or additional merchandise is to be sold during such extension other than that covered by the inventory theretofore filed, such license shall be issued upon payment of the license fee, if any, provided herein for such period of time; provided that, should such licensee desire to sell any new or additional goods, wares or merchandise not included in the original inventory, such application shall be accompanied by an inventory covering such additional merchandise in the same manner and form as is herein provided for in the original application.
(1987 Code, sec. 14-137)
No auctioneer, after offering for sale and selling any articles in the manner prescribed by law, or under the provisions of this article, shall thereafter substitute any article in lieu of that offered for sale and purchased by the bidder.
(1987 Code, sec. 14-138)
It shall be unlawful for any person acting as auctioneer to make any statements which are false in any particular or which have a tendency to mislead any person present, or to make any misrepresentation whatever, or at all, as to the quality or quantity or character or present condition, or value or cost, or general selling price, or whether new, salvage, or used, or partly so, of any property offered for disposal by auction sale.
(1987 Code, sec. 14-139)
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, or place where such auction is taking place, or to offer to make or to make any false bid to buy, or to pretend to buy, any such article sold or offered for sale at any such auction.
(1987 Code, sec. 14-140)
It shall be unlawful for any auctioneer to offer for sale or to sell any article not shown in the inventory filed with the city, and it shall be unlawful to expose for sale, or to offer to sell or otherwise dispose of, at any place where an auction sale is being held, or authorized to be held, any such article not shown in the inventory.
(1987 Code, sec. 14-141)
It shall be unlawful for any person to sell, dispose of, or offer for sale in the city, at public auction, within the corporate limits of the city, any goods, wares and merchandise, whether the same shall be their own property or whether the sale of same shall be by and through agents or employees or others, without first complying with the provisions of this article and obtaining a license from the city; provided that this article shall not apply to county fair livestock sales, to judicial sales, to sales by executors or administrators, trustees, or assignees under the terms of any instrument given to secure a bona fide indebtedness granting the power of sale, nor to sales of unclaimed freight or express as provided by law, nor to sales by sheriffs, constables, and other officers of the state or the United States of America as provided by law, nor to any other kind of auction sale expressly authorized by the statutes of the state or of the United States, or as may hereafter be authorized, nor to the sale of any livestock, agricultural products or farming tools, implements or equipment.
(1987 Code, sec. 14-132)
Any person desiring to hold an auction sale for the sale of the goods hereinbefore described shall make application to the city, which application shall be in writing and sworn to, stating the name of the applicant, his residence, and his residence or residences for the twelve (12) months immediately preceding the filing of his application, the street and number of the proposed place of sale, the length of time for which the license is desired, and whether or not the applicant has previously within the city, or elsewhere, engaged in a like or similar business either with or without sales at auction, and shall designate the place or places and length of time such sale or sales were conducted.
(1987 Code, sec. 14-133)
Any person desiring a license required by this article shall, in addition to complying with the provisions of this article before the license shall be issued, furnish a bond to the city, duly executed by such applicant as principal, and a good and solvent surety company authorized to do business in this state and having an agent in this county as surety, in the principal sum of five thousand dollars ($5,000.00), which bond shall be payable to the city, to be approved by the city council, and conditioned that such principal shall pay loss and damage which may lawfully be claimed against him on account of any material misrepresentation of fact or any material suppression of fact concerning the goods to be auctioned at any such sale or which may grow out of violation of any of the provisions of this article. Such bond shall inure to the benefit of any and all persons who sustain any loss or damage and who may bring suit in any court of competent jurisdiction in this county to recover the same, and also any reasonable attorney’s fees incurred by any claimant, and the provisions of such bond shall be construed liberally in favor of any such persons sustaining such loss or damage. All remedies upon or under such bond herein provided shall be in addition to and cumulative of all other remedies the parties may have at law or in equity for recovery of any such losses or damages. Cumulative recoveries may be had on such bond to the full amount thereof.
(1987 Code, sec. 14-134)
Before any license required by this article shall be issued, the applicant shall pay to the city a license fee as established by city council for the period of such permit, payable in advance.
(1987 Code, sec. 14-135; Ordinance adopting Code)
The city shall issue to a person applying for a license required by this article a license for the period of time designated, upon compliance by such person with the terms of this article; provided, however, that no such license shall be issued for a period longer than one (1) year.
(1987 Code, sec. 14-136)