No personal property shall be sold at auction in the city except in compliance with the provisions of this chapter. It is unlawful to sell or cause or permit to be sold at auction any personal property in the city unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the city. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Ord. 1232 § 2, 1975; Ord. 1416 § 4, 1983)
The fees for an auctioneer's license shall be as established
pursuant to resolution of the city council.
(Ord. 1232 § 2, 1975; Ord. 1536 § 6, 1989)
Every applicant for an auctioneer's license shall file with
the director of finance a surety bond running to the city in the amount
of one thousand dollars with surety acceptable to and approved by
the director of finance conditioned that the applicant, if issued
an auctioneer's license, will comply fully with all the provisions
of the ordinances of the city and the statutes of the state regulating
and concerning auctions and auctioneers, will render true and strict
accounts of all of his or her sales to any person or persons employing
him or her to make the same, will not practice any fraud or deceit
upon bidders or purchasers of property from him or her at any auction
sale or suffer or permit any person in his or her employ to practice
any such fraud or deceit, and will pay all damages which may be sustained
by any person by reason of any fraud, deceit, negligence or other
wrongful act on the part of the licensee, his or her agents or employees,
in the conduct of any auction or in the exercise of the calling of
auctioneer. A liability insurance policy issued by an insurance company
authorized to do business in the state which conforms to the above
requirements may be permitted by the director of finance in his or
her discretion in lieu of a bond.
(Ord. 1232 § 2, 1975)
At the conclusion of any auction sale of personal property consummated
in the city, the duly licensed auctioneer shall file with the director
of finance a final written report of the sale itemizing the sale of
taxable and nontaxable tangible personal property and describing identifiable
secondhand tangible personal property.
(Ord. 1232 § 2, 1975)
It is unlawful to conduct an auction sale of personal property
on any of the streets, sidewalks or public property of the city.
(Ord. 1232 § 2, 1975)
It is unlawful to offer for sale at auction or sell at auction
any articles between the hours of twelve midnight and eight a.m.
(Ord. 1232 § 2, 1975)
The provisions of this chapter shall not be applicable to auction
sales conducted by trustees or referees in bankruptcy, executors,
administrators, receivers, or other public officers acting under judicial
process, nor to the sale of real property at auction.
(Ord. 1232 § 2, 1975)
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this chapter.
(Ord. 1232 § 2, 1975)