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)
(a) 
The director of finance is authorized to grant or renew an auctioneer's license for any period of time not exceeding one year to any individual applying therefor on a form to be provided by the director of finance upon payment by the applicant of the fees provided for in Section 5.28.030 and the filing by the applicant of the bond required by Section 5.28.040.
(b) 
The form on which application shall be made for an auctioneer's license shall require the following information:
(1) 
The name of the applicant;
(2) 
The residence and business address of the applicant;
(3) 
The length of time for which an auctioneer's license is desired;
(4) 
A statement as to whether or not the applicant holds, or has held, an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant, together with a full and accurate statement as to the reasons for any such revocation;
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance and, if so, the nature of the offense and the punishment or penalty assessed therefor;
(6) 
The fingerprints of the applicant and the names of at least two reliable property owners of the county who will certify as to the applicant's good moral character and business responsibility, or, in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that the director of finance may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this chapter who has in a previous application under this chapter complied with this requirement.
(c) 
Before issuing an auctioneer's license to any individual applying therefor, the director of finance shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he or she deems necessary for the protection of the public good, except that the director of finance may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for an auctioneer's license under this chapter. The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the director of finance whether or not the moral character and business responsibility of the applicant are satisfactory.
(d) 
An auctioneer's license may be revoked by the director of finance or an application for issuance or renewal of such license may be refused by the director of finance if he or she determines, after notice and hearing, that:
(1) 
The applicant or license holder is not an individual of good moral character and business responsibility; or
(2) 
The application of the applicant or license holder contains any false, fraudulent or misleading material statement; or
(3) 
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 in the city; or
(4) 
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; or
(5) 
The applicant or license holder has violated any of the statutes of the state relating to auctions or auctioneers; or
(6) 
The applicant has been convicted of any crime or misdemeanor involving moral turpitude; or
(7) 
The applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property in the city 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.
(e) 
Notice of the hearing provided for in subsection (d) of this section shall be given in writing to the applicant or license holder as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or license holder as the case may be at his or her last-known address at least five days prior to the date set for hearing. The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel.
(f) 
Any individual aggrieved by the action of the director of finance in refusing to issue any license or in revoking any license or special permit already issued shall have the right to appeal to the council of the city. Such appeal shall be taken by filing with the council, or person designated by it, within fourteen days after notice of the action complained of has been mailed, postage prepaid, to such individual's last-known address, a written statement setting forth fully the grounds of appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in subsection (e) of this section. The appellant shall have the right to be represented at such hearing by counsel. The decision and order of the council on such appeal shall be final and conclusive.
(Ord. 1232 § 2, 1975)
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)
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)