As used in this chapter, the following terms shall have the meanings indicated:
Any person who at public outcry offers for sale to the highest bidder any goods, wares, merchandise or property.
[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962 as Ch. 5 of the 1962 Code. Amendments noted where applicable.]
A.
No person shall dispose of any goods, wares, merchandise or property at public auction except through the medium of an auctioneer licensed to conduct such business by the City Clerk/Treasurer, nor shall any person act as auctioneer without having obtained such license.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.
Nothing herein contained shall apply to judicial sales or sales by executives or administrators, by trustees under deed of assignment, by lienors or by public officers in the manner prescribed by law or to the sale of household effects sold on the premises of the housekeeper selling them.
[Amended 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Before any license authorized by this chapter shall be issued, there shall be executed to the City and filed with the City Clerk/Treasurer a bond in an amount provided in Chapter 175, Licenses and Permits, conditioned for the faithful observance of the laws of the state, this Code and the ordinances of the City Council now or hereafter enacted. Such bonds shall be approved by the Comptroller as to sufficiency of surety and by the Corporation Counsel as to form and manner of execution.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Any person desiring a license as an auctioneer shall make written application at the office of the City Clerk/Treasurer, giving such information as the City Clerk/Treasurer may require therein.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A license shall not be granted to a person who has been convicted of violating the laws of the state or sections of this Code relating to auctions and auctioneers or for fraud or deceit in the conduct of auctions. A license may be revoked summarily by the City Clerk/Treasurer upon such conviction, and such powers of revocation shall also extend to the license of the employing auctioneer in case one of his employees or agents is so convicted.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
[Amended 10-5-1970; 2-10-2006 by L.L. No. 2-2006; 11-27-2012; 8-28-2017]
A.
No sale at a public auction shall continue for more than 30 successive days, Sunday and legal holidays excepted, from the day of the beginning of the sale.
B.
Subsection A shall not apply to auction sales of goods, wares or merchandise in job lots or at wholesale nor to auction sales of used household furniture and effects purchased from or sold on account of a householder who has actually used such furniture and effects in his household in this City, provided that a complete list of such furniture and effects, with the name and address of the person from whom they were purchased, shall have been previously filed with the City Clerk/Treasurer. A license shall not be required for an auctioneer selling only such goods.