[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. 31, Art. I, of the 1967 Code]
It shall be unlawful for any auctioneer to cry
any sale within the corporate limits of the City without first having
obtained a license therefor.
[Amended 2-23-1971]
A.
Licenses issued under the provisions of this article
shall be issued only on an annual basis for a period beginning January
1 and ending on the following December 31.
B.
For each and every license so issued, there shall
be charged a fee of $25, regardless of the date that such license
may be applied for and issued after January 1 of any year.
[Amended 11-24-1992 by Ord. No. 1992-46]
[Added 7-17-1990 by Ord. No. 1990-39]
[Adopted as Ch. 31, Art. V, of the 1967 Code]
Every person, whether principal or agent, who
has not been engaged in a permanent business within the corporate
limits of the City for a period of at least 12 months and who desires
to enter into or is about to begin a special sale, auction or advertising
campaign of any goods, wares or merchandise whatsoever, including
the occasions when the same shall be represented or held forth to
be sales of a bankrupt, assignee or person about to quit business
or to be goods damaged by fire or water or goods advertised in any
other attractive or conspicuous manner whatsoever, shall, before being
granted a license to conduct such business, apply to the City Clerk
and comply with each of the following regulations:
A.
Pay the sum of $200 for each month or fraction thereof
such person may be engaged in the business above mentioned.
[Amended 11-24-1992 by Ord. No. 1992-46]
B.
File with the Clerk a complete inventory of all goods,
wares and merchandise which the person has on hand for the purpose
of making the sale and make affidavit as to the correctness thereof.
C.
File with the Clerk a sum of not less than $2,000,
the same to be held by the Clerk for a period of 60 days after the
close of the aforesaid sale. Such sum may be used to pay any fines
incurred by breach of any provision of this article and may be levied
on for payment of any judgment which might have been secured against
the person conducting any such sale in any court of record.
[Amended 11-24-1992 by Ord. No. 1992-46]
A.
Any person, whether principal or agent, who shall
sell or offer for sale any merchandise not constituting a part of
the stock described for sale without stating clearly and distinctly
to the purchaser or without causing an announcement to be made by
the auctioneer, in the case of an auction sale, that such merchandise
is not a part of the stock advertised for sale shall be deemed guilty
of a misdemeanor.
B.
No public auction of such goods, wares or merchandise
shall be conducted between the hours of 6:00 p.m. and 8:00 p.m.
