Chapter VIII, Section II - Auctions and Auctioneers
Sec. 8-2-1 License
Sec. 8-2-2 Permit, required, application, information
Sec. 8-2-3 Inventory, filing required
Sec. 8-2-4 Bond, amount, sales excepted from requirement
Sec. 8-2-5 Misrepresentations
Sec. 8-2-6 Bidders to be identified
Sec. 8-2-7 Purchaser to receive invoice
Sec. 8-2-8 Penalties
Sec. 8-2-1. License.
No person shall hereafter sell, offer to sell or cause to be sold at public auction in the Town any property, real or personal, without first obtaining a license therefor; provided, however, that this Chapter shall not affect or apply to sales made by sheriffs, constables, tax collectors, coroners, marshals, administrators, executors, assignees of insolvent debtors or bankrupts, or any other person required by law to sell real or personal property at auction, nor shall this Chapter apply to nonprofit organizations. (Ord. 320, 1974)
Sec. 8-2-2. Permit, required, application, information.
Any person desiring to sell at any public auction within the Town, property, real or personal, shall make and file with the Town Clerk an application in writing for a permit to hold such auction, which shall state:
(1) The name, place of residence and place of business of the applicant and, if a corporation, the names and residences of all the officers of such corporation, and, if a partnership, the name and residence of all the members thereof.
(2) Whether the applicant desires a license to maintain a permanent auction room, place or yard as a regular business and sell at auction therein, or desires a general license for a one-year or a six-month term or for one (1) or more days, specifying the same, and the kind and nature of auctions proposed to be held during such term.
(3) The place where the proposed auction room, store, place, yard or business is to be located, giving house number and street name; or generally where such auction sales are proposed to be held within the Town.
(4) The fee, which shall be paid to the Town Clerk for such license before any license shall be issued, shall be as follows:
a. For a permanent auction room, place or yard as a regular business or general license for a one-year term, the sum of fifty dollars (.00) annually, said fee to be paid the first day of January each year. The fee for a new business shall be prorated on the basis of the remaining months. No refund or other allowance shall be made for a business which terminates during the license period.
b. For a general license for a six-month term, the sum of thirty dollars (.00).
c. For a license for one (1) day or more, the sum of twenty-five dollars (.00) per day. (Ord. 320, 1974; Ord. 445 §1, 1994)
Sec. 8-2-3. Inventory, filing required.
(a) When an auction sale of personal property is to be held, before such sale is held, the owner of the property to be sold thereat or the auctioneer shall file with the Town Clerk at least ten (10) days before the date of such sale a statement giving the date such sale is to begin and the number of days the applicant proposes to continue the same; also containing an itemized inventory of all personal property or articles proposed to be sold at such auction, substantially describing the quality, quantity and grade of each item and the aggregate value of all said personal property to be offered for sale thereat, and have attached thereto an affidavit of the owner of such property or of the auctioneer that the inventory is true and that all personal property listed therein has been in the Town for at least three (3) months prior to the date of such inventory, which inventory shall be kept on file in the office of the Town Clerk and shall be open to inspection by the public.
(b) No personal property shall be sold or offered for sale at any auction in the Town unless such property is included and described in the inventory filed and is covered by a bond filed. (Ord. 320, 1974)
Sec. 8-2-4. Bond, amount, sales excepted from requirement.
(a) Each auctioneer carrying on a permanent business or who shall hold a six-month or one-year license shall file with the Town Clerk a bond payable to the owner for the use and benefit of every person dealing with said auctioneer in the principal sum of one thousand dollars (,000.00).
(b) In the event of a license for one (1) day or more, but less than six (6) months, the bond shall be in the principal sum of ten (10%) percent of the value of the personal property to be sold thereat as shown by the inventory, but in no event shall such bond be less than two hundred dollars (0.00).
(c) All bonds shall be conditioned for the full and prompt payment by the owner of property to be sold, or by the auctioneer, of all damages, loss and costs resulting to or sustained by the purchaser of any article at such auction by reason of any false or deceptive statements, representations or advertisements of any article sold at such auction, such bond to be signed by the owner of the property to be sold or the auctioneer, and by a surety company or by two (2) or more sureties who shall be freeholders in the County, to be approved by the Town Clerk, and shall remain in full force and effect for the period of one (1) year from the date thereof. Any purchaser of any article at such auction shall have the right to bring suit on such bond to recover any loss or damage and costs suffered by him or her on account of any false or deceptive statements, representations or advertisements of any article sold at such auction; provided, however, that the provisions contained herein relating to the filing of an inventory and bond shall not apply to sales of secondhand household furniture and goods held at the instance of the owners thereof and at the residence of the owner of the majority part thereof, nor to sales of livestock. (Ord. 320, 1974)
Sec. 8-2-5. Misrepresentations.
It shall be unlawful for any auctioneer or other person making or aiding in carrying on an auction sale in the Town to make or to permit any other person to make to prospective bidders thereat any false or deceptive statement as to the quality, quantity, character, present condition, value, cost or general selling price, present or past ownership, whether new or secondhand, whether the whole or any part of a bankrupt or insolvent stock, whether damaged goods or goods saved from fire, or any articles sold or offered for sale at such auction. (Ord. 320, 1974)
Sec. 8-2-6. Bidders to be identified.
The auctioneer at such auction sale, upon announcing each bid for any article offered for sale, shall make some audible description of the person making such bid and also point out or otherwise designate the location of such bidder on the premises. (Ord. 320, 1974)
Sec. 8-2-7. Purchaser to receive invoice.
It shall be the duty of the owner of any article sold at such auction for the sum of two dollars (.00) or more to give to each purchaser upon demand within forty-eight (48) hours an invoice containing a description of each article so sold and the selling price thereof. (Ord. 320, 1974)
Sec. 8-2-8. Penalties.
Any person who shall violate or fail to comply with any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine of three hundred dollars (0.00), a jail sentence of ninety (90) days or both such fine and jail sentence for each offense and, upon such conviction, the Town Clerk shall immediately revoke the license and permit under which the auction involved is held. It shall thereafter be unlawful for any auction to be held under such license and permit. (Ord. 320, 1974)
