[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 6, Ch. 7, of the 1981 Code). Amendments noted where
applicable.]
A.
When required. No person, firm or corporation on behalf of another
shall sell or offer for sale at public auction within the City any
goods, wares or merchandise or other property without first having
obtained from the City Clerk a permit in writing to do so. Such permit
shall be granted only upon the conditions set forth in this chapter
and shall be revoked for any violation of this chapter. The permit
is valid for one year.
B.
Exceptions.
(1)
No permit shall be required for the sale at public auction of goods,
wares or merchandise by virtue of any rule, order or judgment of any
court or of any law respecting the collection of any tax or duty,
either of this state or the United States, or for any sale by auction
of property belonging to this state or the United States, or for any
sale by any trustee of bankruptcy, or any sale made by any executor,
administrator or guardian duly authorized by the court to conduct
such sale, personally or when made by any officer of any court in
person, or by any officer of this City, county, state or the United
States in person.
(2)
No permit shall be required for any auction held by any church or
fraternal or charitable organization whose principal location is within
the City of Two Rivers.
C.
Application. Application for a permit shall be by verified petition
filed with the City Clerk, stating the name of the applicant, his
residence and the street and number of the proposed place of sale.
It shall set forth in detail a description of the goods to be sold
and what statements or representations are to be made or advertised
as to the same, the length of time for which the permit is desired,
and, if the applicant has been previously engaged in a like or similar
business, the places where the same were conducted, and shall furnish
the City Clerk with such further evidence as shall be deemed necessary
to establish the truth of the statements made in the petition. In
no event shall the petition be supplemented or additional merchandise
added to the stock set forth in the petition during the period for
which the permit is granted. Such list of merchandise shall be submitted
within two weeks of each auction. Said application shall further set
forth all taxes previously levied or assessed against said stock of
goods set forth in said inventory, whether against the applicant or
any former owner thereof, and no permit shall be granted for the sale
thereof until all taxes owing as a result of assessment or levy shall
have been paid. The applicant shall also report whether he was convicted
of a crime, statutory violation or ordinance violation within the
last three years.
D.
Fees. The fee for a permit shall be as provided for in Chapter 1-2,
Fees, of this Code.
Each applicant for an auction permit shall execute and file
with the City Clerk a good and sufficient bond issued by a surety
company licensed to do business in the State of Wisconsin in the sum
of $5,000, which bond shall be approved by the City Attorney as to
form and execution. Such bond shall run to the City and to such persons
as may be damaged or injured by reason of fraud or deception or misrepresentation
with reference to any sales by auction, shall be conditioned upon
the faithful observance of all provisions of this chapter, and shall
also indemnify any purchaser at any auction sale who suffers loss
by reason of misrepresentation or deception or fraud in such auction
sales. Said bond shall be kept in full force and effect during the
entire period for which the permit is granted and shall, in addition
thereto, be kept in full force and effect for a period of three months
after the time for which the permit is granted has expired. Said bond
shall not be canceled or altered, except upon 20 days' written
notice to the City Clerk.
A.
Denial or revocation. An auctioneer's license may be revoked
by the Chief of Police or renewal of such license may be refused by
the City Clerk when it is determined that:
(1)
The application of the applicant or license holder contains any false,
fraudulent, or misleading material statement; or
(2)
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 (goods, wares, or merchandise) in the City of Two Rivers;
or
(3)
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 of Two Rivers; or
(4)
The applicant or license holder has violated any of the statutes
of the State of Wisconsin relating to auctions or auctioneers during
the license period; or
(5)
The applicant or license holder has conducted an auction sale of,
or offered for sale at auction, any real or personal property (goods,
wares, or merchandise) in the City of Two Rivers 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.
B.
Appeals. Any person who receives a determination or order from the
City of Two Rivers regarding an auction permit and objects to all
or any part thereof may appeal to the City Manager within seven days
of receipt of the order, and the City Manager shall hear such appeal
within 30 days of receipt of written notice of the appeal. After such
hearing, the City Manager may reverse, affirm, or modify the order
or determination appealed from, and the grounds for its decision shall
be stated in writing. The City Manager shall by letter notify the
party appealing the order or determination of its decision within
10 days after the hearing has been concluded and file its written
decision with the City Clerk.
No person shall act as bidder or what is commonly known as a
"capper," "booster" or "shiller" at any auction, or place or offer
or make any false bid to buy or pretend to buy any article sold or
offered for sale at any public auction.
No person selling or offering for sale at public auction any
goods, wares, merchandise or real estate shall make any fraudulent
representations regarding the character, quality, kind or description
of the same.
No goods, wares, or merchandise or thing whatsoever shall be
placed, sold or exposed for sale at a public auction or vendue in
any street, sidewalk, alley or public grounds in the City.
No auctioneer, his agent or servant, or any person engaged or
employed in selling goods or other things at auction shall expose
for sale at public auction or vendue any goods, wares, or merchandise
or other things whatsoever to any person or persons who, at the time
of bidding for the same or whilst examining the same, shall be on
the sidewalk of any street in the City.
No solicitor, bellman or crier, or any drum, horn, or other
instrument of music, or any show or signal, noise or other means of
attracting the attention of the public, other than a stationary or
fixed sign or flag, shall be employed, suffered or permitted to be
used at or near any place of sale or auction fronting or abutting
on any public thoroughfare in the City of Two Rivers.
