It shall be unlawful for any person to conduct a public auction in the
City of Albany without first having obtained an auctioneer's license.
An application to conduct a public auction shall be submitted to the
City Clerk. The application shall state:
A.
The name, home address and business address of the applicant.
B.
The applicant's present and previous employment.
C.
Whether the applicant has ever been convicted of a misdemeanor
or felony and, if so, what offense, when and in what court.
D.
Whether the applicant has ever had a public auctioneer's
license and, if so, when and in which jurisdictions.
E.
Any other information which the City Clerk deems necessary.
When an application is filed, the City Clerk shall cause an investigation
of the applicant to be made by the Police Department. The Chief of Police
shall furnish to the City Clerk, in writing, the results of the investigation,
accompanied by a recommendation as to whether a license should be issued.
A.
A license shall not be issued to any person who has been
convicted of a felony or any offense involving fraud or deceit or to any person
who the City Clerk, in his discretion, deems unfit to conduct public auctions.
B.
The City Clerk shall notify the applicant of the denial,
in writing, sent to the address indicated on the application.
C.
No applicant to whom a license has been refused shall
make further application until a period of at least six (6) months shall have
elapsed since the last previous denial, unless he can shown that the reason
for the denial no longer exists.
[Amended 11-25-2002 by Ord. No. 42.112.02]
All auctioneers' licenses shall be numbered and shall state the date
of issuance, date of expiration, fee paid and the name and business address
of the licensee.
Every auctioneer shall, upon the receipt or acceptance by him of any
goods for the purpose of sale at auction and before selling the goods at auction,
record the following:
A.
The name and address of the person who employed him to
sell goods at auction.
B.
The name and address of the person from whom the auctioneer
received or accepted the goods.
C.
The name and address of the person who was the owner,
authorized agent of the owner or the consignor of the goods immediately prior
to the receipt or acceptance of the goods by the auctioneer.
D.
The location, with street and number, if any, of the
goods immediately prior to the receipt or acceptance of the goods by the auctioneer
for the purpose of sale at auction.
E.
The date of receipt or acceptance by the auctioneer of
the goods for the purpose of sale at auction.
F.
The place, with street and number, if any, in which the
goods are to be held, kept or stored until sold or offered for sale at auction.
G.
The place, with street and number, if any, in which the
goods are to be sold or offered for sale at auction.
H.
A description of such goods, the quantity thereof and
the distinctive marks thereon, if any.
I.
The terms and conditions upon which the auctioneer receives
or accepts such goods for sale at auction.
Records required to be kept pursuant to this chapter shall at all reasonable
times be open to inspection by the City Clerk, the Chief of Police or their
designees.
No auctioneer shall:
B.
Conduct any auction sale for a transient merchant who has not obtained a permit as required by Chapter 341, Transient Retail Businesses, of the Code of the City of Albany.
C.
Make any false representation as to the character, quality,
condition, previous history, value or ownership of any property offered for
sale.
D.
Substitute any other article for the article sold to
the bidder.
E.
Bid on any property offered for sale by himself, and
no person shall act as an accomplice or capper for the purpose of making mock
bids at any auction.
F.
Employ a bellman, crier, instrument of music or means
of attracting the attention of persons, other than a sign or flag which shall
bear the license number.
G.
Refuse to exhibit his license to any police officer upon
demand at the place where an auction is being conducted.
H.
Receive for sale by auction or sell by auction any goods
from or to any minor, knowing him to be such.
A.
The City Clerk, in his discretion, may, for violation
of any provision of this chapter or for any other good and sufficient reason,
revoke an auctioneer's license. No portion of the license fee shall be refunded.
B.
Whenever a license is revoked, the licensee shall immediately,
upon notification of the revocation, surrender the license to the City Clerk.
