[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.]
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.
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.
