Chapter 4-3: Auctioneer License11
The purpose of this chapter is to protect the public welfare by licensing auctioneers in order to regulate potential means of selling stolen property.
(a) No person shall conduct or carry on the business of selling at public auction any merchandise without first obtaining a license therefor from the city manager under this chapter.
(b) No person shall sell any property at a public auction within the city without first obtaining a license therefor from the city manager under this chapter.
An applicant may obtain an auctioneer license after:
(a) Filing an application therefor with the city manager that includes the applicant's name, address, and proposed place of business;
(b) Paying the fee prescribed in section 4-20-3, "Auctioneer License Fees," B.R.C. 1981;
(c) Posting a surety bond in the amount of no less than $1,000.00, payable annually following any auction to any person suffering a loss as the result of purchasing merchandise at such auction that is later determined to be stolen or otherwise not legally subject to sale by the auctioneer; and
(d) Showing proof to the city manager of possessing a diploma from an accredited auctioneer college or certification from the Auction Marketing Institute, a training division of the National Auctioneers Association.
Ordinance No. 6032 (1998)
4-3-4 Authority to Deny Issuance of License.![]()
(a) The city manager may deny an application for a license under this chapter upon a finding of any of the conditions in subsection 4-1-9(a), B.R.C. 1981, or upon a determination that:
(1) The applicant has had any auctioneer license under this code revoked or suspended; or
(2) The applicant has previously failed to comply with the ordinances and regulations of the city relating to conducting any auctioneer, secondhand dealer, or pawnbroker business licensed by this code.
(b) If the city manager denies a license application under this section, the manager shall follow the procedures prescribed by subsection 4-1-9(b), B.R.C. 1981.
4-3-5 Sales to Which Chapter Not Applicable.![]()
Nothing in this chapter applies to sales at public auction under any legal process or proceeding ordered by any court, sales under any mortgage or deed of trust, tax sales, or sales under any provision of this code or other ordinance of the city by a city officer or employee.
The term of a license issued under this chapter is up to one year, according to the applicant's request, the fee paid, and the amount of time remaining in the year.
The city manager may suspend or revoke a license issued under this chapter for the grounds and under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981.
11 Adopted by Ordinance No. 4637. Derived from Ordinance Nos. 1265, 2419, 1925 Code.