Chapter 5.10
AUCTIONS
Sections:
5.10.020 Exceptions to chapter.
5.10.040 Auctions on streets, sidewalks, etc., prohibited.
5.10.050 Licenses required – Sales to be conducted by a holder of an auction business license only.
5.10.060 Application for license.
5.10.070 Investigation of applicant.
5.10.080 Bond required – Liability insurance policy may be submitted in lieu of bond.
5.10.090 License renewal – Fee – Term.
5.10.100 Revocation or denial – Grounds – Hearing.
5.10.110 Notice of hearing – Right to counsel.
5.10.010 Auction defined.
The word “auction,” as used in this chapter, shall be deemed to include all sales commonly known as “auctions,” as well as “Dutch auctions” and “auctions” wherein the auctioneer or salesman shall do any of the following:
(a) Call for public bids;
(b) Progressively decrease the price at which he will sell the merchandise until his offer is accepted;
(c) Add additional merchandise to the original items until the auctioneer or salesman is able to receive a bid or offer for the accumulated items. [Ord. 481 § 1, 1978. 1996 Code § 9-10.]
5.10.020 Exceptions to chapter.
The provisions of this chapter shall not be applicable to auction sales conducted by executors, administrators, receivers, public officers acting under judicial process or any other lien sale held pursuant to law or any householder selling his own personal private property, distinguished from any property used in a trade or business. [Ord. 481 § 2, 1978. 1996 Code § 9-11.]
5.10.030 Compliance.
No personal property shall be sold at any auction in the town except in compliance with the provisions of this chapter. [Ord. 481 § 3, 1978. 1996 Code § 9-12.]
5.10.040 Auctions on streets, sidewalks, etc., prohibited.
No person shall conduct an auction sale of personal property on any of the streets, sidewalks or public property of the town. [Ord. 481 § 4, 1978. 1996 Code § 9-13.]
5.10.050 Licenses required – Sales to be conducted by a holder of an auction business license only.
No person shall sell, or cause or permit to be sold, at an auction, any personal property in the town unless such sale is conducted by a holder of a valid auction business license issued by the town clerk under this chapter. [Ord. 481 § 5, 1978. 1996 Code § 9-14.]
5.10.060 Application for license.
The application for each initial or renewal auction business license containing the following information shall be filed with the town clerk:
(a) If an individual applicant:
(1) Full name and residential address of the applicant; and
(2) All auction business addresses of the applicant; and
(3) Trade name used by the applicant; and
(4) The length of time for which an auction business license is desired; and
(5) A statement as to whether or not the applicant holds or has held an auctioneer’s license or auction business license issued by any licensing authority; a list of such licenses and a statement specifying the time, place and by whom issued; a statement as to whether or not any licensing authority has ever refused to issue, refused to renew, or revoked an auctioneer’s license or auction business license to the applicant together with a full and accurate statement as to the reasons for any such refusal or revocation; and
(6) A statement as to whether or not the applicant has ever been convicted of a felony or any crime involving moral turpitude and if so, the nature of each of the offenses and the punishment or penalty assessed therefor; and
(7) A two-inch by two-inch photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinguishing manner; the social security number of the applicant; the date of birth of the applicant; and the fingerprints of the applicant. The town clerk may waive the requirements of this subsection for any license renewal applicant; and
(8) The affidavits of at least two property owners residing in Platte County, Wyoming, stating that the applicant has a good moral character. The town clerk may waive the requirements of this subsection for any license renewal applicant.
(b) Any applicant other than an individual:
(1) Legal name of the applicant; and
(2) All auction business addresses of the applicant; and
(3) Trade name used by the applicant; and
(4) The length of time for which an auction business license is desired; and
(5) Each partner, shareholder, member, owner, officer, director and manager of applicant must fulfill the requirements specified in subsections (a)(1), (5), (6), (7) and (8) of this section by attaching such items to the application. [Ord. 481 § 6, 1978. 1996 Code § 9-15.]
5.10.070 Investigation of applicant.
Upon receiving an application for an auction business license, the town clerk shall immediately refer the application to the chief of police, who shall conduct such investigation of the applicant as he deems necessary for the protection of the public. Upon completing his investigation, the chief of police shall submit a written report to the town clerk disclosing the results of his investigation. Upon receiving such investigation report, the mayor shall determine whether the applicant is eligible for a license. [Ord. 481 § 7, 1978. 1996 Code § 9-16.]
5.10.080 Bond required – Liability insurance policy may be submitted in lieu of bond.
Every applicant for an auction business license shall file with the town clerk a surety bond running to the town in the amount of $1,000, with surety acceptable to and approved by the mayor, conditioned that such applicant, if issued an auction business license, will comply fully with all provisions of this code or other ordinances of the town and the statutes of the state regulating and concerning auctions and auctioneers; will render true and strict accounts of all his sales to any person employing him to make the same; will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit; and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee, his agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the state which conforms to above requirements may be permitted by the mayor in his discretion in lieu of a bond. [Ord. 481 § 8, 1978. 1996 Code § 9-17.]
5.10.090 License renewal – Fee – Term.
The mayor may grant or renew an auction business license for all or any part of a calendar year to any person fulfilling the requirements of this chapter, upon the payment of a $25.00 fee. All auction business licenses shall expire on the last day of December of each year and may be renewed annually for a period of one year by qualified license holders. [Ord. 481 § 9, 1978. 1996 Code § 9-18.]
5.10.100 Revocation or denial – Grounds – Hearing.
After notice and hearing, the mayor may revoke any auction business license issued under this chapter or may refuse to issue or renew an auction business license under this chapter for any of the following causes:
(a) The application of the applicant or licensee contains any false, fraudulent or misleading material statement;
(b) The applicant or licensee or any partner, shareholder, member, owner, officer, director or manager of the applicant or licensee:
(1) Is not a person of good moral character,
(2) Has made any false, fraudulent or misleading material statement in the course of conducting an auction or in any offering for sale at an auction,
(3) Has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction,
(4) Has violated any of the statutes of the state relating to auctions or auctioneers,
(5) Has been convicted of any felony, or misdemeanor involving moral turpitude,
(6) Has conducted an auction 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. [Ord. 481 § 10, 1978. 1996 Code § 9-19.]
5.10.110 Notice of hearing – Right to counsel.
Notice of the hearing provided for in WMC 5.10.100 shall be given in writing to the applicant or licensee. Such notice shall be mailed, postage prepaid, to the applicant or licensee at his last-known address at least five days prior to the date set for hearing.
The applicant or licensee shall have the right to be represented at such hearing by counsel. [Ord. 481 § 11, 1978. 1996 Code § 9-20.]
5.10.120 Appeal to council.
Any person aggrieved by the action taken by the mayor under WMC 5.10.100 shall have the right to appeal to the mayor for a rehearing. Such appeal shall be taken by filing a written statement setting forth the facts and grounds of appeal with the town clerk not later than 14 days after the date upon which the mayor took the action which aggrieved the appellant.
The mayor shall set a time and place for a rehearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in WMC 5.10.110. The appellant shall have the right to be represented at such rehearing by legal counsel. The decision and order of the mayor on such appeal shall be final and conclusive. [Ord. 481 § 12, 1978. 1996 Code § 9-21.]