§ 8-21. Classifications.

For the purpose of this article, the following classifications of auctions and auctioneers shall apply:

(1)

Class 1, regular auctions. Regular auctions are those conducted in a fixed place of business which shall be known and advertised as an auction house. It is unlawful for regular auction houses to conduct temporary auction sales, whether the same shall be their own property or whether they sell the same as agents or employees of others.

(2)   

Class 2, temporary auctions. Temporary auctions are auctions temporarily conducted for the sale of bankrupt or damaged goods sold by pawnbrokers under the provisions of the state law, goods sold for storage or transportation, capital goods and equipment or livestock. Notwithstanding the provisions of this subsection, persons conducting auctions for the sale of goods sold for storage or transportation charges may, at their option, be classified under subsection (4) of this section; provided, that an auction of the owner's household furnishings, goods and effects of such owner's residence by a licensed auctioneer shall also be deemed and considered a temporary auction.

(3)

Class 3, closing out auctions. Closing out auctions are auctions of stock on hand conducted by persons retiring from business. No license shall be issued for a closing out auction unless the persons applying for such license shall have been continuously in business in the city as a retail or wholesale merchant for the three-year period proceeding such sale.

(4)

Class 4, storage or transportation auctions. Storage or transportation auctions are auctions conducted for the sale of goods sold for storage or transportation charges at regular or irregular intervals. This classification shall not be applicable to such auctions unless application for an annual license to conduct such auctions is made.

(5)

Class 5, temporary benefit auctions. Temporary benefit auctions are those conducted by private nonprofit organizations having tax-exempt status under state and federal law, for the sale of objects donated to the organization to be sold at auction, it being understood that the proceeds of the auction shall go to defray the expenses of the tax-exempt organization or for another tax-exempt purpose.

(6)

Class 6, regular auctioneers. Regular auctioneers are those who are regularly engaged in the business of auctioneering in the city.

(7)   

Class 7, special auctioneers. Special auctioneers are those not classified in subsection (6) of this section.

(Prior Code, § 60.140; Code 2006, § 5.11.3; Ord. No. 1111, § 1(part), 9-27-1983)