Chapter 5
AUCTIONS*
Sections:
5-5.04 Permits: Filing applications: Fees.
5-5.05 Permits: Applications: Form.
5-5.06 Permits: Investigations.
* Chapter 5, formerly entitled “Auction Sales”, consisting of Sections 5-5.01 through 5-5.05, codified from Ordinance No. 417 N.C.S., as amended by Ordinance No. 457 N.C.S., repeated by Ordinance No. 645-84 C-M, effective August 23, 1984.
5-5.01 Auctioneers.
Every person who at public outcry shall offer for sale as principal or agent to the highest bidder on the spot any article of merchandise or properly shall be an auctioneer.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.02 Auctions limited.
It shall be unlawful for any person to conduct a sale by public auction within the City, except as specifically permitted and regulated by this chapter.
(§ 2, Ord. 645-84 C-M, eff, August 23, 1984)
5-5.03 Exceptions.
The provisions of this chapter shall not apply to the following transactions:
(a) Judicial sales, or sales by executors or administrators, authorized by law and sales by public officers authorized by law;
(b) Auction sales of unredeemed pledges by or on behalf of licensed pawnbrokers having been continuously in business for a period of one year next preceding such sale;
(c) Auction sales in foreclosure of bailee’s liens authorized or required by law, including warehousemen’s liens;
(d) Auction sales of motor vehicles when such auction is open only to licensed motor vehicle dealers as buyers;
(e) Any nonprofit organization which conducts a public auction solely for charitable purposes as a special event and nor as a continuous means of conducting business; and
(f) Any retail or wholesale merchant or person engaged in a business licensed by the City may conduct a public auction for profit subject to the provisions of this chapter after such person shall have obtained a permit so to do. No such sale by public auction shall be conducted by any person unless and until such person either shall have been engaged in business continuously in the City for a period of one year or shall have been granted a special use permit to conduct such sale.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.04 Permits: Filing applications: Fees.
Every applicant for a permit to conduct public auctions shall file an application with the Director of Finance upon a form provided by the City and pay an appropriate fee. The application fee shall be set by resolution of the Council. The fees established shall be to investigate and process the application and regulate permittees and shall not be refundable.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.05 Permits: Applications: Form.
Each application for a permit to conduct auction sales shall contain the following appropriate information:
(a) The name and address of each applicant;
(b) The proposed place of business and the facilities therefor;
(c) The commencement date of the business or a copy of the special use permit;
(d) The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application;
(e) An itemization of all criminal convictions, except minor traffic violations;
(f) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten (10%) percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply; and
(g) Applications shall be verified under penalty of perjury as provided by the Code of Civil Procedure of the State for the verification of pleadings.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.06 Permits: Investigations.
The Police Department shall conduct an appropriate investigation to determine whether such permit shall be issued in accordance with the provisions of this chapter. The Chief of Police may request the assistance of any City department for the purpose of such investigation, and he shall consider any relevant factual material relating to such application. The City may cause the fingerprints to be taken of any applicant.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.07 Permits: Issuance.
After an investigation, the Chief of Police shall direct the Director of Finance to issue a permit within thirty (30) days following the application filing date if he finds:
(a) That a complete written application form therefor has been filed;
(b) That the required fee therefor has been paid to the Director of Finance;
(c) That, as a result of an investigation, all applicable provisions of this chapter with regard to such permit application have been met;
(d) That the operation by the applicant will be carried on in a building, structure, and location which comply with and meet all of the health, zoning, fire, building, and safety requirements and standards of the laws of the State and of the City applicable to such business operation;
(e) That the applicant, and his employees, agents, or any person connected or associated with the applicant as a partner, director, officer, stockholder, or manager, has not been convicted in a court of competent jurisdiction by final judgment within the last ten (10) years of an offense involving fraud, theft, or deceit;
(f) That the applicant, and his employees, agents, or any person connected or associated with the applicant as a partner, director, officer, stockholder, or manager, has not knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any City agency; and
(g) That the applicant has not had a similar type permit previously revoked for good cause within the past year, unless the applicant has shown a material change in circumstances since the date of revocation.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.08 Permits: Revocation.
Upon the violation of any provision of this Code by any person to whom a permit to conduct a public auction has been issued as provided in this chapter, the Director of Finance may revoke the issued permit summarily and without notice.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)
5-5.09 Permits: Appeals.
All actions of the Director of Finance granting or denying a permit pursuant to this chapter shall be subject to appeal to the Council by the applicant for such permit pursuant to the provisions for appeals contained in Chapter 4 of Title 1 of this Code.
(§ 2, Ord. 645-84 C-M, eff. August 23, 1984)