Chapter 5.10
AUCTIONS
Sections:
5.10.030 Unlawful to conduct auction.
5.10.010 Licensing required.
The practice of itinerant merchants, transient vendors of merchandise, or traveling sellers of merchandise holding, promoting, or operating auctions at temporary locations in the city of Pilot Rock, without having first obtained a license so to do from the recorder of the city of Pilot Rock as herein provided, is hereby declared a nuisance, and punishable as a violation. [Amended during 2011 codification; Ord. 296 § 1, 1977].
5.10.020 Definitions.
“Auction” is any public sale at which goods, wares, or merchandise are offered for sale to the highest bidder.
“Auction house” is hereby defined to be any fixed place of business where any goods, wares and merchandise are sold or offered for sale at public outcry to the highest bidder on the spot.
“Auctioneer” means any person who sells or offers to sell property at auction, either for himself or another person. [Ord. 296 § 2, 1977].
5.10.030 Unlawful to conduct auction.
It shall be unlawful to conduct or operate an auction house without having first obtained a license so to do as provided herein. [Ord. 296 § 3, 1977].
5.10.040 Class of auction.
Auctions shall be divided into the following classes:
(1) First Class. An auction of the first class is one which is regularly conducted at a designated place which shall be known and advertised as an auction house, and the site of said auction shall be specified in the license. The license fee required to conduct an auction of the first class shall be $25.00 per year; and auctioneers conducting first class auctions shall pay an annual fee of $25.00.
(2) Second Class. An auction of the second class is one conducted by a merchant desiring to close out his stock where the same has been kept as a continuous stock for sale within the city of Pilot Rock for more than one year prior to the date of the commencement of the auction sale. The license fee required to conduct an auction of the second class shall be $1.00 per day; and auctioneers conducting auctions of the second class shall pay a license fee of $1.00 per day.
(3) Third Class. An auction of the third class shall be one conducted for the sale of goods brought into the city for said auction sale, whether the same be the property of the auctioneer or not. Auctions shall be deemed to be of the third class if they consist wholly or partly of goods, wares, or merchandise offered for sale within two months of the date they were brought into the city, except such auctions as come within the definition of second class auctions. Auctions shall be deemed to be of the third class if the auctioneer conducting the same cannot give satisfactory evidence to the city recorder so as to establish the auction as one of the first class or second class. The license fee required to conduct an auction of the third class shall be $50.00 per day; and auctioneers conducting an auction of the third class shall pay a daily license fee of $50.00.
License fees shall be payable in advance at the time the application is made for a license. [Ord. 296 § 4, 1977].
5.10.050 Inspection.
Any auctioneer doing business as such shall be presumed to be the agent of the person, firm, or corporation licensed to operate an auction within the city and such license shall be available for the inspection of any peace officer, or any citizen, upon demand at all reasonable times during the period at which an auction business is being conducted. [Ord. 296 § 5, 1977].
5.10.060 Nuisance abatement.
The chief of police and all city peace officers of the city of Pilot Rock are hereby required and directed to abate any such nuisance as described in PRMC 5.10.010. [Amended during 2011 codification; Ord. 296 § 6, 1977].
5.10.070 Exclusions.
All charitable, fraternal, religious, and other nonprofit organizations or corporations are hereby excluded from the provisions of this chapter. [Ord. 296 § 7, 1977].
5.10.080 Penalties.
Any person convicted of perpetrating a nuisance as described in PRMC 5.10.010, or of violating any of the terms or conditions of this chapter, upon conviction thereof, shall be fined in a sum of not less than $25.00 nor more than $250.00 together with the costs of the proceeding, which said fine may be satisfied, if not paid in cash, by execution against the person of anyone convicted of committing a violation herein prohibited. [Amended during 2011 codification; Ord. 296 § 8, 1977].