Loading...
HomeMy WebLinkAboutORD 1713R f ORDINANCE NO. / 7 ' AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REGULATING AUCTIONS AND AUCTIONEERS -,.PROVIDING FOR THE ISSUANCE OF LI- CENSES', AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. __4 BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I: No personal property (goods, wares or merchandise) shall be sold at auction in the City of. Renton except in compliance with the provisions of this Ordinance. It shall be unlawful to sell, or cause or permit to be sold, at auction, any personal property unless such sale is conducted by an individual who has applied for and obtained a valid auctioneer's license from the City of Renton. SECTION II: The City Clerk is hereby authorized to grant, or renew, an auctioneer's license for any period of time not exceeding one year to any individual applying therefor on a form to be provided by the City Clerk upon payment by the applicant of the fees provided for in Section III of this Ordinance and the filing by the applicant of the bond required by.Section IV of this Ordinance. (a) The form on which application shall be made for an auctioneer's license shall require, among others, the following information: (1) Name-, residence and business address of the applicant. (2) The length of time for which an auctioneerls license is desired. (3) A statement as to whether or not the applicant holds, or has held, an auctioneer's license from any State, municipality, or other licensing authority; a list of such licenses and a statement of the time, place and by whom issued; and whether any State, municipality or other licensing authority has ever refused to issue or renew an auctioneers license to the applicant, and the reasons therefor; a statement as to. whether an auctioneerts license held by the applicant has ever been .revoked by any governmental agency. (4) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment,or penalty assessed therefor. (5) A photograph of the applicant, taken within ninety (90) days immediately prior to the date of filing of the application, which picture shall be 21' by 211 showing the head and shoulders of the applicant in a clear and distinguishing manner; except that the City Clerk may waive this requirement with respect to an application for renewal of an auctioneerts license by an individual holding an unexpired auctioneer's license issued under this Ordinance, and who has previously complied with this requirement. (6) Before issuing an auctioneer's license to any individual applying therefor, the City Clerk shall refer the appli- cation to the Chief of Police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the pro- tection of the public good, except that the City.Clerk may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual hold- ing an unexpired auctioneer's license issued under this Ordinance. The Chief of Police shall cause the investiga» tion herein provided for to be made within a reasonable time and shall certify to the City Clerk whether or not the moral.character and business responsibility of the applicant is satisfactory/; (b) An auctioneer's license may be revoked by the City.Clerk or an applica- tion for issuance or renewal of such license may be refused by the City Clerk if he determines, after notice and hearing: (1) That the applicant or license holder is not. an individual of good moral character and business responsibility; or (2) That the application of the applicant or license holder contains any false, fraudulent or misleading material statements; or (3) That the applicant or license holder has made any false, fraudulent or misleading material statement in the course of -conducting an auction sale of, or in offering for sale at auction, any real or personal property in the City of Renton; or (4) That the applicant or license -holder has perpetrated a fraud upon any person whether or not such fraud was per- petrated in the conduct of an auction in the City of Renton; or (5) That the applicant or license -holder has violated any of the statutes of the State of Washington relating to auctions or auctioneers; or (6) That the applicant has been convicted of any crime or mis- demeanor involving moral turpitude or has conducted an auction sale of, or offered for sale at auction, any real or personal property in the City_of Renton in an unlawful manner or in such manner as to constitute a breach of the peace or.a menace to the health, safety or general welfare of the public. (c) Notice of the hearing provided for in sub -paragraph (b) above shall be given in writing to the applicant or license -holder at his last known mailing address. Such notice shall be mailed at least five (5) days prior to the date set for hearing. (d) Any individual aggrieved by the action of the City .Clerk in refusing to issue any license or in revoking any license or -special permit already issued shall have the right to appeal to the City Council of the City of Renton. Such *-2» appeal shall b e taken by filing with the Council, within ten (10) days after notice of the action complained of has been mailed, postage prepaid, to such individual's last known mailing address, a written statement setting forth fully the grounds of appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in sub-paragraph (c) above. The decision and order of the Council on such appeal shall be final and conclusive. SECTION III: The fees for an aucti.oneerts license shall be as follows: -Dollars ($75.00) for a period of one year; .Dollars ($5..00) per day for any period of less than one year. SECTION IV: Every -applicant for an auctioneerts license shall file with the City Clerk a surety bond running to the City of Renton in the amount of not less than $3,000.00 with surety acceptable to and approved by the City Attorney conditioned that the said applicant, if issued an auctioneer's license, will fully comply with all the provisions of the Ordinances of the City of Renton and the Statutes of the State of Washington regulating and concerning auctions and auctioneers, will render true and strict accounts of all his sales to any person or persons 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 of Washington which conforms to the above requirements may be permitted by the City Clerk in his discretion in lieu of a surety bond. SECTION V: No auction sale of personal property shall be conducted within any residential area of the City of Renton except upon the issuance of a special permit therefor by the City Clerk and in accordance with the express terms of any such special permit: (a) Application for special permit to conduct an auction sale of personal property within a residential area of the City of Renton shall be -3- made to the -City Clerk on a form to be provided by him upon which shall be stated the nature and quantity of the goods to be sold and the number of days during which it is desired to conduct such auction sale. The City Clerk may issue such special permit upon the payment of the fee of Ten Dollars ($10.00) which shall be in addition to and not in lieu of the fees and bond provided for in .Sections III and IV, respectively, of this Ordinance, upon his determination that there is. good and sufficient reason for the issuance of such special permit. (b) The City Clerk may refuse to issue or renew such special permit, or may revoke any special permit already issued, if he determines that there is good and sufficient reason for such refusal or revocation. Any individual aggrieved by the action of the City Clerk in refusing to issue or renew or in revoking any such special permit shall have the right to appeal to the City Council of the City of Renton in the manner prescribed in Section II (d) of this Ordinance. SECTION VI: It shall be unlawful to conduct an auction sale of personal property on any of the streets, sidewalks.or public property of the City of Renton. SECTION VII: It shall be unlawful to offer for sale at auction or sell at auction any gold, silver, plated ware, clocks, watches, diamonds or other precious or semi-precious stones or any imitation thereof, glassware, chinaware, or jewelry, or any article purporting to be or represented as any of the above listed articles between the hours. of 6:00 P.M. and 5:00 A.M. SECTION VIII: The provisions of this.Ordinance shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers, or other public officers acting under judicial process, - nor to the sale of real property at auction or sales by licensed pawnbrokers of unredeemed pledges; nor shall the provisions of this Ordinance apply to religious, charitable and other non-profit organizations conducting occasional auctions for charitable purposes not to exceed a total of seven -(7) days in any one year period. SECTION 1X: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding,One Hundred Dollars ($100.00) or by imprisonment in the City Jail not exceeding thirty (30) days, or by both such fine and imprisonment. Each such violation shall constitute a separate offense and shall be punishable as such hereunder. SECTION X: If any section, subsection,, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision .and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION XI: Chapter 25 of Title V (Business Regulations) of -Ordinance No. 1628 entitled "CODE OF GENERAL ORDINANCES 'OF THE CITY'OF RENTOW, and any and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION XII: This Ordinance shall be in.full force and effect from and after its passage, approval and legal publication. PASSED BYTHECITY COUNCIL this day of 1. Elton L. Alexxaander,_City Clerk APPROVED BY THE MAYOR this day of embefE, 115& APPROVED .AS TO FORM: Gerard M. Shellan,.City Attorney -5-