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BULLET St. Louis City Revised Code Chapter 8.18 Auctions and Auctioneers

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.18
Auctions and Auctioneers

Sections:

8.18.010 Definitions.
8.18.020 Public auctioneer--License--Required.
8.18.040 Public auctioneer--License prerequisites.
8.18.050 Public auctioneer--License fees.
8.18.060 Public auctioneer--License issuance fee.
8.18.070 Auction crier--License required.
8.18.080 Auction crier--License application.
8.18.090 Auction crier--License issuance--Separate.
8.18.100 Auction crier--License fee.
8.18.110 Standard for issuance or revocation of license.
8.18.120 Inspection of property.
8.18.130 False statements by auction crier.
8.18.140 Cappers and boosters prohibited.
8.18.150 Sale of "fill in" articles prohibited.
8.18.160 Penalties.

Prior code history:

1948 C. Ch. 7 1--18; 1960 C. 645.010--645.180.

Editor's note:

1948 C. Ch. 7 19 and Ordinance 46591 have been held unconstitutional, see Hagerman v. City of St. Louis, 283 S.W. 2nd 623 (1955).

V.A.M.S.:

343.010--343.250 Public auctioneers

Cases:

City ordinance making retail auction sale of jewelry unlawful unless owner of stock offered for sale has been in retail jewelry business at location at which sale is to be cried for at least one year and has not conducted auction sale at such location within year is a "special law" and therefore unconstitutional. Hagerman v. City of St. Louis, 283 S.W. 2d 623 (1955).

8.18.010 Definitions.

The following words shall have the meanings respectively ascribed to them in this section:

A. "Auction crier" means an individual who sells or offers to sell by public outcry to the highest bidder any of the property described in subsection C of this section in any building, street, alley or other place in the city whether it is exempt from auction duty or not.

B. "Fill in stock" means merchandise added to the stock on hand with the intention of selling it at public auction.

C. "Public auctioneer" means any person who shall arrange for the disposal of any goods, wares, merchandise, fruits, stocks, bonds and other securities, livestock or other personal property, or any real estate, or interest therein, in any building, or in any of the streets or alleys, or in any other place in the city at public offering to the highest bidder when the bids are called for, either in person or by duly employed and licensed auction criers where any and all persons who choose are permitted to attend and offer bids; or any person who shall advertise as a public auctioneer or in any way hold himself out as a public auctioneer for public patronage or who shall receive fees as a commission for his services as a public auctioneer.

D. "Stock on hand" means any merchandise that a merchant usually and ordinarily carries throughout the year. It does not include merchandise purchased or otherwise acquired especially and purposely for sale at public auction.
(Ord. 58570 2 (part), 1982.)

8.18.020 Public auctioneer--License--Required.

It shall be unlawful for any person to sell, dispose of, or offer for sale at public auction within the city, or cause or permit to be sold, disposed of or offered for sale at public auction within the city, or in any other manner to carry on the business of selling at public auction, any property, whether the same shall be his own property or the property of others, without first complying with the provisions of this chapter and obtaining a license as a public auctioneer, provided, that this section shall not apply to judicial sales or sales made by executors or administrators.

Any person desiring to dispose of any property by public auction shall make a written application to the license collector of the city and incorporate in this application the following particulars:

A. Name and address of applicant; firms, corporations and associations shall give place where organized or incorporated;

B. Length of time applicant has been a resident of Missouri;

C. Length of time applicant has been in business in the city as a licensed public auctioneer, or as a licensed auction crier, or retail or wholesale merchant of any property;

D. Time and place of any public auction sales applicant may have conducted in the city within two years prior to date of application;

E. Names and addresses of persons in applicant's regular employ whom he desires to be licensed as his auction criers;

F. General description of goods, wares and merchandise to be disposed of at public auction, and the name and address of the owner or owners;

G. Streets and numbers where auctions are to be held;

H. Oath or affirmation to the truth of the statements made in the application.

I. That all of the conditions, obligations, and requirements contained in Ordinance 54850, dealing with a written statement issued jointly by the collector of revenue and the license collector concerning payment of personal property and/or earnings tax have been satisfied.
(Ord. 58570 2 (part), 1982.)

8.18.040 Public auctioneer--License prerequisites.

Whenever the applicant has resided in this state six months next preceding the date of application and shall present an application giving the information required, together with such other information as the license collector may require, and shall pay the license fee, the license collector shall issue to the applicant a license to carry on the business of public auctioneer. The license collector may issue a license to any non-resident individual upon application and payment of the appropriate license fees.
(Ord. 58570 2 (part), 1982.)

8.18.050 Public auctioneer--License fees.

Pursuant to Section 343.080 R.S. Mo., as amended, there is hereby levied upon every auctioneer license, a fee as follows:

A. On each license for one month, ten dollars;

B. On each license for three months, twenty dollars;

C. On each license for six months, thirty dollars;

D. On each license for twelve months, fifty dollars.
(Ord. 58570 2 (part), 1982.)

8.18.060 Public auctioneer--License issuance fee.

Pursuant to Section 343.090 R.S. Mo., as amended, there is hereby levied an issuance fee of two dollars on each auctioneer's license delivered. The fee shall be paid into the City's general revenue fund.
(Ord. 58570 2 (part), 1982.)

8.18.070 Auction crier--License required.

No person during the course of any public auction of any property shall act as auction crier and shall sell, offer to sell, ask or solicit bids by public outcry without first obtaining a license as an auction crier; provided, however, that no person shall be licensed as an auction crier except upon the written application of a duly licensed public auctioneer.
(Ord. 58570 2 (part), 1982.)

8.18.080 Auction crier--License application.

Before any license shall be issued to any auction crier, he shall make written application for same to the License Collector, giving his name and address, his business or occupation during the same year preceding his application, and shall make oath or affirmation to the truth of the statements in his application. This application must be signed by the public auctioneer regularly employing such applicant as auction crier.
(Ord. 58570 2 (part), 1982.)

8.18.090 Auction crier--License issuance--Separate.

Whenever any applicant shall present an application to the division under the provisions of Section 8.18.080, signed as required and giving the information above described, together with such other information as the License Collector may require, and pay the license fee, and if the License Collector shall be satisfied as to the applicant's qualifications and moral character, he shall issue to the applicant a license as an auction crier for the public auctioneer signing his application. Any person licensed as an auction crier shall be prohibited from acting as an auction crier for any other public auctioneer without first taking out a new license for that purpose.
(Ord. 58570 2 (part), 1982.)

8.18.100 Auction crier--License fee.

There shall be paid to the License Collector before the delivery of any license issued the following fee:

Auction crier's license . . . . . $10.00

All auction crier's licenses shall be valid for a twelve-month period and shall not be transferable.
(Ord. 58570 2 (part), 1982.)

8.18.110 Standard for issuance or revocation of license.

A public auctioneer's or auction crier's license may be revoked or an application for issuance or renewal of such license may be refused if the License Collector determines sufficient cause after notice and hearing before the license collector. The service of such notice shall not be less than three days prior to the time fixed therein for the hearing. The applicant or licensee against whom such complaint is made shall have an opportunity to be heard in answer to such complaint, and at the time specified in such notice, and to make defense thereto.

Sufficient cause for revocation or non-issuance or renewal of a license shall include:

A. The applicant or licenseholder is not an individual of good moral character and business responsibility; or

B. That the application of the applicant or licenseholder contains any false, fraudulent, or misleading material statement; or

C. That the applicant or licenseholder 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 St. Louis County; or

D. That the applicant or licenseholder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City; or

E. That the applicant or licenseholder has violated any of the statutes of the State of Missouri or the Revised Code of the City relating to auctions or auctioneers; or

F. That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or

G. That the applicant or licenseholder has conducted an auction sale of, or offered for sale at auction, any real or personal property in St. Louis 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. 58570 2 (part), 1982.)

8.18.120 Inspection of property.

The License Collector and/or Police Department may inspect and investigate any part of or all of any property coming within the purview of this chapter either before or after issuing the public auctioneer's license in order to determine the truth of any representation made by the original applicant or any of his auction criers in any application and/or any advertisement of any auction.
(Ord. 58570 2 (part), 1982.)

8.18.130 False statements by auction crier.

No person acting as auction crier shall make any statements which are false in any particular, or which have a tendency to mislead any person present, nor shall he make any misrepresentation as to the quality, quantity, character, present condition, value, cost, general selling price, or as to whether new or secondhand, of any property offered for disposal by auction sale. Further, no person acting as auction crier shall sell or offer for sale any "fill in" article without first stating such fact in a clear, audible tone of voice to all persons present at the auction.
(Ord. 58570 2 (part), 1982.)

8.18.140 Cappers and boosters prohibited.

No person shall act as, nor shall a public auctioneer employ, a by-bidder or what is commonly known as a "capper" or "booster" at any public auction or place where any such auction takes place. No person shall offer to make any false bid or offer any false bid to buy or pretend to buy any such article sold or offered for sale at any such auction.
(Ord. 58570 2 (part), 1982.)

8.18.150 Sale of "fill in" articles prohibited.

No licensee, his agents or employees, shall sell or offer for sale any "fill in" article unless in every advertisement of the auction there is contained a clear and unequivocal statement of the fact that the "fill in" goods and merchandise have been added to the "stock on hand." Such statement shall be in type or writing of equal prominence with each and every other statement of the advertisement.
(Ord. 58570 2 (part), 1982.)

8.18.160 Penalties.

Every person who shall violate any of the provisions of Chapter 8.18 of the Revised Code of the city, as amended, or any of the provisions of Chapter 343 R.S. Mo. 1969, as amended, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than twenty dollars or more than five hundred dollars, and shall thereafter be disqualified from exercising the rights or pursuing the business of an auctioneer for a period of one year from the date of his conviction.
(Ord. 58570 2 (part), 1982.)


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