§ 115.35. ENUMERATION OF CERTAIN PROHIBITED ACTS.

It shall be unlawful for any licensee, his agent, servant or employee to do the following:

(A)

To accept anything other than bona fide bids; and auction sales are to be so conducted as to dispose of merchandise to the highest bidder.

(B)

For any auctioneer, in describing goods that are being auctioned, to directly or indirectly, by verbal or written statement, or advertisement, make any false representations as to the character, quality, condition, value or ownership of the goods, or falsely represent that the goods are in whole or in part bankrupt or insolvent stock, damaged goods or goods saved from fire, or to in any way or manner violate any of the provisions of the laws of the State and the City.

(C)

For any auctioneer, Clerk, helper, owner, agent or employee to give, award, bestow or deliver any gift, prize or premium to any person attending any auction sale, regardless of the manner or method used therein.

(D)

To switch, fob or exchange any article sold to a customer at public auction, unless the article to be given in exchange shall be sold by public outcry at a regularly conducted auction sale.

(E)

To sell watches or clocks with new cases but with old works, or to remove or substitute works or any parts, or to sell secondhand goods for new, unless the auctioneer, before offering the articles for sale, shall clearly State the substitution, removal or that the articles are used or secondhand.

(F)

For an auctioneer to improperly urge, persuade or force, in any manner whatsoever, the purchaser to bid for special reasons or any purpose other than his personal desire to obtain the article by clearly indicated bid.

(G)

For an auctioneer to refuse at any time to identify the last bidder to a duly authorized enforcement officer of the municipality.

(H)

For any person holding an auction license to use or employ an individual as an auctioneer, if the auctioneer has not obtained an auctioneer's license as provided for by this Chapter.

(I)

To offer more than one article at any one time unless so offered prior to the initial bid.

(J)

To represent an article to be guaranteed by the manufacturer or the owner unless manufacturer's or owner's guarantee accompanies the article.

(K)

When an auctioneer has a number of the same kind of articles to be sold and wishes to dispose of each of them at the amount at which the first is sold, he shall make an announcement to that effect prior to opening the sale of the first article.

(L)

To offer an article in a carton, package or other container commonly known as a blind article unless prior to offer it is announced that the highest bidder may reject the article if not satisfactory to him. This does not refer to an auction of articles in bulk where a sample is displayed and the balance of articles are represented to conform with sample.

(M)

To use a loudspeaker outlet located within ten (10) feet of any entrance or exit or which is beamed in any direction except away from the entrance or exit. In any event, loudspeaker apparatus must not attract attention from outside auction premises.

(N)

To accept as an exchange any article knocked down to a successful bidder. The articles knocked down must be delivered to the bidder or, if the auctioneer is willing and at the bidder's election, the purchase price refunded in full. No other article may be offered to the bidder as a substitute or replacement. The refund shall take place within thirty (30) days or may be applied as part payment or payment for any other article purchased at auction by the same bidder.

(O)

To use window signs or posters or other forms of advertising media which shall in any way misrepresent the source or quality of the merchandise to be sold.

(Code 1980, § 6-17)

Cross reference

Penalty, § 115.99.