Ord G-266(24-57) ORDINANCE NO. G-266.
AN' 0RDIT~ANCE 0F THE CITY COUN-
CIL OF THE CITY OF DELRAY BEACH,
FLORIDA, REGULAT~'G AUCTIONS
AUCTIONEERS; ~QUIRiN~ PERSONS
CONDUCTiN'G AUCTIONS TO OBTAIN A
LICenSE; ~D PRESCRIB~G P~ALTIES
FOR VIO~TI0~S OF ITS PROViSiONS.
BE IT 0RDA~ BY T~ CO~CiL OF THE CITY 0F DE~Y
B~CH:
Section 1. D~ITION.S. When used ~ this
~!ess the contexb :~th~iS~ requires:
(1) The te~s "sell at auction", "sale at auction",
"sell at public auction" and "auction sales" ~d terms of s~il-
ar ~port shall ~clude not only such sales as are cons~ted
on conclusion of the bidding but also offers to sell. at auction
~d sales or offers to sell at auction which ~e ~nditioned for
~y reason, on the approval or election by the buyer or seller,
or both, to be exercised at a later time or date.
(2) The terms "person" or "applic~t" or "licensee"
are hereby decl~ed to include any ~dividual or individuals~
co-p~tners, corporations or associations; wherever a statement
or act is required to be made or done by a corporation the s~e
shall bs,~fected by its duly authorized officers; the use of
the s~g~lar shall be deemed to include the pl~al, as well;
the mascul~e shall be deemed to apply also to ~e
Section 2. SCOPE. It shall be ~law~l for ~y person
to b~ engaged in the bus.ess of selling at public auction, or
employ or be ~ auctioneer of diamonds, or ~y other precious or
Semi-precious stones, or imitations thereof, watches, clocks,
Jewelry, and gold, silver or plated w~e, ~less said p~rson
shall have ~ effective ~expired ~d ~evoked license author-
iz~g the s~e, and each such auctioneer shall ~ve a license
or permit, all issued pursuit to and ~der t~ provisions of
this 0rd~ce. This Chapter shall be applicable to all auction
sales of said types of goods; however, noth~g in this chapter
shall be const~ed to apply to ~y co--on carrier or public ware-
housem~ sell~g ~claimed or %mdelivered freight or goods where
the smue is held for freight or storage charges, or to apply to
~y sale made ~der the laws of the United States, the State of
Florida or the city requiring or permitting ~y property to be
sold at public auction.
Section 3, iSSUAECE ~D R~JOCATi~ 0F LiC~SE.
(a) The tax assessor is hereby authorized to gr~t,
or renew, ~ auctioneer's license for a period of time not e~ceed-
ing one year to ~y person applying therefor on a form to be pro-
vided by tax ~ssessor upon payment by the applic~t of the fees
provided for in Chapter 16 of the Code of Ordinar~ces of Delray
Beach, ~d the fil~g by the applicant of the bond required by
Section ~ of this ord~ce.
(b) The form on which application shall be made for
an auctioneer's license shall require the follow~g ~formation:
(1) N~e of applic~t.
(2) Residence ~d bus.ess ad.ess of the applic~t.
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(3)The length of time for which an auctioneer's
license is desired. .
(4) A statement as to whether or not the applicant
holds, or has held an auctioneer's license from
any state, municipality, governing body or licens-
ing authority; a list of such licenses and a
statement of the time, place and by whom issued;
a statement as to whether any state, municipality,
governing body or licensing authority has ever
refused to issue or to renew an auctioneer's
license to the applicant together with a full
and accurate statement as to the reasons for any
such refusal; and a statement as to whether any
state~ municipality, governing body or licensing
authority has ever revoked an auctioneer's license
held by the applicant together with ~ full and
accurate statement as to the reasons for any such
revocat ion.
(~) A statement as to whethe~r 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 punist~uent
or penalty assessed therefor~
(6) A photograph of the applicant, taken within 60
days immediately prior to the date of the filing
of the application~ which picture shall be 2" by 2"
showing the head and shoulders of the applicant
in a clear and distinguishing manner, except that
tax assessor may waive this requirement with respect
to an application for renewal of an auctioneer's
license by an individual holding an unexpired
auctioneer' s license issued under this ordinance
who has in. a previous application under this
ordinance complied with this requdrement.
(7) The fingerprints of the applicant and the names of
at least two reliable property owners of Delray
Beach, Florida, who will certify as to the applicant's
good moral character and ~usiness responsibility, or
in lieu of the names of references, any other avail-
able evidence as to the good moral character and
business responsibility of the applicant as will
enable an investigator to properly evaluate such
moral character and business responsibility, except
that tax assessor may waive this requirement with
respect to an application for renewal of an auction-
eer's license by any individual holding an unexpired
auctioneer's license issued under this ordinance
who has in a previous application under this ordinance
complied with this requirement.
(c) Before issuing an auctioneer's license to any indivi-
dual applying therefor, the tax assessor shall refer the applica-
tion to the City Manager who shall cause to be made such investi-
gation of the applicant's moral character and business responsibil-
ity as he deems necessary for the protection of the public good,
except that City Manager may waive this requirement with respect
to au application for renewal of an auctioneer's license by any
individual holding an unexpired auctioneer's license issued under
this ordinance if an investigation of such applicant's moral
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character and business responsibility has previously been made
under this section in connection with a prior application for
an auctioneer's license under this ordinance. The City Manager
shall cause the investigation herein provided for to be made
within a reasonable time and shall certify to tax assessor
whether or not the moral character and business responsibility
of the applicant is satisfactory.
(d) An auctioneer's license may be revoked by City
Manager, or an application for issuance or renewal of such
license may be refused by City Manager, 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 mis-
leading material statement; or
(3) That the applicant or license-holder has made any
false, fraudulent, or misleading material state-
ment in the course of conducting an auction sale
of, or in offering for sale at auction, any real
or personal property (goods, wares, or merchandisel
in the City of Delray Beach; or
(~) That the applicant or license-holder has perpetrated
a fraud upon any person whether or not such fraud
was perpetrated in the conduct of an auction in
the City of Delray Beach; or
(5) That the applicant or license-holder has violated
any of the statutes of the State of Florida relat-
ing to auctions or auctioneers; or
(6) That the applicant has been convicted of any crime
or misdemeanor involving moral turpitude; or
(7) That the applicant or license-holder has conducted
an auction sale of~ or offered for sale at auction,
any real or personal property (goods, wares, or
merchandise) in the City of Delray Beach 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.
(e) Notice of the hearing provided for in sub-paragraph
(d) above shall be given in writing to the applicant or license-
holder as the case may be. Such notice shall be mailed, postage
prepaid, to the applicant or license-holder as the case may be
at his last known address at least five days prior to the date
set for hearing. The applicant or license-holder as the case
may be shall have the right to be represented at such hearing by
counsel.
(f) Any individual aggrieved by the action of City
Manager 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 Delr~ Beach. Such appeal shall
be taken by filing with the Council, or person designated by it,
within fourteen days after notice of the action complained of has
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been mailed, postage prepaid, to such individual's last known
address, a written statement setting forth Dully the grounds of
appeal. The Council shall set a time and place for a hearing
of such appeal and notice of such h~aring shall be given to the
appellant in the same manner as provided in sub-paragraph (e)
above. The appellant shall have the right to be represented at
such hearing by counsel. The decision and order of the Council
on such appeal shall be final and conclusive.
~ LICENSE ~ES. The fees for an auctioneer's
license shall be as proVi'd6d ix Chapter 16, Code of ordinances
of Delray Beach.
Section ~. BOND REQUIRED. The tax assessor shall,
as a condition precedent to the granting of the license to engage
in the auction business, require the applicant to enter into a
bond to t~e City of Delray Beach, executed by a Surety Company
duly authorized to do business under the laws of the State of
Florida; said bond to be approved by the City Mana~er of t~me
City of Delray Beach, and to be in the sum of ~ ~0~000.0~ con-
ditioned for the due observance of all such ordinances of the
City of Delray Beach, as are in force or my be passed respecting
the conduct or operation of the auction business, at any time
during the continuance of such business, for the performance
of all duties, the rendition of all accounts and payment of all
moneys required by law to be paid, and also conditioned for the
payment to az~y person who shall be defrauded or suffer loss by
reason of the violation by such auction business owner or any
employee thereof o& any of tl~e provisions of this ordinance, or
State law, or any other ordinance that may hereafter be required.
Said bond shall be for the protection of persons and property,
and for the preservation of the safety and property of the munici-
pality and its inhabitants, and as may now or hereafter be re-
quired by any State law or r~unicipal ordinance or regulation.
Section 6_________.__t. LOCATION. The license required by Section
2 of this chapter shall specify the location within the city at
w~JJ~ich such auction is to be conducted a~d it shall be unls. wful
for any licensee, his agent, servant or employee to conduct any
such auction any place within the
c~j other than that specified
in such license or without having first paid such license fee
and obtained such license,
Section 7. HOURS. It shall be unlawful for any licensee,
his agent, servant, or ~uployee to conduct any such auction sale
o~c is mentioned in Section 2 of this chapter between the hours
of 6:00 P.M. and 8:00 A.M., or on Sundays, providing, however,
that conditional or provisional sales as provided in Section
of this chapter may be conducted to the hour of ll:~0 P.M. on
week-days.
Section 8. RECORDS REQUIRED. Every individual or
corporation operating a public auction business shall keep books
in which shall be described and inventoried in a clear, legible
manner, all goo~s received at such establishment; the date of
receipt; the name and place of business of the person or concern
on whose account they are to be sold; the cost price to the
licensee if purchased by him or consigned to him for purposes
of sale, togethsr with the name and address of the vendor, the
names and addresses of the purchasers at the auction; the dates
sold and the prices paid by the said pur~l~asers, togeth~.r with a
description ol~ each article so sold. Said books shall be open
to inspection, at all times, by the licensing authority or its
duly authorized enforcement officers only.
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Section 9. MERC~DISE-T ,A~ required to be attached;
informa t i on re qu i~rYd.
(a) No person shall sell at public auction any of
the classes of articles specified in Section 2 hereof unless
at the time the article is offered for sale at auction ti~ere
is securely attached to each such article or a container pro-
vided for it, a tag or other label upon which shall be plain-
ly written or printed in the English language a true and correct
statement of the kind and nature of the material of which such
article is made or composed, and the percentage of karat of
purity of such material or metal; and in case such articles are
plated or overlaid, then such tag or label shall contain a true
statement of the kind plate and the percentage of such plating
and the kind of material or metal covered; and when precious
or semi-precious stones are so offered for sale such written
statement shall set forth tho true name, weight, quality and
fineness of such stones, a~d imitations shall be described in
such writi~ag as such; and when watches or clocks are so offered
for sale, the true name of the manufacturer shall be stated in
such writing, and if sn~ part or parts of the mowements or
mechanism of such watches and clocks shall be substituted the
tag or label shall so state; neither shall second-hand, old or
used watch or clock movements bo so offered for sale in new
cases without a true stateme~.~t on the tag or label to that
effect; nor shall watches be so offered for sale in different
cases or attached to dlffe?ent bracelets than those furnished
by the -manufacturer for each sucl~ article, without a true state-
merit on the tag or label tO that effect.
(b) In case tho auctioneer offering for sale at
auction s~uyof the articles described in Section 2 hereof shall,
at s~y time prior to the completed sale of the same, state the
value of the article, sGck stated value shall be evidenced in
writing on the tag or label delivered to the purchaser as is
hereinafter provided for such delivery, or it shall be stated
in writing in the manner aforesaid on a sales ticket or other
meraorandum of sale delivered to the purchaser immediately after
the successful s~%d final bid on thc article is made.
(c) Such tag or label referred to above shall remain
securely attached in the ma~uuer above provided and shall be
delivered to the purchaser at th~ t~e of the d~livery of the
article purchased as a true and correct description and represent-
ation of such article or articles sold conditionally or absol-
utely and it and the stated value memorandum shall be deemed
prima facie evidence of intent to defra-~d the purchaser thereof
in case any such written state~,~ent on such tag or label or stated
value memorandum is nob true.
(d) Each tag or label referred to above shall be
nLunbered.
Section 10~, CONDiTi0~S. It shall be unlawful for
any licensee, his agent, servant or e;~ployee to do the following:
(a) To accept anything other than bona fide bids; and
said auction sales are to be so conducted as to dispose of mer-
chandise to the highest bidder.
(b) For s~y auctioneer, in describing goods that are
being auctioned, to directly or indirectly, by verbal or written
statement, or advertisement, make an~ false representations as
to the character, quality, condition, value or ownership of said
goods, or falsely represent that such goods, are in whole or
in part, bankrupt or insolvent stock, or 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 of Florida and
City of Delray Beache
(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 exchar~e shall be sold by public outcry at a regularly con-
ducted auction sale.
(e) To sell watches or clocks with new cases but with
old works, or to reprove or substitute works or any parts, or to
sell second-hand goods for new, unless the auctioneer, before
offering such articles for sale, shall clearly state such sub-
stitution, removal, or that such articles are used or second-hande
(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 or her personal desire to
obtain the article by clearly indicated bide
(g) For an auctioneer to refuse at any time to identify
the last bidder to a duly authorized enforcement officer of the
munic ip ality.
(h) For any person holdir~g an auction license to use
or employ an individual as an auctioneer, if said auctioneer
has not obtained an auctioneer's license us provided for by this
ordinance.
(i)~00ffer more than one article at any one time unless
so offered prior to the initial bide
(j)~Represent article to be guaranteed by the manu-
facturer or the owner unless manufacturer's or owner's guarantee
acco~oanies the articlee
(k) When an auctioneer has a number of the same kind
of articlos 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 openir~~ the sale of the
first articlee
(1)~Offer an article in a carton, package or other
container commonly known as a blind article unless prior to
offer it is annou~ced that the highest bidder may reject article
if not satisfactory to him. (Does not refer to an auction of
articles in bulk where a sample is displayed and balance of
articles are represented to conform with sample)~
(m)~$ Use a loudspeaker outlet located within ten feet
of any entrance or exit or which is beamed in any direction
except away from said entrance or exit. In any event loudspeaker
apparatus must not attract attention from outside auction premisese
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(n)~0 Accept as an exchange any article knocked down
to a successful bidder. The article knocked down must be de-
livered to the bidder or, if the auctioneer is willing and at
the bidder's election, the purchase price refunded in fulle
No other article may be offered to said bidder as a substitute
or replacement. Such rel~und shall take place within 30 days or
may be applied as part payment or payment for any other article
purchased at auction by the same biddere
(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.
Section ll. It shall be unlawful for any auctioneer
to engage in what '~ commonly called "barking", bally-hoeing",
"ringing of bell" or the use of any other noisy device, or
entertair~uent of any kind to attract the attention of the people
passing the place where the auction is being conducted, to enter
the place of business. No auctioneer shall cry or call bids
or solicit business by any means whatsoever, unless he be stand-
ing at least twenty (20) feet from the sidewalk entrance to the
establishment.
Section 12. It shall be unlawful for any auctioneer
to use or employ, or permit to be used ox employed, what is
co~only! called aS "capper" or "shill" or fake bidders.
Section 13~ CONDITIONAL OR PROVISIONAL SALES. All
public auctions of items provided in ~ection ~2 of this chapter
sold after 6:00 P.M. conditionally or provisionally shall be
sold upon the following ter~s and conditions:
(a) The auctioneer will infor~,~ and advise all pros-
pective or potential purchasers, prior to offering any article
for sale, of the conditions or provisions subject to w~zich any
proposal or offer to buy such article is to be accepted by the
auc t lone er.
(b) All auctioneers shall permanently display at all
thues in their place of business, a notice, sign, or bulletin
in and by which prospective or potential purchasers shall be
effectively and adequately infor~ed and advised of the a~ctioneer's
methods of doing business.
(c) All auctioneers shall flemish and deliver to each
prospective or potential purchaser, whose conditionaI or provisional
proposal or offer to buy any article offered for s~lc~ b~~ the
auctioneer shall have been ~ccepted, of an article sold for fifty
dollars or ~,~ore, or upon request, regardless of sale price, m
written or printed mez~ors~nd~un in and by w~ich the auctioneers
shall legally and effectively bind themselves contractually to
refund to the purchaser the full ~ount of any money conditionally
or provisionally paid as, or on account of, the purchase price of
the article if and in the event the purchaser, at any time within
~thirty days after tke submission of such conditional or provisional
proposal or off~r to buy, with or without the assig~nuent of any
reason or e~cuse for doing so, shall re-deliver such article to
the auctioneer and reque~t such refund.
Section l~ .LICENSE AGREE~&~2~T. Any application for a
license or peri, it un-der the terms of this ordinance and the accept-
ance of such license or permit shall be taken as an agree~uent by
tl~e license~or per~ittoe to abide by all the terms ~ud provisions
of this ordinance, and to be bound thereby.
Section ~. The City Manager may, upon his own motion,
or upon the complaint~ in writing, of any person, investigate the
actions of any licensee; and said City Manager, as ~oresaid
shall have the power to suspend, for the unshAred portion o~ the
license period~ or for a period less than the une~ired portion of
the licensed period~ or to revoke any license issued under the pro-
visions of this ordinance, where the licensee, in performing or
attempting to perform any of the acts mentioned herein, is deemed
to be guilty of: (a) making any false promise or misrepresentation;
(b) pursuing a flagrant and continued course of misrepresentation or
the making of false promises through agents, salesmen, advertisements
or otherwise; (c) failure to account for or to pay over any moneys
belonging to others, coming into the possession of the licensee; (d)
any conduct which demonstrates unworthiness, incompetency, bad faith
dishonesty; or (4) for the violation of any of be provisions of this
ordinance.
Section 16. In addition to any penalty herein provided,
any person, whether seller or auctioneer, auctioneerts helper or
assistant, false bidder or "capper", or owner or owners of any stock
of goods so offered for sale, convicted by the Municipal Court of
Delray Beach for the violation of any provision of this ordinance,
shall upon conviction thereof, for each offense, be punished by a
fine not to exceed Five Hundred Dollars ($~00.00) or ninety days
imprisonment in the City Jail, or both.
Sectig~ l?. If any provision of this ordinance is declared
or held to b~e'~stitutional, no other portion of the ordinance
shall be affected thereby, but the unconstitutional provision shall
be exscinded; and the remaining provisions of this ordinance shall
continue in force.
Section 18. All ordinances or parts of ordinances in-
consistent ~ith "t~ terms of this ordinance be and the sa~e are
hereby repealed to the extent of such inconsistencies.
//
PASSED AND ADOPTED this ~~day of~ ,
A.D., 19~7. ~ c~,'~~'"~ .......
M~Y 0 R
ATTEST:
First Rea ding ,,, ...........
Second Reading
PASSED & ADOPTED
When this ordinsnce wa~ being drafted by the u~d,e~'+-
i. ve as posslble~ au,f: ,~:~, the time al!owed d~tait~
fore~ t~ followhug hlte~=Tretation ~y appear oppost$
to the express words contained in the ordinance; how-
eve~, it is ar~ ~:~presslon of the i~Its of the ~nicip-
altty's re~latory (police) powers.
As applie~ to t?~e specific provision above, p~ize ~d
gift drawings by lot are within the ~nicipal powe~
to re,late ~d prohibit. But, generally, the ge~mal
welfare clause ~s been held not to autaorize ~ o~di-
n~oe forbidding merchants ~d dealers in ~c~d~s~
of any k~d from off~r~ gifts to induce t~ade (~il-
~erefo~e, ~he giving of gifts ~o everyone ~o attitude
is ~t illegal. However, a prime drawi~ i~ covemed
~ above ordin~ce.
Yotu~s very tx-uly,
HTN:pk
The
Delray Beach Journal
Published
Phone 5274 W'ee~y P.O. Box 532
Delray Beach, Palm Beach County, Florida.
VERIFICATION OF LEGAL
PUBLICATION
Herewith copy of legal notice re:
which first appeared in the JOURNAL
This notice is scheduled +o appear
If any error is nof~ pl~se call us
before ,rte next publlcafion da~e.
The cost ~n this instance will be~'..~
co~ect~o~ ~tposes.
T~ ~ NOT A ~