§ 9-95. Auctions.

(a)

License required. Each person who desires to conduct an auction within the City shall be required to obtain a license therefor from the City Clerk in the manner specified in this chapter.

(b)

Fee established. The business license fee for each auction licensed under this section shall be as set by the City Council.

(c)

Application. An application for a license under this section shall be made as provided in section 9-21, except that such application shall contain the following additional information:

(1)

A statement setting forth when, where, and for how long the auction sale will be conducted;

(2)

A certified copy of the State auctioneer's license of the person who is to conduct the auction; and

(3)

A full and true inventory of all the articles to be sold at the auction sale, together with an affidavit that all information contained in the application is true and that the inventory contains a true listing of all the articles to be sold at said auction.

(d)

Restrictions on sale. No auction sale shall be held except as set forth in the application and affidavit and no other articles shall be sold except those included in the sworn inventory unless a new affidavit shall be filed listing additional goods to be sold. No other person shall be allowed to conduct the auction sale except such person listed in the affidavit unless a new affidavit is filed setting forth such other person who may be employed to conduct such auction and cry off such goods.

(e)

Bond. Every applicant for a license under this section shall file with the City Clerk a surety bond running to the City in the amount prescribed by the City Council, with surety acceptable to and approved by the City Clerk, conditioned that the applicant, if issued a license hereunder, will comply fully with all of the provisions of the ordinances of the City and the statutes of the State regulating and concerning auctions and auctioneers, will render true and strict accounts of all his sales to any 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 that conforms to the above requirements may be permitted by the City Clerk in his discretion in lieu of a bond.

(f)

Cappers, boosters, or by-bidders. It shall be unlawful for any person to act or to employ another in any auction sale as a by-bidder or what is sometimes known as a capper or booster, or to make or to accept any false or misleading bid, or to pretend to buy or sell any article sold or offered for sale at such auction.

(g)

Exemptions. Nothing in this section shall be held to apply 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.

(Code 1978, § 9-80)

State law reference

Auctions and auctioneers, O.C.G.A. § 43-6-1 et seq.