3-8A-4: APPLICATION FOR LICENSE; BOND, FEE:

Any person qualified to hold a closing out or pawnbroker auction as in this article provided, shall file with the Clerk, at least sixty (60) days prior to the opening day of such auction, a written application under oath for a license so to do, showing:

   A.   Proof Of Term Of Business: The person has been continuously engaged in business in the City as a retail and/or wholesale merchant for the sale of jewelry or as a "pawnbroker", as defined by chapter 7 of this title, for a period of three (3) years next preceding such application;

   B.   Term Of Ownership: The applicant, at the time of making such application, has owned the goods to be auctioned for a period of six (6) months prior thereto, or that the articles to be auctioned were bona fide received and dealt with as pawned or pledged articles by the applicant as a pawnbroker in the City, in accordance with law, and that the redemption period therefor ended one month or more prior to the application;

   C.   Continuous Business At Same Premises: The applicant, for a period of one year immediately preceding such application, has been continuously engaged in the jewelry or pawnbroker business upon the same premises where the auction is proposed to be held;

   D.   Prior Auctions: No auction has been held by the applicant, or by any copartnership, association or corporation, and no auction license has been issued for any auction to any of the above named, or a predecessor thereof, in any capacity in any place in the City at any time within three (3) years in the case of closing out auctions, or within one year in the case of pawnbroker auctions, next preceding the closing date of such proposed auction;

   E.   Bond: The applicant tenders with the application a good and sufficient bond in the sum of two thousand five hundred dollars ($2,500.00), conditioned for the observance of the provisions of this article and for the indemnification, including a reasonable attorney fee, of any purchaser at such auction suffering loss by reason of fraud or misrepresentation, or other violation of this article, in the sale of any article described in section 3-8A-3 of this article, and as assurance to the City that said applicant will pay the sums due as license fees and as indemnity to the City and as indemnity to any and all persons, in any manner, who sustain monetary loss in any contractual or other relation as a result of the conduct of said auction;

   F.   Good Faith Retirement: The applicant intends in good faith to retire from business at the close of such auction, or to dispose of no articles described in section 3-8A-3 of this article, except such as are bona fide unredeemed pledged or pawned articles as herein provided;

   G.   Auction Conducted By: The auction shall be conducted by and the auctioneering carried on by the actual owner, manager or officer of the applicant, who shall have been such owner, manager or officer for a period of at least one year prior to such auction sale, or by an auctioneer, giving his name and address and the terms other than the amount of compensation of his contract or agreement for such auction;

   H.   Dates; Place: The dates and place when and where such auction will be conducted, which dates must be within the times specified in this article;

   I.   Sale By Auctioneer: If the sale is to be by an auctioneer, the application for the auction shall be accompanied by an application for a closing out or pawnbroker auctioneer's license, and such auctioneer's daily nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk's license fee schedule. The form of application for either a closing out or pawnbroker auctioneer's license shall be furnished by the Clerk, which form shall be signed in the applicant's handwriting and shall show the name, age, place of residence, length of time the applicant has resided in the State. Upon receipt of such application, and the bond, and the notarized true copy of the inventory, hereinafter provided for in section 3-8A-5 of this article, the Clerk may issue such license, specifying the class thereof and the date therefor, which dates must be within the times herein provided. (1952 Code § 5-17-06)