AUCTIONS

Hollywood, Fla., City Code tit. XI, ch. 116

in effect

Hollywood, Fla., City Code § 116.01 DEFINITIONS.

§ 116.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. LICENSEE. Shall include any individual, any officers or directors of an association or corporate licensee and any partners of a partnership licensee. SECONDHAND GOODS or MERCHANDISE. Shall include any item of personal or tangible property which has been previously owned, leased or used by one or more ultimate consumers. ('72 Code, § 7-8) (Ord. O-89-16, passed 5-3-89)

Hollywood, Fla., City Code § 116.02 LICENSE REQUIRED; APPLICATION.

§ 116.02 LICENSE REQUIRED; APPLICATION. (A) It shall be unlawful for any person, or any agent, servant or employee thereof to hold or conduct a sale by public auction of the types of personal properties set out in this chapter within the city without first having complied with the provisions of this chapter, filing for an application for a license pursuant to this chapter, obtaining a license to hold such sale by public auction pursuant to this chapter. ('72 Code, § 7-3) (B) Every person desiring to hold or conduct a sale of secondhand goods or merchandise as such terms are defined in § 116.01 by public auction within the city shall first file with the License Department of the city a sworn application for a public auction license which shall contain the following information: (1) The names and residences of the applicant, if the applicant is an individual, partnership or firm, or the names of the directors and officers and their residences, if the applicant is an association or corporation. (2) The length of times such applicant has resided at his current residence, his place of previous employment, whether he has ever been convicted of a felony, and if so, what offense, when and in what court. If the applicant is a partnership or corporation then this section shall be applicable to the managing partner(s) and corporate officer(s). (3) The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold, or otherwise handled. (4) The location and address where such business is to be located or carried on. (5) The names and addresses of the auctioneers who shall auction such personal property at the public auction sale. The application shall have impressed thereon the fingerprint record or the photograph of every person connected with the proposed sale by public auction in any way. (6) That the applicant accepts the license, if granted, upon the condition that it will be revoked by the City manager upon conviction of the licensee of any offense enumerated in § 116.04(C). (7) That the applicant accepts the license if granted on the condition that he accepts the right of a city law enforcement officer to inspect his premises in accordance with the terms of § 116.08. (8) A statement of three references or testimonials of good reputation, from parties residing in the city, and three like references or testimonials from persons residing in any other community where the applicant has held or conducted sales by public auction, if any. (C) Upon approval of such application by the City Manager, and as a condition precedent to the granting of a license under this chapter, the applicant shall post surety bond in the principal sum of $5,000 with a corporate surety authorized to do business within the state, to the city, conditioned that the applicant, as licensee hereunder, will pay all losses and damages that may lawfully be claimed and reduced to a judgment at law by any person purchasing merchandise of the types referred to in this chapter from such applicant, as licensee, by reason of misrepresentation of fact, fraudulent representation of fact or material suppression of fact made by such licensee, or his agents, servants or employees in making the sale of such merchandise to the purchaser thereof. ('72 Code, § 7-1) (Ord. 442, passed - - ; Am. Ord. 447, passed - - ; Am. Ord. 608, passed - - ; Am. Ord. O-89-16, passed 5-3-89) Penalty, see § 10.99

Hollywood, Fla., City Code § 116.03 EXEMPTIONS.

§ 116.03 EXEMPTIONS. The provisions of this chapter shall not apply to public auction sales held pursuant to the order of any court of law having jurisdiction within the state, or any auction sale held by any social organization for charitable purposes and objects. ('72 Code, § 7-2) (Ord. 442, passed - - ; Am. Ord. 608, passed - - )

Hollywood, Fla., City Code § 116.04 ISSUANCE OF LICENSE; FEES; PERSONS WHO ARE NOT ELIGIBLE FOR LICENSE.

§ 116.04 ISSUANCE OF LICENSE; FEES; PERSONS WHO ARE NOT ELIGIBLE FOR LICENSE. (A) Every applicant for a license to engage in the business of an auctioneer shall, in accordance with § 116.02, file with the Division of Licensing a written application upon a form prepared and provided by the city, signed by the applicant. The occupational license fee for an auctioneer's license shall be as set forth in § 110.40. (B) Within ten business days after the filing of an application and the approval thereof by the City Manager or his designee, the License Department of the city shall issue a license to the applicant to hold and conduct a sale by public auction of secondhand goods, as defined in § 116.01. (C) No license as auctioneer shall be granted to any person who has been convicted, within ten years of the date of application, of the offense or offenses of theft, larceny, embezzlement, conversion, obtaining money or property by false pretenses, fraud or deception, receiving stolen property, dealing in stolen property, possession of altered property, burglary, or violation of any of the offenses enumerated in F.S. Chapter 812, unless the person has had his civil rights restored. If the licensee is a corporation or an association, the above restrictions apply to all officers and directors thereof. If the licensee is a general or limited partnership, the restrictions apply to each partner. (D) All licenses issued under this section shall be numbered in the order in which they are issued and shall state clearly the location of the business, the date of issuance and expiration of the license, and the name and address of the licensee. Such license shall designate the place of business in or from which the auctioneer receiving the license shall be authorized to carry on such business. Such license is in addition to any other license required by applicable law. (E) The license shall be in effect for a period of one year from its date of issuance unless other-wise revoked by the City Manager. Each application for a license to engage in the business of auctioneer shall be signed and acknowledged before a notary public or other officer authorized to administer oaths. In order to be deemed complete, each application shall include all of the information required by § 116.02. ('72 Code, § 7-4(a) - (d)) (Ord. 442, passed - - ; Am. Ord. O-89-16, passed 5-3-89)

Hollywood, Fla., City Code § 116.05 EMPLOYEES OF LICENSED AUCTIONEER TO MEET CERTAIN STANDARDS.

§ 116.05 EMPLOYEES OF LICENSED AUCTIONEER TO MEET CERTAIN STANDARDS. No person licensed as an auctioneer shall employ any person who has within ten years of the date of employment been convicted of the offense or offenses of theft, larceny, embezzlement, conversion, obtaining money or property by false pretenses, fraud or deception, receiving stolen property, dealing in stolen property, possession of altered property, burglary, or violation of any of the offenses enumerated in F.S. Chapter 812, unless the person has had his civil rights restored. The names and addresses of all employees employed by any entity receiving a license hereunder shall be submitted to the City Police Department within ten business days of employment. ('72 Code, § 7-4(e)) (Ord. 442, passed - - ; Am. Ord. O-89-16, passed 5-3-89) Penalty, see § 10.99

Hollywood, Fla., City Code § 116.06 PROHIBITED ACTS.

§ 116.06 PROHIBITED ACTS. Each of the following acts of omission or commission by an auctioneer or by any of his employees is hereby declared to be unlawful and shall subject the person convicted thereof by a court of competent jurisdiction to the penalties prescribed by § 10.99: (A) Carrying on the business of an auctioneer without a valid license or from any place other than the place designated in the license therefor. (B) Purchasing or otherwise acquiring any merchandise covered by this chapter where the licensee knows or reasonably should know that the person the merchandise was acquired from is under the age of 18 years or a person using a name other than his own. (C) Refusing, denying, or interfering with the lawful inspection of the premises by a police officer of the city at any time. (D) Failing or neglecting to retain on the premises and having available for inspection by a police officer of the city any merchandise covered by this chapter for a period of at least 15 days from and after the date and time that the merchandise has been received. (E) Failing or neglecting to comply with any applicable provision of this chapter. ('72 Code, § 7-5) (Ord. O-89-16, passed 5-3-89) Penalty, see § 10.99

Hollywood, Fla., City Code § 116.07 RECORDKEEPING.

§ 116.07 RECORDKEEPING. (A) Every auction dealer or auctioneer shall keep a record and ledger of acquisitions of all secondhand goods received. The record and ledger shall be clearly and legibly written in ink in the English language at the time of each purchase or other method of acquisition and shall contain an accurate and true description of each item of merchandise, the amount of money paid or given therefor, the date and time of the acquisition of such merchandise by the auctioneer, the true name of the person dealt with, as nearly as known, such person's signature, place of residence, race, sex, age, height, build, color of hair, color of eyes, complexion, home telephone number, business telephone number, and reasonable proof of identification, as well as a photograph or thumb print of the person. The record shall contain the type of identification exhibited, the issuing agency and the number thereon. No entry made in such record shall be erased, obliterated or defaced. (B) It shall be the duty of every auctioneer to make immediately available to the Police Department, legible, complete and correct records and ledgers showing the acquisition of any secondhand goods covered by this chapter. ('72 Code, § 7-6) (Ord. O-89-16, passed 5-3-89) Penalty, see § 10.99

Hollywood, Fla., City Code § 116.08 INSPECTIONS.

§ 116.08 INSPECTIONS. Any law enforcement officer of the city shall have the right to inspect the premises of any auctioneer operating in the city during normal business hours for the purpose of locating stolen secondhand goods or inspecting the records required to be kept by this chapter. ('72 Code, § 7-7) (Ord. O-89-16, passed 5-3-89)

Source: City of Hollywood, Florida, Code of Ordinances, Charter and Zoning and Land Development Regulations (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/hollywood/latest/hollywood_fl/0-0-0-43654Fetched: 11/8/2026