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AUCTIONEERS AND AUCTION SALES

North Las Vegas Municipal Code tit. 5, ch. 5.08
in effect

North Las Vegas Municipal Code § 5.08.010 Definitions.

5.08.010 - Definitions. For the purpose of this chapter, the definitions in this section shall apply. "Auction sale" means a sale of property by public outcry to the highest bidder. "Auctioneer" means any person who shall, by public outcry, sell or offer to sell to the highest bidder at public offering, when bids are called for, any goods, wares, merchandise, livestock, vehicles, fruits, stocks, bonds and other securities, or any personal property of whatsoever nature, or any real estate or interest therein, at any store, stand or other place within the incorporated limits of the city of North Las Vegas, where any and all persons who choose so to do are permitted to attend and offer bids or any person who shall advertise or in any other manner hold himself out as an auctioneer for public patronage, or receive fees or other compensation for services as such. "Jewelry" means any goods, wares, and merchandise customarily kept in retail jewelry stores for sale, including, but not limited to, precious and semi-precious stones, and imitations thereof, whether sold or offered for sale with or without settings, watches, clocks, rings, bracelets, articles made in whole or in part of gold, silver, platinum or other precious or semi-precious metals, whether solid, plated or overlaid; and, in addition thereto, shall also include glassware, leather goods, china, porcelain, and art objects. "Property" means real property and personal property of whatsoever nature. (Prior code §§ 3.40.010—3.40.050)

North Las Vegas Municipal Code § 5.08.020 Permit required.

5.08.020 - Permit required. It is unlawful for any person to advertise for disposal, offer for sale, dispose of, or sell, or to cause or permit to be advertised for disposal, offered for sale, disposed of, or sold, at public auction within the incorporated limits of the city, or in any manner carry on or conduct, or cause or permit to be carried on or conducted, within the incorporated limits of the city, a public auction of any property, whether the same shall be his own property or the property of others, without first complying with the provisions of this chapter and obtaining a permit so to do as herein provided; provided, that no permit shall be granted to any person unless he has been a resident of the city for at least one year next preceding the filing of his application for such permit; and provided further, that no permit shall be granted to carry on or conduct an auction sale of jewelry as herein defined, unless such jewelry is the stock in trade of a merchant who has been, for a period of at least one year next preceding the filing of the application for such permit, continuously engaged in the business of selling such jewelry at retail or wholesale only, in the incorporated limits of the city, and is disposing in good faith of his stock for the purpose of retiring from business. (Ord. 1179 § 4, 1996; prior code § 3.40.060)

North Las Vegas Municipal Code § 5.08.030 Application for permit.

5.08.030 - Application for permit. A. All applications for permits required by this chapter shall be filed with the director of finance and/or the city treasurer or any other person so designated by the city manager by the person who as auctioneer will carry on or conduct any auction sale, addressed to the city council, not less than twenty (20) days nor more than forty (40) days before the date of the commencement of any auction sale, on forms furnished by the director of finance and/or the city treasurer or any other person so designated by the city manager, and each application shall be accompanied by a fee of forty dollars ($40.00), no part of which may be refunded to the applicant. All such applications shall be verified and shall set forth the following information: 1. The name and address of applicant; 2. Length of time applicant has been engaged in business within the incorporated limits of the city; 3. Length of time applicant has been a resident of the city; 4. Time and place of any auction sale applicant may have conducted in the city or elsewhere within one year prior to the date of application; 5. The location of the place where the auction sale will be conducted; 6. The length of time for which the permit is desired and the date when the applicant desires to commence said auction; 7. The name and address of the owner of the property proposed to be sold at said auction; 8. If the property proposed to be sold at said auction is jewelry, as herein defined, whether the owner thereof has been, for a period of at least one year next preceding the filing of the application, continuously engaged within the incorporated limits of the city, in the business of selling such jewelry at retail or wholesale only, whether such jewelry is the stock in trade of such owner in said business, and whether such owner is disposing of his stock at said auction for the purpose of retiring from business. The applicant shall also furnish satisfactory evidence that the jewelry proposed to be sold is a bona fide part of the owner's stock in trade, and they were not secured, purchased or brought into the owner's place of business for or in anticipation of said sale; 9. If the property proposed to be sold at said auction is jewelry, as herein defined, an inventory of the same, prepared as follows: a. Each item shall be listed separately, except that items which are to be sold as a set, or together, may be listed together as a single item. Any property so listed may not be sold otherwise than together as listed. Items, or sets, or groups of items listed shall be separately and consecutively numbered, beginning with the number "one." b. Following the name of each article, and upon the same line or immediately beneath it, shall be: 1. A description of the article, giving the name of the manufacturer, if known, the manufacturer's number, if any, the name, size or weight of any precious or semi-precious stones or imitations thereof, the kind of metal, the grade or fineness thereof used in said article, together with such other and further information as shall reasonably tend to inform persons examining the inventory of the nature and quality of the articles listed and to identify the same; and 2. The wholesale or invoice values thereof. (Prior code § 3.40.070)

North Las Vegas Municipal Code § 5.08.040 Permit fee and bond required.

5.08.040 - Permit fee and bond required. No permit, as required by this chapter, shall be granted unless the applicant therefor shall have first paid to the director of finance and/or the city treasurer or any other person so designated by the city manager at the time of filing his application the fee prescribed herein, and unless there shall first be filed by or in behalf and on the part of said applicant with the director of finance and/or the city treasurer or any other person so designated by the city manager at the time of filing his application, or at such time thereafter as the city council may allow, a bond executed to the city by a surety company duly authorized so to do and authorized to do business in the state of Nevada, to be approved by the city council. Said bond, in form, must be joint and several, and the penalty thereof, where the property proposed to be sold is jewelry, as herein defined, must be a sum equal to one percent of the total invoice or wholesale value of the articles listed in the inventory, but not less than two thousand dollars ($2,000.00), nor more than five thousand dollars ($5,000.00) in any event, and the penalty thereof, where the property proposed to be sold is other than jewelry, must be two thousand dollars ($2,000.00). Said bond must be conditioned to be paid to the city, or to any person suffering injury by reason of any violation of the provisions of this chapter, and that the principal therein named will faithfully conform to each and all of the rules and regulations prescribed by the city council for the conduct of auction sales and the business of auctioneers and will abide by and conform to this chapter and each ordinance of the city, whether then in force or thereafter adopted. Said bond shall not be void upon the first recovery, but may be sued and recovered upon from time to time by any persons aggrieved, in his own name, until the whole penalty is exhausted. (Prior code § 3.40.080)

North Las Vegas Municipal Code § 5.08.050 Permit—Investigation—Issuance—Denial.

5.08.050 - Permit—Investigation—Issuance—Denial. The director of finance and/or the city treasurer or any other person so designated by the city manager shall investigate and report to the city council within ten (10) days from receipt of said application, as to the character of the applicant, whether the place where said sale is proposed to be conducted is a proper place for such sale, whether the proposed sale is to be conducted in good faith, and whether the articles proposed to be sold, if the same is jewelry, as herein defined, are properly described, labeled or tagged, and the council shall order and permit to be issued by the director of finance and/or the city treasurer or any other person so designated by the city manager to the applicant unless the council shall find that the conduct of such sale at the time and place, or by the applicant, will be against public interest, or tend to result in defrauding the public, or that any false statement in the application was knowingly and intentionally made, or that the articles proposed to be sold, if the same is jewelry, as herein defined, are not properly described, labeled or tagged, as required herein, in which event, the council may, in its discretion, deny the application. (Prior code § 3.40.090)

North Las Vegas Municipal Code § 5.08.060 Permit—Denial, suspension, revocation.

5.08.060 - Permit—Denial, suspension, revocation. In addition to any other grounds provided for in this Code, the following shall be grounds for denial of a permit application made under this chapter and for the revocation, suspension or discipline of any license issued pursuant to this chapter: 1. If the continuance of the auction sale would result in detriment to the public welfare; 2. If the applicant/permittee is not a fit or proper person to exercise the privileges of the permit; 3. If the applicant/permittee has made any misstatements of material fact in the application for a permit; 4. If the applicant/permittee has violated or failed to comply with any provision of this chapter, or in the conduct of such sale has committed or permitted the commission of any action or practice of fraud, misrepresentation, deceit or deception in connection with the conduct of such sale; 5. If the applicant/permittee has committed or permitted the commission of any act or practice in connection with such sale or any other action sale constituting a violation of any law or ordinance; 6. If the applicant/permittee has conducted such sale in such a manner as to constitute a breach of the peace or to constitute a menace to the heath, safety or general welfare of the public; 7. If the applicant/permittee has violated or failed to comply with any rule or regulation adopted by the council; 8. Whenever the council believes that in the public interest and necessity sufficient cause exists therefor. (Ord. 2181 § 3, 2005)

North Las Vegas Municipal Code § 5.08.070 Adoption of rules and regulations.

5.08.070 - Adoption of rules and regulations. The city council may adopt reasonable rules and regulations not in conflict herewith, requiring additional information upon application for permits; additional records and reports on transactions at and conduct of auction sales; or prescribing additional rules and regulations governing the conduct of such sales and matters incidental thereto when, after investigation, it finds that such rules and regulations are reasonably necessary in the public interest. (Prior code § 3.40.110)

North Las Vegas Municipal Code § 5.08.080 Permit to specify auction time and location—Jewelry auction restricted.

5.08.080 - Permit to specify auction time and location—Jewelry auction restricted. The permit required hereunder shall specify the location within the incorporated limits of the city at which the auction sale is to be conducted, and the period of time, specifying the dates thereof, for which the permit is granted, and it shall be unlawful for any permittee to conduct such sale at any place within the incorporated limits of the city at any time other than that specified in such permit. No permit shall be granted for the sale of jewelry, as herein defined, at public auction to be held within thirty (30) days next preceding December 25th of each year, and in no event shall any permit be granted for a period exceeding thirty (30) consecutive days, including Sundays and holidays. (Prior code § 3.40.120)

North Las Vegas Municipal Code § 5.08.090 Posting of permit.

5.08.090 - Posting of permit. Not less than four copies of this chapter printed or typewritten in type of size and style approved by the city council shall be displayed in a position and location to be readily read by prospective bidders in the room where the sale is being held, and at least one copy thereof shall be displayed in such position and location as to be readily read by persons outside such building. The permit issued therefor shall at all times, while valid, be kept posted in the room where such public auction is being conducted. (Prior code § 3.40.130)

North Las Vegas Municipal Code § 5.08.100 Sales in streets and public places prohibited.

5.08.100 - Sales in streets and public places prohibited. It shall be unlawful for any auctioneer or other person to offer for sale or sell at public auction or public outcry any property upon any street or public place within the incorporated limits of the city. (Prior code § 3.40.140)

North Las Vegas Municipal Code § 5.08.110 Records—Reports.

5.08.110 - Records—Reports. A. The permittee must keep a book in which he shall enter all sales, the amount paid and the date of each sale, which book shall be open at all times for the inspection of the director of finance and/or the city treasurer or any other person so designated by the city manager and any person interested therein. B. In addition thereto, if the auction sale is of jewelry, as herein defined, the permittee shall keep a true and correct copy of the inventory filed with the director of finance and/or the city treasurer or any other person so designated by the city manager and before the commencement of the sale on any day shall indicate thereon in an appropriate manner the articles sold, if any, on the previous day, and the date thereof. The permittee shall also keep a daily record of the inventory number of each article sold, the date of the sale, and the name of the purchaser thereof. C. If any articles listed on the inventory be sold or disposed of otherwise than at sale at public auction, such fact, with full particulars thereof, shall be entered on the record last above provided for. Within ten (10) days after the termination of such auction sale, the copy of the inventory and the separate record of disposition of goods, together with a list of the articles set out on the inventory and not shown on said report to have been sold or otherwise disposed of, shall be delivered to the director of finance and/or the city treasurer or any other person so designated by the city manager. (Prior code § 3.40.150)

North Las Vegas Municipal Code § 5.08.120 Labeling or tagging articles.

5.08.120 - Labeling or tagging articles. A. Each item listed upon the inventory filed with the director of finance and/or the city treasurer or any other person so designated by the city manager shall have securely attached thereto a tag or label upon which shall be plainly written or printed in English a number corresponding with the number of such item in the inventory, and upon which shall be plainly written or printed in English a true and correct statement of the kind and quality of the metal or other substance of which such article is made or composed, and the weight and percentage or karat of purity thereof. In case such article is plated or overlaid, then such tag or label shall contain a true statement of the kind of plate or overlay and the percentage of purity thereof and the kind of metal or material covered. In case such article is in whole or in part a precious or semi-precious stone, said statement shall contain the true name, weight, quality and fineness of such stone, and imitations shall be described as such. In case such article is a watch or clock, said statement shall also contain the true name of the manufacturer thereof, and if any secondhand or old part or movement, or substitute part or movement, of any watch or dock be offered in a new case, such fact shall be set forth in said statement. B. Such tag or label shall remain securely attached to every article and, without any erasure, defacement or obliteration of the number and statement required to appear thereon, shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima facie evidence of intent to defraud in case such written or printed statement be not a true and correct description and representation of such article sold. (Prior code § 3.40.160)

North Las Vegas Municipal Code § 5.08.130 Private sale.

5.08.130 - Private sale. No property shall be sold at private sale at the place for which a permit has been granted for the conduct of an auction sale during the progress of such auction or on any day when such property is advertised for sale at public auction, other than by public outcry and to the highest bidder. (Prior code § 3.40.170)

North Las Vegas Municipal Code § 5.08.150 Jewelry sale hours.

5.08.150 - Jewelry sale hours. No auction sales of jewelry as herein defined, shall take place between the hours of six p.m. and eight a.m. on any weekday, and no auction sale shall be held on Sundays or holidays. (Prior code § 3.40.190)

North Las Vegas Municipal Code § 5.08.160 Terms announced daily.

5.08.160 - Terms announced daily. Each day before the commencement of the auction, the permittee shall announce the terms of the sale. (Prior code § 3.40.200)

North Las Vegas Municipal Code § 5.08.170 Bidder described.

5.08.170 - Bidder described. The permittee, at each time a bid is announced or accepted, shall give some description of the person making the bid, and also point out or designate the location of the bidder on the premises. (Prior code § 3.40.210)

North Las Vegas Municipal Code § 5.08.180 False statements.

5.08.180 - False statements. No permittee, his agents, servants, employees, or the owner, or other person on their behalf, shall make any false or misleading statement concerning the ownership, kind, character, quality, condition, make, size, price, or other fact pertaining to any article sold or offered for sale. (Prior code § 3.40.220)

North Las Vegas Municipal Code § 5.08.190 False bidding.

5.08.190 - False bidding. No permittee, his employee, or the owner, or other person on their behalf shall act as a by-bidder, or what is commonly known as a capper or booster or make or accept any false or misleading bid, or falsely pretend to buy or sell any article, or conspire with any person to make a false or fictitious bid; and no permittee, his employee, or the owner of the articles, or other person acting on their behalf, shall bid or purchase at said sale unless, at the time such bid is made, the permittee shall announce in such tone and manner as to be plainly heard and understood in all parts of the room in which the sale is being conducted, that such bid is for the benefit of the permittee, his employee, or the owner, as the case may be. (Prior code § 3.40.230)

North Las Vegas Municipal Code § 5.08.210 Encouraging attendance.

5.08.210 - Encouraging attendance. No free drawing shall be conducted nor gifts be given, nor any form of entertainment be given for the encouragement of attendance at such sale, or for any other purpose. (Prior code § 3.40.250)

North Las Vegas Municipal Code § 5.08.220 Examination by bidder.

5.08.220 - Examination by bidder. Upon request of any person who has bid upon an article offered for sale, the permittee shall allow such bidder a reasonable opportunity to examine such article, and such bidder may thereafter withdraw his bid at any time before the permittee declares the article sold. (Prior code § 3.40.260)

North Las Vegas Municipal Code § 5.08.230 Examination by city representative.

5.08.230 - Examination by city representative. The permittee shall allow the director of finance and/or the city treasurer or any other person so designated by the city manager or duly authorized representative of the city council, during regular business hours of the day, to examine any article held for sale by auction, offered for sale, or sold, at any time before such article is delivered to the purchaser. (Prior code § 3.40.270)

North Las Vegas Municipal Code § 5.08.240 Crier of sale.

5.08.240 - Crier of sale. No person other than the permittee shall cry the sale of any article at said auction sale, unless individually licensed by the city and granted authority in writing by the permittee, filed with the director of finance and/or the city treasurer or any other person so designated by the city manager. (Prior code § 3.40.280)

North Las Vegas Municipal Code § 5.08.250 Additional requirements for jewelry auctions.

5.08.250 - Additional requirements for jewelry auctions. In addition to the requirements prescribed herein for the conduct of auction sales generally, all auctions for the sale of jewelry, as herein defined, shall also be conducted as follows in Sections 5.08.260 through 5.08.290. (Prior code § 3.40.290)

North Las Vegas Municipal Code § 5.08.260 Jewelry auction—Permittee to read tag on article.

5.08.260 - Jewelry auction—Permittee to read tag on article. Before accepting any bids upon any article, the permittee shall read, in such manner as to be readily heard and understood at any place in the room where said auction is being conducted, the description of the article as it appears on the label or tag attached thereto. (Prior code § 3.40.300)

North Las Vegas Municipal Code § 5.08.270 Jewelry auction—Invoice, sale price and warranty statements.

5.08.270 - Jewelry auction—Invoice, sale price and warranty statements. The permittee shall give to each purchaser of an article sold at auction, selling price of which amounts to more than two dollars, a written invoice containing a full description of such article as it appears upon the inventory required under the provisions of Section 5.08.120 of this chapter; the selling price thereof and a statement giving each and every warranty under which the article was sold. Duplicate copies of all invoices shall be kept by the permittee, within the county, available for inspection by the director of finance and/or the city treasurer or any other person so designated by the city manager, or the city council, or a duly authorized representative of the council, for six months after termination of each auction sale. (Prior code § 3.40.310)

North Las Vegas Municipal Code § 5.08.280 Jewelry auction—Sale of other articles.

5.08.280 - Jewelry auction—Sale of other articles. If an applicant for a permit desires to sell at auction, in connection with such auction sale, articles other than articles of jewelry as defined herein, such articles shall be separately listed upon the inventory filed with his application; and all provisions of this chapter with respect to ownership or property, inventorying labeling, tagging of articles, time and method of sale, and records and reports of sales, shall apply to such articles. (Prior code § 3.40.320)

North Las Vegas Municipal Code § 5.08.290 Jewelry auction—Tag to be attached.

5.08.290 - Jewelry auction—Tag to be attached. No article shall be sold or offered for sale which does not have attached thereto or thereon the tag or label required herein, or if such tag or label is defaced or mutilated. (Prior code § 3.40.330)

North Las Vegas Municipal Code § 5.08.300 Violation—Penalty.

5.08.300 - Violation—Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be fined a sum not to exceed five hundred dollars ($500.00), or imprisoned in the North Las Vegas city jail for a term not to exceed six months, or both such fine and imprisonment. (Prior code § 3.40.340)

North Las Vegas Municipal Code § 5.08.310 Exceptions.

5.08.310 - Exceptions. The provisions of this chapter shall not apply to auction sales of property owned by, or in the lawful possession, custody or control of banks, trust companies, trustees in bankruptcy, assignees for the benefit of creditors, executors and administrators, selling or disposing of such property under the laws of the United States or the state of Nevada; nor of property sold at judicial sales; nor of unclaimed or undelivered property held by common carriers or public warehouseman; selling or disposing of the same for freight or storage charges; nor of property being sold solely for charitable or benevolent purposes or for any church, fair, festival or bazaar, nor of property held by licensed pawnbrokers, selling or disposing of the same as unredeemed pledges in the manner provided by law; provided, that not less than ten (10) days prior to the commencement of such sale the said licensed pawnbroker shall notify the city council in writing of his intention to sell or dispose of such property at such sale and the time, place and estimated duration thereof; and further provided, that the pledge number of each article sold or offered for sale shall be affixed to such article and shall be announced by the auctioneer at the time such article is offered for sale at auction. (Prior code § 3.40.350)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT5BULIRE_CH5.08AUAUSAFetched: 11/1/2026

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