Subtitle 1 – Auctions

2 years practical experience auctioning goods or real estate; or

1 year apprenticeship under an auctioneer licensed hereunder; or

graduation from an auction school accredited and approved by the National Auctioneers Association;

In the event the surety leaves the State or becomes insolvent, the Director of the Department of Consumer Protection and Business Licensing shall demand a substitute surety.

If the auctioneer fails to provide other security within 15 days after such demand, the license issued thereupon shall become null and void and the Director of the Department of Consumer Protection and Business Licensing shall give notice thereof in 2 or more daily newspapers.

Upon the receipt of an approved surety bond and of a $1,600-license fee paid to the Director of Finance, the Director of the Department of Consumer Protection and Business Licensing shall issue a license to a duly appointed auctioneer for the term of 1 year.

At the request of the applicant, the license may be dated back to the expiration date of his prior license, but such action shall not affect prosecutions commenced prior to such request.

The failure of the auctioneer to pay the license fee and post bond within 30 days of his appointment shall render such appointment null and void.

5% of the price to $5,000;

4% of the price from $5,000 to $20,000;

3% of the price from $20,000 to $100,000; and

2½% of the price over $100,000.

15% of the price to $15,000, and

10% of the price over $15,000.

The minimum fee in any sale or in any sale cancelled prior to its scheduled date is $50.

The minimum fee for any sale cancelled on its scheduled date is $100.

An auctioneer whose license is suspended or revoked under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.

the offering or performance of frequent or regular services as an auctioneer to any person or organization to evade the provisions of this subtitle;

permitting the use of the licensed auctioneer’s name or his flag by any auctioneer not licensed herein. The infrequent or irregular use of the name or flag by an auctioneer licensed in another jurisdiction and employed by a person or organization located in or regularly doing business in said jurisdiction is not a violation of this subsection, provided further that the aforegoing exception has reciprocal effect in said jurisdiction;

failing to designate persons as provided in <cite data-path="|2|§1-6">§ 1-6 of this subtitle</cite>; and

violations of any other provisions of this subtitle for which no criminal penalties or civil liabilities are specifically imposed.

Liability for violations of this section shall not exceed $250 for the 1^st offense and $500 for 2^nd and subsequent offenses.

Enforcement of said liability shall be made on behalf of the City in a court of competent jurisdiction.

receipt of commissions in an amount greater than authorized under <cite data-path="|2|§1-10">§ 1-10 of this subtitle</cite>.

failure to account for the proceeds of sale within a reasonable time of the sale transaction.

the conduct of auction sales without first being appointed and licensed as provided in this subtitle; and

the use of fraud, deceit, or flagrant misrepresentation in the conduct of auction sales.

to judicial sale or sales by executors or administrators; nor

to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in manner provided by law; nor

to the sale at public auction of the stock on hand of any person or persons or corporation that shall, for the period of 1 year next preceding such sale have been continuously in business in the City of Baltimore as a retail or wholesale merchant of gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and that shall also have held trader’s license for such business during said period; provided, further, that such sale at public auction of the stock on hand of such merchant or merchants shall be held only subject strictly to the conditions in <cite data-path="|2|§1-18">§ 1-18 of this subtitle</cite>.

It must be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all.

A period of at least 365 days must have elapsed after the conclusion of any auction sale, conducted either before or after the enactment of this subtitle, before another auction sale shall be commenced by the same merchant.

either:

at no other place or places.

Not more than 15 nor less than 10 days before commencing any sale, the merchant must file with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing a statement setting forth:

Said statement must be subscribed by such merchant or an officer thereof (if a corporation), and verified by the oath before a notary public of the person so subscribing.

At least 2 days before the commencement of such sale the auctioneer named in the foregoing statement shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing an affidavit subscribed and sworn to by him:

Within 10 days after the conclusion of said sale, said auctioneer shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing a report subscribed by said auctioneer and sworn to by him before a notary public:

No items or articles not set forth in the statement and inventory filed by such merchant in accordance with the provisions of subsection (d) preceding shall be sold or offered for sale at said auction sale.

All articles so sold must be sold at the property of and under the name of the merchant so conducting said sale.

During the conduct of said sale, a sign or signs must be maintained at the place of said sale plainly visible to persons attending the same, showing the name and address of the merchant whose goods are so being sold at auction.