City Code, 1976/83, art. 2, §2
Ord. 77-494
City Code, 1976/83, art. 2, §6
Ord. 77-494
No person or business organization shall conduct any auction sales in the City of Baltimore before being appointed and licensed in accordance with the provisions of this subtitle.
City Code, 1976/83, art. 2, §1
Ord. 77-494
In accordance with the terms of this subtitle, the Director of the Department of Consumer Protection and Business Licensing shall appoint as many auctioneers in the City of Baltimore as the Director may deem proper, not to exceed 50.
Applications for appointment shall be under oath on a form approved by the Director of the Department of Consumer Protection and Business Licensing and shall contain the applicant’s qualifications for appointment.
City Code, 1976/83, art. 2, §3
Ord. 77-494
Each applicant for appointment as an auctioneer shall:
state all criminal convictions, other than traffic violation, and all pending criminal charges;
certify that, for 5 years immediately preceding his application, he has not been convicted of forgery, embezzlement, larceny after trust, false pretenses, extortion, fraud, or like offenses;
state whether a license of this type has been refused, suspended, or revoked in this or any other jurisdiction;
verify graduation from high school or its equivalency;
verify: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;
submit with the application, at least 3 statements under oath from persons vouching for the applicant’s reputation for honesty, fair dealing, competency, and financial responsibility; and
verify that he has been a resident of the State of Maryland for 2 years immediately preceding the application.
City Code, 1976/83, art. 2, §4
Ord. 77-494
Within 30 days of his appointment, and upon any change thereafter, every auctioneer shall deposit with the Director of the Department of Consumer Protection and Business Licensing the names of all officers, associates, partners, or employees designated by him to conduct auction sales.
City Code, 1976/83, art. 2, §7
Ord. 77-494
No auctioneer appointed under this subtitle shall conduct auction sales unless he first posts a surety bond and is issued a license therefor.
City Code, 1976/83, art. 2, §8
Ord. 77-494
A surety bond, in the amount of $25,000, with a surety approved by the City Comptroller, conditioned on the auctioneer’s performance in accordance with the provisions and intent of this subtitle, shall be posted prior to the issuance of any license and shall remain in effect during its term.
Said bond shall be filed in duplicate with the Director of the Department of Consumer Protection and Business Licensing, and the duplicate shall be forwarded to the City Comptroller for his signatory approval and returned to the Director.
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.
City Code, 1976/83, art. 2, §9
Ord. 77-494
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.
Upon the death of any auctioneer prior to the expiration of his license, his personal representative or a person named in <cite data-path="|2|§1-6">§ 1-6 of this subtitle</cite> may continue to act under the license for its unexpired term, or for a period of 30 days, whichever is greater.
City Code, 1976/83, art. 2, §10
Ord. 77-494
Ord. 84-249
Ord. 90-504
In court-ordered sales, and in all other sales unless otherwise agreed in writing by the parties, licensed auctioneers shall be entitled to the following commissions on the final selling price of all sales conducted by them.
Real estate or any interest therein: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.
Goods or personal property: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.
Commissions shall be computed on the basis of each property, lot, article, or item, and not on the aggregate items offered for sale.
City Code, 1976/83, art. 2, §11
Ord. 77-494
On timely notice and hearing by the Board of Consumer Protection and Business Licensing, and receipt of the Board’s recommendation, the Director of the Department of Consumer Protection and Business Licensing may suspend or revoke the license of any auctioneer for any violation of this subtitle for which a civil liability or criminal penalty may be imposed.
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.
City Code, 1976/83, art. 2, §5
Ord. 77-494
Ord. 04-672
Ord. 19-332
The following acts are violations of this subtitle for which civil liability may be imposed: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<sup>st</sup> offense and $500 for 2<sup>nd</sup> and subsequent offenses.
Enforcement of said liability shall be made on behalf of the City in a court of competent jurisdiction.
City Code, 1976/83, art. 2, §12
Ord. 77-494
Ord. 04-672
The following additional acts are violations of this subtitle for which civil liability may be imposed: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.
Any person or organization aggrieved by a violation of this section may file civil suit for liability in an amount not exceeding $500 for each offense, ½ to the City and ½ to the use of the aggrieved party, in addition to any other damages awarded to said party.
City Code, 1976/83, art. 2, §13
Ord. 77-494
The following acts are criminal violations of this subtitle: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.
Upon conviction of the offenses in this section a person may be fined in an amount not exceeding $500 for the 1<sup>st</sup> offense, and may be fined and imprisoned for a term not exceeding 3 months for any subsequent offense in the discretion of the Court.
Any person convicted of an offense contained in this section shall, in addition to criminal penalties imposed, be liable to any party aggrieved as a result of such offense, in an amount double the amount unlawfully received, retained, or withheld in such criminal act.
City Code, 1976/83, art. 2, §14
Ord. 77-494
Ord. 04-672
It shall be unlawful for any person or persons or corporation to sell, dispose of, or offer for sale, in the City of Baltimore, at public auction, or to cause or permit to be sold, disposed of, or offered for sale, in the City of Baltimore, at public auction, any new articles of gold, silver, plated ware, precious stones, watches, clocks, or jewelry, whether the same shall be their own property or whether they sell the same as agents or employees of others.
Provided, however, that this section shall not apply: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>.
City Code, 1976/83, art. 2, §15(1st par.)
Ord. 77-494
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.
It must be held only between the hours of 8 a.m. and 6 p.m., and at no time within the hours beginning at 6 p.m. and ending at 8 a.m.
Such auction sale must be held:either:at a place at which the merchant so selling his or its goods at auction conducted the jewelry business in Baltimore, for the period of at least 90 days immediately prior to the commencement of said auction sale; or
at the regular and usual auction rooms of some duly licensed auctioneer; and
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:the name and address of the merchant so intending to conduct said sale;
the place or places at which for the year next preceding said date of sale such merchant has conducted his or its business;
the date or dates on which the merchant secured a trader’s license for said business;
the locations of and purpose of the proposed sale;
the probable duration thereof;
the name and address of the auctioneer who will conduct said sale;
an inventory showing in detail the quality, quantity, kind, or grade of the goods, wares, and other articles proposed to be sold; and
that no items or articles belonging to any other person or corporation than said merchant are included in said inventory.
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:referring to said statement; and
setting forththat he has been employed to conduct said sale at the time and place named therein; and
that he will keep a true record of any and all lots or items sold at said sale, and the prices obtained therefor.
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:showing all the articles so sold at said auction sale, and the price at which sold; and
certifying that no articles were sold which were not included in the foregoing statement.
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.
Except in the case of auction sales conducted at the rooms of some duly licensed auctioneer, as set forth in subsection (c) preceding, during the time when and while such auction sale is being conducted, no business other than the jewelry business which had been conducted for the period of 90 days immediately prior to the commencement of said auction sale, shall be conducted or engaged in at and in the place so designated in the statement filed with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing.
For the purpose of this section, should any person or persons or corporation erect, construct, or install, either temporarily or permanently, any mere partition, shade, blind, or any other similar device which may divide or separate that part of said building so used for the purpose of sale, repair, or dealing in gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and so holding a trader’s license for such business, from the remaining part of the same building, then said entire premises so divided or separated shall be construed and defined as “place”.
City Code, 1976/83, art. 2, §15(a) - (h)
Ord. 77-494
Ord. 04-672
Any person or persons or corporation convicted of a violation of § 1-17 or § 1-18 shall be fined the sum of $10 for the 1<sup>st</sup> offense and $20 for every subsequent offense.
Each separate sale, at public auction, of an article or articles of gold, silver, plated ware, precious stones, watches, clocks, or jewelry in violation of the preceding section shall constitute a separate offense hereunder.
City Code, 1976/83, art. 2, §16
Ord. 77-494