Chapter 6. Auction Sales.
Article I. In General.
Montgomery County, Md., Code § 6-1 (2026)
Sec. 6-1. Authority to regulate auction sales.LinkCopy Citation
The county council is authorized by law to license and regulate or limit as to location any and all auction sales at which goods, wares and merchandise of any kind whatever are sold or offered for sale at auction within the county; provided, that the authority herein granted shall not include authority to regulate judicial sales, under the terms of mortgages or deeds of trust or sales by executors or administrators.
Montgomery County, Md., Code § 6-2 (2026)
Sec. 6-2. Section 6-1 not to limit authority of council.LinkCopy Citation
Nothing in section 6-1 shall be held to limit the authority of the council under section 2-12 or 68-2 or under any other law.
Article II. Sale of Gold, Silver, Precious Stones, etc.
Montgomery County, Md., Code § 6-3 (2026)
Sec. 6-3. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 6-4 (2026)
Sec. 6-4. Prohibited; exceptions.LinkCopy Citation
Subject to the exceptions hereinafter set forth, it shall be unlawful for any person to sell, offer for sale or dispose of at public auction, or to cause or permit to be sold, offered for sale or disposed of at public auction, any gold, silver, plated ware, precious stones, watches, clocks and jewelry, whether the same shall be the property of the person conducting the sale or whether such person shall act as the agent or employee of another; provided, that this chapter shall not apply to any of the following:
(a)
Judicial sales.
(b)
Sales by executors or administrators.
(c)
Sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner now provided by law.
(d)
Sales of the stock on hand of any person who has been continuously in business in the county as a retail merchant of gold, silver, plated ware, precious stones, watches, clocks and jewelry for a period of one (1) year preceding such sale and who has had a trader's license for such business during such period; provided, that the stock on hand shall not be fed or replenished in anticipation of or during such sale. Any public auction held pursuant to this subsection shall be held only between the hours of 8:00 a.m. and 6:00 p.m. on successive days, Sundays and legal holidays excepted, and such sale shall not continue for more than thirty (30) days in all within a period of one (1) year.
(e)
Sales by legitimate duly licensed auctioneers who maintain a place of business in the county for the conduct of auction sales of property of all kinds and to whom the sale of gold, silver, plated ware, precious stones, watches, clocks and jewelry is incidental to the regular auction business of auctioneers.
Montgomery County, Md., Code § 6-5 (2026)
Sec. 6-5. Description of items sold; warranty.LinkCopy Citation
Any person who sells, offers for sale or disposes of any gold, silver, plated ware, precious stones, watches, clocks and jewelry at public auction under the provisions of the preceding section shall truthfully describe the character, kind and quality of any items so sold, offered for sale or disposed of and such description shall be deemed a warranty of such items except with respect to judicial sales and sales by executors or administrators. Any breach of such warranty shall be a violation of this article.
Montgomery County, Md., Code § 6-6 (2026)
Sec. 6-6. Violations and penalties; each sale constitutes separate offense.LinkCopy Citation
Any violation of any provision of this article or regulations promulgated hereunder shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each separate sale, at public auction, of an article of gold, silver, plated ware, precious stones, watches, clocks
or jewelry in violation of the provisions of this article shall constitute a separate offense hereunder.