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Ordinance 84-80I I.J ORDINANCe- NO. 84-. ~o AN ORDINANC~ REGULATING PERSONS ENGAGED IN THE AUCTION BUSINESS! PROVIDING DEFINITIONSt PROVID- ING FOR APPLICATION OF ORDINANCE PROVISIONS AND EXEMPTIONS! REQUIRING PERMITSl REQUIRING A BOND A~ A PREREQUISITE TO A PERMIT,.: PROVIDING FOR ISSUANCE OF PERMITS, PROVIDING FOR AN APPLICA' TIe. FORM, P~VIDING FOR AN I~WSTIGATION OF APPLICANTS, PROVIDI.G GRO~DS FOR ~ATION O. D~I~ OF PERMITS, PROVIDING FO. H~Ri.G O. ~~ION OR DENI~ OF PERMITS, PROVIDING FOR APP~RO. ~TIO. OR DENI~ OF PERMITS, PR~%NG FO. SUSPENSION OR ~V~TIO. OF PER- .I~¢,FOR DESIGNAr~'~ ACTS, PROVIDING ~T A PERMI? CC~STITUTES A COMPLI~CE AGe--TI PROVZD~NG · ~ REGULXT~NG AUCTION "OU~, ~OUIR~NG ~- OTHE~ ACTS A~ DEC.RED ~ULI PROVIDING FOR ~SCISSION OF SALE~ ~F~D AND CONDITIONS OF S~EI PROVIDING P~ALTIES ~D RE~DIESI PROVIDING FOR CONFLICT AND S~E~BILITYI PROVIDING ~ EFFECTI~ DATE. WHEREAS Chapter 125 Florida Statutes, authorizes the County to establish, coordinate and enforce such business regulations as are necessary for the protection of the publicl and WHEREAS, sales at auction are conducted under competitive circumstances different from other salel at retail or wholesale and require regulation by the County for the protection of the public! NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that~ Section One~ Definit~ons. As used in this Ordinance the following terms shall have the following meanings~ (a) ~Auc~ion"~ means such sales as are cons~umaated on conclusion of bidding, as well as, offers to sell at auction and males or offers to sell at auction which are conditioned ~or any reason on the approval or election by the buyer or seller, or both, to be exercised at a later time or date. (b) "Auction Bus2ness"~ means an individual, ~ partnership, a~sociation or corporation who or whi~ -- conducts or o~fers to conduct a. auction or act as~n ,oo, 0t9,, , 163 advertises, or promotes an auction, or employs other persons to conduct an auction in its facilities, or uses or allows the use of its facilities for an auction. (c) 'Auctioneer~: means any individual who is sngaged in the auction business by conducting or offering to conduct an auction in the County. (d) "County': means the unincorporated area of Collier County. (e) 'Permit#: means a certificate issued pursuant to this Ordinance authorizing the holder(s) thereof to engage in the auction business within the County. (f) 'Person' or 'Applicant' or 'Permit Holder': means an individual, partnership, association or corporation, and in the case of a partnership, association or corporation also means each individual with a partnership interest, each associate and each corporate officer and director. Section Two: Application of Ordinance Provisions and Exemptions. This Ordinance shall apply to all auctions of diamonds or any other precious and semiprecious stones or imitations thereof,. <.'.~tChel, c].ocks, Jewelry, gold, silver, silverplated ware, glassware or leather goods, china, porcelain and art objects, including rugs and lamps, conducted in the County by any person, except as hereinafter provided, and shall apply regardless of whether goods, wares or merchandise offered for sale are in fact the property of those offering them for auction or the property of others for whom a person engaged in the auction business acts as an agent; provided, however, that nothing required solely by this Ordinance shall apply to: (a) Auctions conducted by any executor, administrator, or trustee of any estate which is the subject of Judicial proceedinge in the State of Florida. (b) The sale of real property or livestock at auction. (¢) Auctions conducted by or for a charitable, civic, religious or other nonprofit organization, if the auction is conducted by the organization itself or i£ the person conducting the auction rsceives no compensation~ however~ all much organizations must provide written notification to the County Hanager of intent to conduct an auction at least £1fteen '(15) days prior to much auction° (d} Auctions of collateral, /alel conducted to enforce carriers or warehousements liens, bulk sales, sales of goods by a presenting bank following dishonor of a documentary draft, resales of rightfully rejected goods, resales of goods by an aggrieved seller or other resales conducted pursuant to law, if the auction is conducted by the owner of the lien on or interest in such goods. (a} Auct£ons of personal property conducted by or on behalf of the individual who o~ns the personal property and who is not regularly engaged in the auction business. (f} Auctions conducted by law enforcement agencies. Section Three~ Pe.__~m£ts Re~uired. (a) Any person desiring to engage in the auction business ~n ~he Count7 sha~l app~ ~o ~he Occupational Licens~ Division of the Count7 Tax Co~lector, at least sixty (60) da~s pr£or to ~he da~e at ~h~ch an auction ~s proposed to be he~d for a permit to a~lo~ such pcrson to engage in ~he auction business ~ithin the County. ~here a corpor- ation~ association or partnership is the person desiring to engage ~n the auction business, then a~ of the natural persona who ar.e officers, d£rectors, associates or partners of said entities and the natural persons ~ho are officers or directors o~ an7 corporate partners shall complete the permit application fo~m as described in Section Seven and Ihall be individually investigated and approved as herein- after provided. Any person may file an appl£cation for a pez~it prior ~o ~he e~fec~ve da~e' o~ ~h~. Ordinance. (b} It ehall be unlawful for any ~rson to engage l~ the auot~on bu=i~ess without having a pe~it ~n such person*s name issued by the Occupational License Division of the County Tax Collector pursuant to this Ordinance. {c) All permits issued purluant to thil Ordinance Ihs11 expire on December 31 of each year regardless of the date of issuance. Section Four~ Bond Prerequisite to Permit. As a condition precedent to the granting 'of a permit to engage in the auction business, the applicant shall file with the Occupational License Division of the County Tax Collector a bond to the County executed by a lurety company duly authorized to do bulinell under the laws of the State of Florida! said bond to be approved by the County Manager and to be in the sum of Ten Thousand Dollars ($10,000). No bond shall be required for an applicant who is an employee, alsociate, partner, officer or director of a permit holder who has filed a current and valid bond. Said bond shall be conditioned for the due observance of all such laws of the State of Florida and ordinances of the County, as are in force respecting the conduct or operation of the auction buliness and auctioneers, for the performance of all duties, the rendition of a~l accounts and payment of all moneys required by law to be paid, and also conditioned for the payment to any person who shall be defrauded or suffer loss by reason of the violation by any person ho]ding a permit issued pursuant to this Ordinance, or any employee thereof, of any of the provisions of this Ordinance, or state law. Said bond shall be for the protection of persons and property, and for the preservation of the safety and property of the County and its inhabitants, as may now be required by any state law or County ordinance or regulation. Said bond shall remain in full force and effect for a period of one year from the date of issuance and shall be renewed annually prior to renewal of a permit. Section Five= Issuance of Permits. Subject to the approval of the County Manager as hereinafter provided, the Occupational License Division of the County Tax Collector il hereby authorized to issue, or renew, an auction business permit for a period of time not exceeding one year to the person or persons applying therefor on a form to be provided by laid Division, upon payment by an applicant of the feel pro- vided for in this Ordinance and the filing by an applicant of the bond required by this Ordinance. Applications shall be &reliable at %he Occupational License Division of the County Tax Collector. Section Sixl Application Form The form on which application shall be made for a permit to engage in the auction business shall require the following i~formation~ (a) Name of applicantl (b) Street address for residence and bus, ness of the applicant and name of business, together with residence and business telephone numbersl (c) Whether the applicant is a partner, associate, coporate officer or director, sole proprietor, or employee of an auction buainess~ (d) If applicant is a partner, associate, corporate officer or director of an auction business, the names, titles, business address and business telephone numbers of all other partners, associates, corporate officers or directors. (e) A statement as to whether or not the applicant ho)ds, or has held an auctioneer's permit or license or a permit or license to engage in the auction business from any state, municipality, county, governing body or other permitting or licensing authority! a list of such permits or licenses and a statement of the date of issuance, name and address of the permitting or licensing authority! a statement as to whether any state, municipalityt countyt governing body or permitting or licensing authority has ever revoked or refused to issue or to renew an auctionee=ta permit or license or a permit or license to engage in the auction business to the applicant, together with a full and accurate statement as to the reasons for any such revocation or refusal; (f) A statement as to whether or not the applicant has ever pled no contest, pled guilty or been convicted of any crime, felony, misdemeanor or violation of any state's laws, o= municipal or county ordinances and, if as, the place, date and nature of the offense and the punishment or penalty assessed therefor! (g) A photograph of the applicant, if an individual, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner, except that the Occupational License Division may waive this requirement with respect to an application for renewal of a permit by an individual holding an unexpired permit issued pursuant to this Ordinance who has in a previous application pursuant to this Ordinance complied with this requirement! (h) The fingerprints of the applicant and the names of at least two (2) property owners of the County who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that the Occupational License Division may waive this requirement with respect to an application for renewal of a permit by any individual holding an unexpired permit issued pursuant to this Ordinance who has in a previous application under this Ordinance complied with this requirement. (i) The location at which the auction is to be conducted. An application for a permit shall be amended when the applicant or permit holder desires to engage in the auction business at a location other than that specified in the most recent appl&catxon or amenamen~ ~neretoo Section Sevens Investiga~ion of Applicant. :,~ ' Before issuing a permit pvrsuant to this Ordinance, the "~.~ Occupational License Division shall refer the application to the ~¥ ~ounty Manager who shall cause to be made such investigation of . the applicant's moral character and business responsib~lity as he :. deeml necessary for the protection of the public good, except '~ ~hat the County Manager may waive this requirement with respect to an application for renewal of a permit by a person holding an unexpired permit issued pursuant to this Ordinance if an investi- gation of such applicant's moral character and business respon- sibility has previously been made in connection with a prior application for a permit pursuant to this Ordinance. The County Manager shall cause the investigation herein provided for to be made within a reasonable time. If the results of the inves- tiqation reveal that the moral character and business respon- sibility of the applicant are satisfactory, the County Manager shall approve the application and direct the Occupational License Division to issue the permit. The County Manager may refuse to approve the application based upon the moral character and busi- ness responsibility grounds set forth in Section Eight. Section Eight: Grounds for Revocation or Denial of Permits. A permit issued pursuant to this Ordinance may be revoked by the County Manager, or an application for issuance or renewal of such permit may be refused by the County Manager if it is determined after notice and hearing: (a) That an application of the applicant or permit holder contains any false, fraudulent or misleading material statement or omission; or (b) That the applicant or permit holder has knowingly made any false, fraudulent, or misleading material statement in the course of conducting any auction under this Ordin- ance; or (c) That the applicant or permit holder has perpe- trated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction an the County~ or (d) That the applicant or permit holder has violated any of the provisions of this Ordinance or law~ of the State 'of Florida relating to auctions or auctioneers! or (e)' That the applica,t or permit holder has pled no contest, pled guilty or been convicted of a felony or of any crime or misdemeanor involving moral turpitude or un- lawful business practices, unless the applicant's or permit holder's civil rights have been restored~ or " (f) That the applicant or permit bolder has conducted an auction or offered for sale at auction any goods, wares or merchandise in the County in an unlawful manner. Section Nines Hearing on Revocation or Denial. Notice of the hearing provided for in Sections Eight and Eleven shall be given in writing to the applicant or permit holder as the case may be. Such notice shall be mailed, postage prepaid to the applicant or permit holder at the address listed on the application form or permit at least seven (7) days prior to the date set for hearing. The applicant or permit holder shall have the right to be represented at such hearing by counsel. Section Ten~ Appeal from Revocation or Denial. Any individual aggrieved by the action of the County Nanager in refusing to issue any permit or in suspending or revoking any permit already issued shall have the right to appeal to the Board of County Commissioners. Such appeal shall be taken by filing with the Board of County Commissioners, or person designated by it, within fourteen (14) days after notice of the action complained of has been mailed, postage prepaid, to such individual's last known address, a written statement setting forth fully the grounds of appeal. The Board of County Commissioners shall hold a hearing on such appeal. Notice of such hearing shall .be given to the appellant.in the same manner al provided in Section Nine. The appeX1ant shall have the right ~<.,:":,tO be represented at such hearing by counsel. The decision and order of the Board of County Commissioners on such appeal shall i'~,,'~.be final and conclusive. Section Elevens Sus ension or Revocation of Permits for Desiqnated Acts~ The County Manager may, upon his own motion, or upon the complaint in writing of any person, investigate the actions of any permit holder~ and said County Manager shall have the power, after notice and hearing, to suspend, for the unexpired portion of the permit period, or for a period less than the unexpired portion of the permit period, or to revoke any permit issued under the provisions of this Ordinance where the permit holder, in performing or attempting to perform any of the acts mentioned herein, is found to bevel (a) Knowingly made any false promise or misrepre- sentation~ (b) Pursued a flagrant and continued course of misrepresentation or knowingly made a false promise or misrepresentation through agents, salesmen, advertisements or otherwise~ (c} Failed to account for or to pay over any moneys belonging to others, coming into the possession of the permit holder~ (d) Been convicted of any conduct which demonstrates bad faith or dishoneaty~ or (e) Violated any of the provisions of this Ordinance or laws of the State of Florida relating to auctions or auctioneers. Section Twelvez Permit Constitutes Com~reement. Any application for a permit under the terms of this Ordinance and the acceptance of such permit shall be taken as an agreement by the permit holder to abide by all the terms and provisions of this Ordinance, and to be bound thereby. No permit issued hereunder shall be transferable, except as to location. Section Thirteen~ Application Fee The application fee for a permit shall be Twenty Five Dollars ($25.00) for each individual and shall not be refundable. Section Fourteenl Auction Location. A permit issued pursuant to this Ordinance shall specify the location' within the County at which such auction is to be con- ducted and it shall be unlawful for any permit ho3&~r, his agent, servant or employee to conduct any such auction any place within the County other than the= specified in such permit or most recent amendment thereto and without having complied with all other provisions of this Ordinance. A person holding a permit shall file an amendment to his application whenever an auction is proposed to be conducted in a location other than that specified in his original or renewal application or permit or most recent amendment thereto. A permit shall not be issued for any location which does not conform with the zoning requirements of the County or which is not a validly existing non-conforming use on the effective date of this Ordinance. Approval of the County Zoning Department as to location shall be obtained prior to the issuance of any permit or amendment thereto. Each location at which auctions are to b~ conducted shall be examined by the fire department having Jurisdiction to determine whether there are suf~icient exits and entrances for expected crowds. No auctions shall be held upon pr~mises unless the premises have passed an inspection by the fire department as meeting applicable codes administered by the fire ~epartment for assembly use. Section Fifteens Auction Hours It shall be unlawful to conduct any auction between the hours of 1{00 a.m. and 8{00 a.m. Section Slxteenl Records Required. Every permit holder shall keep books or records in which shall be described and inventoried in a clear, legible manner, all goods received ~y such permit holder! the date of receipt~ 10 the name and address of the person or concern on whose account the goods are to be sold~ the cost price to the per, nit holder if purchased by him or consigned to him for purposes of sale, together w~th ~he name and addresl of the vendor, the names and addreSsel of the purchasers at the auction~ the dates sold and the prices pa~d by said purchasers, together with a description of each article so sold. Said books or records shall be open to inspection at all times by the permitting authority or its duly authorized enforcement officers. Section Seventeen: Sales Receipt .Information Required For Certain Items"Of Merchandise. (a) It shall be unlawful for any permit holder or employee thereof to fail to deliver, to any purchaser of any watches, clo~ks or Jewelry purchased at auction, a sales receipt upon which shall be plainly written or printed in the English language the following informationl the name, business address and business telephone number of the permit holder! the true purchase price of each item of merchandise~ a true statement of the kind and nature of the material of which such item is made or composed, and the percentage of karat of purity of such material or metal~ where an item is plated or overlaid, a true statement of the kind of plate and the percentage of such plating and the kind of material or metal coveredi where an item contains precious or semiprecious stones, the true name, weight, quality and fineness of such stones, together with any limitations~ where an item is a watch or clock, the true name of the manufacturer, and if any original part or parts of the movements or mechanism of such watch or clock shall have been replaced, a true statement to that effect~ where secondhand, old or used watch or clock movements or mechan- isms are contained in new cases, a true statement to that effect. (b) The information written or printed on the sales receipt shall be deemed prima facie evidence of intent to defraud the purchaser thereof in case the information contained on much males receipt is not true. ll Section Elghteenl Misleading Advertimin~ Prohibited. It shall be unlawful for any person to uae any form of advertising, which shall in any wa2 knowingly mis~epreeent the source, quantity, quality, ownership or any other matter or thing '"'?";~"i'cOncarning the goods, wares or merchandise to be sold or o£ferad for sale at a~y auction permitted pursuant to the provisions of this Ordinance. Section ~ineteenl Certain Other Acta Declared Unlawful. It shall be unlawful for any l~ermit holder, hie agent, servant or employee to do any of the followinql (aD To accept anything other then bon~ fide bide or to conduct an auction in a manner other than so aa to dispose of merchandise to the highest bidder. Ib~ In describing items that are being auction~d, to directly or indirectly, by verbal or written statement, or advertisement, knowingly make any false representations aa to the character, quality, condition, value or o~nerahip of laid items, or falsely reprelcnt that ouch items are, in whole or in part, bankrupt or insolvent stock, or damaged goods, or goods saved from fire, or to in any way or manner violate any of the provisions of the laws of the State of Florida or the ordinances of Collier County. (cD To switch or exchange any item sold to a customer at auction, without that customer's knowledge and consent. (dD To knowingly sell watches or clocks with new cases but with old works, or to remove or substitute works or any parts, or to sell secondhand goods for new, unless prior to offering such items for sale, shall clearly state such substitution, removal, or that such items are used or secondhand. (e! To refuse at any time to identify the last bidder to a duly authorized enforcement officer of the County where such officer la engaged in the investigation of a violation of this Ordinance or other law. (f) To use or employ an individual as an auctioneer, if said auctioneer has not obtaineda permit issued pursuant to this Ordinance. (g) To represent an item to be guaranteed by the manufacturer or the owner unless manufacturer's or owner's guarantee accompanies the item. Section Twentyt Re~cission of Sale1 Refund! Conditions of Sale. The purchaser of any item bought at any auction conducted in violation of Section Nineteen of this Ordinance may rescind said purchase and return any item for a refund of the full amount of th~ purchase price within seven {7) days from date of the purchase. Ail permit holders shall prominently display at all times during the conduct of any auction a notice, sign or bulletin no smaller than two (2} feet by two (2) feet, in and by which prospective or potential purchasers shall be effectively and adequately informed and advised of the permit holder's method of doing business, including the provision for refund within seven (7} days as provided above. Section Twenty-One: Penalties and Remedies. Any person who violates any section of this Ordinance shall be prosecuted and punished as provided by Section 125.69 of the Florida Statutes. Each day such violation continues shall constitute a separate offense. In addition to any penalties or civil remedies provided herein, the Board of County Commissioners may bring suit to restrain, enjoin or otherwise prevent the violation of this Ordinance in a court of competent Jurisdiction. Any person who violates any section of this Ordinance shall pay all costs and expenses involved in the case, including attorney's fees. Nothing in this Ordinance shall be construed to limit or prohibit any private remedies or causes of action. 13 The County Manager is vested with the authority to admini- ster and enforce the provisions of this Ordinance and is autho- ~ised and directed to take any action to ~nsu~e compliane~ with, or pr,v,nt violation of the provlltOnl o~ this Ordinance. In the avant this Ordinanos conillots with Iny other ordinanc~ of Collier County or othlr applicable law, the more r~strlctiv~ shall apply. If any phras~ or ~rtion of this Ordinance is held invalid or unconstitutional by any court of competent ~urisdiction, such ~rtion shall b, t~emtt a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Twenty-Threet Effective Date This Ordinance shall become affective January 31, 1985. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~tobsr , 1984. ~';,,_A~E_STI ' .', "-. / ~ BOARD OF COMMISSIONERS COLLI~NTY, FLORIDA '..'. ,,a.a / [ ',~. ...' ..'.~ ~' ~ Davis C. ~%wn, Chairman Approved as to form and legal sufficiency: R. Bruce Anderson Assistant County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) r 'fl ~ rtl Thls ordhnonce filed wllh the Secretary of State's Offlc~t~% ~ ~ 0~2~_~, _/~ ~ ~k~l~gement of that flf~ ,~,~ ~ ~ ~ I, WlLLIAN J. REAGAN, Clerk of Courts in and for the Tw~tieth Jud~ial Circuit, Collier County, Florida, do hereby certify that th~oregoin$ is a true original of: ORDINANCE NO. which was adoptod by the Board of County Cmimsionars durini Regular Session the ~3~ day of ~tober, 1984. ~SS ~ ~nd ~n4 ~he olflcill s,al of ~he Boa~ of CounZy of Collier County, Florida, this 29th day of ~:ober, Clerk o~ C~r~s ~ ~ ~.,.