Chapter 3
AUCTIONS, AUCTIONEERS AND ESTATE SALESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490
3-3-1: LICENSE REQUIRED:
3-3-2: ISSUANCE OF LICENSE:
3-3-3: FORM OF APPLICATION:
3-3-4: LICENSE FEES:
3-3-5: BOND REQUIRED:
3-3-6: RESTRICTIONS:
3-3-7: JUDICIAL SALES EXEMPTED:
3-3-8: REVOCATION OF LICENSE:

3-3-1: LICENSE REQUIRED:linklink


No personal property, goods, wares or merchandise shall be sold at an auction or estate sale in the village except in compliance with the provisions of this chapter, and it shall be unlawful to sell, or cause or permit to be sold at an auction or estate sale, any personal property, goods, wares or merchandise in this village unless such sale is conducted by an individual who has obtained a village license and who holds a valid and current license from the state. (Ord. 2506, 8-16-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376460
3-3-2: ISSUANCE OF LICENSE:linklink

The village manager is hereby authorized to issue and renew an auction or estate sale license for a period as set forth in section 3-1-6 of this title to any individual applying therefor on an application form provided by said village manager, together with payment of the license fees and filing of surety bond hereinafter provided in this chapter. (Ord. 2199, 9-15-1997; amd. Ord. 2506, 8-16-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376461
3-3-3: FORM OF APPLICATION:linklink

The form of application for an auction or estate sale license shall require the following information and supporting documentation:


(A) The name and residence address of the applicant.


(B) The business address of and contact information for the applicant.


(C) A statement as to whether or not the applicant holds or has held an auctioneer's license or a license to conduct estate sales from any state, municipality or other licensing authority; a list of such licenses, if any, including the time, place and by whom issued; a statement as to whether any state, municipality or other licensing authority has ever refused to issue or to renew such license, or has ever revoked the same, together with a statement as to the reasons therefor; and a statement as to whether or not the applicant has ever been convicted of burglary, theft, housebreaking, robbery or any other crime or misdemeanor involving moral turpitude.


Every application shall be accompanied by a photograph of the applicant taken within sixty (60) days immediately prior to the date of the filing of the application. In addition, the applicant shall attach to the application a copy of his or her current state of Illinois auctioneer license. All applications shall be referred to the chief of police for such investigation of the applicant's moral character and reputation as he deems necessary for the protection of the public good. The police chief shall conduct his investigation within a reasonable time, and shall report his findings to the village manager. (Ord. 2506, 8-16-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376462
3-3-4: LICENSE FEES:linklink

The fees for an auction, or auctioneer, or estate sale license shall be as set forth in section 3-1-6 of this title. (Ord. 2506, 8-16-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376463
3-3-5: BOND REQUIRED:linklink

Every applicant for an auction or estate sale license shall file with the village manager a surety bond running to the village in the amount of one thousand dollars ($1,000.00), with surety acceptable to and approved by the president of the board of trustees, and conditioned upon the applicant's compliance with all the provisions of this code and the statutes of the state regulating and concerning auctions, auctioneers, and estate sales, and further that such applicant will render true and strict accounts of all his sales to the person employing him to make the same, and will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction or estate sale, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other unlawful act on the part of the applicant in the conduct of any auction or estate sale or in the exercise of the calling of auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the state which conforms to the above requirements may be permitted by the president of the board of trustees in lieu of a surety bond. (Ord. 2199, 9-15-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376464
3-3-6: RESTRICTIONS:linklink


(A) Auctions And Estate Sales Prohibited On Streets, Sidewalks And Public Property: It shall be unlawful to conduct an auction or estate sale of personal property, goods, wares or merchandise on any of the streets, sidewalks, parkways, parks or other public property of the village.


(B) Night Auctions And Estate Sales Prohibited: It shall be unlawful to offer for sale at auction or to sell at auction or estate sale any personal property, goods, wares or merchandise between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M. (Ord. 2199, 9-15-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376465
3-3-7: JUDICIAL SALES EXEMPTED:linklink

The provisions of this chapter shall not be applicable to auction or estate sales conducted by trustees or referees in bankruptcy, or by executors, administrators or guardians of an estate, or by receivers or other public officials acting under judicial process; nor shall the provisions of this chapter be applicable to sales of real property. In addition, all exemptions listed in section 10-1 of the auction license act, 225 Illinois Compiled Statutes 407/5-1 et seq., shall pertain to auction activities conducted in the village. (Ord. 2506, 8-16-2004)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376466
3-3-8: REVOCATION OF LICENSE:linklink

In addition to revocation for noncompliance with any provisions of this chapter or any other provisions of this code, all in accordance with section 3-1-5 of this title, an auction or estate sale license may be suspended or revoked, or an application for issuance or renewal of such license may be refused in accordance with the procedures set forth in section 3-1-5 of this title where it is determined:


(A) That the applicant or license holder is not an individual of good character and reputation; or


(B) That the application of the applicant or license holder contains any false, fraudulent, or misleading material statement; or


(C) That the applicant or license holder has made any false, fraudulent, or misleading material statement in the course of conducting an auction or estate sale or in offering for sale any personal property, goods, wares or merchandise in the village; or


(D) That the applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction or estate sale in the village; or


(E) That the applicant or license holder has violated any of the statutes of the state relating to auction, auctioneers, or estate sales, including pertinent provisions of the uniform commercial code; or


(F) That the applicant has been convicted of any felony or misdemeanor involving moral turpitude; or


(G) That the applicant or license holder has conducted an auction or estate sale or offered for sale, any personal property, goods, wares or merchandise in the village in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public; or


(H) That the applicant or license holder has violated the provisions of this code or any other ordinances of the village. (Ord. 2506, 8-16-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41490#s376467