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§ 6-32 H AWAI‘I C OUNTY C ODE “Auctioneer” means any person who is licensed by the director pursuant to chapter 445, Hawai‘i Revised Statutes, and this article to sell goods, wares, merchandise or other personal or real property at auction. “Director” means the director of finance of the County of Hawai‘i or the director’s duly authorized subordinate(s). (1995, ord 95-140, sec 1.)6-32 Section 6-33. Exceptions. (a) Nothing contained in this article shall be construed to apply to any type of auction which is exempt from the requirements of section 445-22, Hawai‘i Revised Statutes. (b) Auctions conducted by nonprofit organizations for charitable purposes shall also be exempt from the provisions of this Article. (1995, ord 95-140, sec 1.) 6-33 Section 6-34. Applicability. It shall be unlawful for any person to sell, offer for sale or expose for sale at public auction any personal property without obtaining a license issued by the director in accordance with the terms, conditions and penalties enumerated in chapter 445, Hawai‘i Revised Statutes and this article. (1995, ord 95-140, sec 1.) 6-34 Section 6-35. Fee. The annual fee for a license to sell, offer for sale or expose for sale any property at auction shall be $100, payable to the County of Hawai‘i, department of finance. (1995, ord 95-140, sec 1.) 6-35 Section 6-36. Authority to conduct auctions. (a) It is unlawful for any person, other than an auctioneer who has obtained a license, to conduct an auction, provided that the auctioneer may appoint an agent or assistant who may conduct the auction in the auctioneer’s presence. Where the licensee is a corporation, it shall appoint and designate a person to be its “auctioneer” within the meaning of this article. (b) The auctioneer, its agent or assistant or if a corporation shall post a copy of the license and bond, if required, in a conspicuous place that is visible and accessible to any interested persons at the time of the auction. (1995, ord 95-140, sec 1.) 6-36 Section 6-37. Adverse interest of auctioneer prohibited. Every auctioneer conducting an auction shall, in accepting a bid from any person, become the agent of such bidder and remain so until a higher bid is accepted or until the transaction involving the bid is completed. The auctioneer must disclose publicly to all prospective buyers any proprietary interest that the auctioneer has in any personal or real property to be sold at the auction. (1995, ord 95-140, sec 1.) 6-37 SUPP. 14 (7-2023) 6-6