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Home My WebLink AboutORD 1995-140 1994-1996COUNTY OF HAWAII STATE OF HAWAII BILL NO. Iso (DRAFT 6) ORDINANCE N0.95 140 AN ORDINANCE AMENDING CHAPTER 6, OF THE HAWAII COUNTY CODE 1983, (1995 EDITION) BY ADDING A NEW ARTICLE RELATING TO AUCTIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 6, of the Hawaii County Code 1983, is hereby further amended by adding a new article relating to licensing of auctioneers, to be appropriately numbered and to read as follows: "Article 5. Licensing Of Auctioneers Section 6- .Purpose. The purpose of this article is to provide for a licensing mechanism for auctioneers which was eliminated by Act 232 of the 1992 State Legislature, but which is still required in the Federal Bankruptcy Court. Section 6- .Definitions. "Auction" means a sale. offering for sale. or exposing for sale to the highest bidder of any goods wazes, merchandise or other personal property in an auction room. "Auctioneer" means andperson who is licensed by the director pursuant to HRS Chapter 445 and this article. to sell goods. wazes. merchandise or other personal or real propert~at auction. "Director" means the director of finance of the County of Hawaii or the director's duly authorized subordinate(s). Section 6- Exceptions. ~ Nothing contained in this article shall be construed to apply to an~type of auction which is exempt from the requirements ofHRS Section 445-22. Auctions conducted by nonprofit organizations for charitable purooses shall also be exempt from the provisions of this article. Section 6- Applicability. It shall be unlawful for anyperson to sell. offer for sale. or expose for sale at public auction anypersonal ~rooerty without obtaining a license issued by the director in accordance with the terms. conditions and penalties enumerated in HRS Chapter 445 and this article. Section 6- .Fee. The annual fee for a license to sell. offer for sale, or expose for sale any property at auction shall be $100.00. payable to the County of Hawaii. Department of Finance. Section 6- .Authority to conduct auctions. (a) It is unlawful for any,person. other than an auctioneer who has obtained a license, to conduct an auction;~rovided. that the auctioneer may appoint an agent or assistant who may conduct the auction in the auctioneer's Qresence. Where the licensee is a corporation, it shall appoint and desi ang to a person to be its "auctioneer." within the meanin op f this article. (bl The auctioneer- its agent or assistant or if a corporation shall post a cop off the_ license and bond if required in a conspicuous place that is visible and accessible to interested persons at the time of the auction Section 6- .Adverse interest of auctioneer prohibited. Every auctioneer conducting an auction shall in accepting a bid from anv person become the agent of such bidder and remain so until a higher bid is accepted or until the transaction involvin¢ 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. Section 6- Recei is to urchasers re aired. The auctioneer shall igive each purchaser at an auction a receipt with each purchase setting forth: ~ The name and permanent address of the auctioneer The date ~ The price paid for the article_ u The amount of tax paid: fe,~ A description of the article Section 6- Violation -Penalty Anv person violating any provision of this article shall upon conviction be punished ~ a fine not exceedine $500.00. and such person's license to conduct a public auction shall be subject to suspension or forfeiture." SECTION 2. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval, provided that any auction license duly issued by the director of finance pursuant to HRS Chapter 445 prior to the effective date of this ordinance shall be valid for the term of the license. INTRODUCED BY: i~i C C MEMBER, COUNTY OF HAWAII Hilo, Hawaii ~ - . - , . _~ _, Date of Introduction: D f 1 R di November November 15, 15 1995 1995 ~. . ~~ ~ ~ ate o st ea ng: , _. « ti ,; ~._~_ ~ Date of 2nd Reading: Decenber 5, 1995 -~ V ~ ____ r ~ "=! Effective Date: December 12, 1995 ~"" `' 'I D.~o /,C-~l / `~ 2 OFFICE OF THE COUNTY CLERK County of Hawaii REC~I'':'ct,' Hilo Hawaii (D~;~~EC 12 PSI 1 09 Introduced By: Date Introduced: First Reading: Published: REMARKS: Hrian De Lima Novanber 15, 1995 Novanber 15, 1995 Second Reading: To Mayor: Resumed: Effective: Published REMARKS: Decanber 5. 1995 I~cember 7, 1995 Decsnber 12. 1995 Decenber 12, 1995 December 22, 1995 F F I C E '_, ~ ltOi:~ ~~$'IR~E COUNTY Oy,~W I¢goES was Ex Arakaki Bonk-Abramson }{ ~~ X De Lima }{ Domingo }{ Osorio X Rath }{ Ray X Smith X 6 0 3 0 (DRAFT 6) ROLL CALL VOTE AYES NOES ABS EX Arakaki X Bonk-Abramson X i Childs X De Lima X Domingo }[ Osorio X Rath X Ray X Smith X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. l COIIIVCIL CHA RMAN i;%~~ COI.INTY CLERK Approvedthis ~ ~ day R, COIINTY OF WAII BiltNo.: 150 (Draft 6) Reference: C-714/FC-156 Ord Na.: