73-4-27 - Qualifications for auction firm license; termination or suspension of license; additional requirements [Repealed effective July 1, 2010].
§ 73-4-27. Qualifications for auction firm license; termination or suspension of license; additional requirements [Repealed effective July 1, 2010].
(1) No person or party who is not otherwise exempt from licensure under Section 73-34-5 shall sell, or offer to sell, goods or real estate at auction in this state or perform any act for which an auction firm license is required, unless the person or party holds a currently valid license issued by the commission.
(2) Any person who is not otherwise licensed under this chapter and who only provides auction services or holds himself out as providing auction services shall do so only with a valid auction firm license issued under this section.
(3) The commission may grant an auction firm license to an auction firm that is determined to be qualified by the commission. To be eligible for license, the auction firm shall:
(a) Comply with the requirements of Sections 73-4-17 and 73-4-29 and the rules and regulations of the commission; and
(b) Employs a firm manager as required under subsection (5) of this section.
(4) An application submitted under this section for an auction firm license shall list the names of all of the owners, directors, partners or members of the applicant, as applicable.
(5) An auction firm shall designate a firm manager. The firm manager shall have sufficient authority in the operation of the auction firm to ensure compliance with this chapter and rules and regulations of the commission. If the firm manager does not have a current license issued under this chapter, the firm manager must become licensed under this chapter before the commission may issue a license under this section to the auction firm.
(6) An auction firm license issued under this section immediately shall terminate if any of the following occur:
(a) The auction firm ceases to operate as a corporation.
(b) The auction firm changes ownership or there is any change in ownership.
(c) If the auction firm is a partnership, the firm changes the number of partners in the partnership or changes the partners comprising the partnership.
(d) The auction firm changes the firm manager.
(e) The auction firm changes the name under which the firm conducts business.
(f) The auction firm changes its permanent business location.
(7) If the applicant for a firm license maintains more than one (1) place of business within the state, the applicant shall apply for and obtain an additional firm license for each branch office.
(8) A firm license shall automatically be suspended if no licensed auctioneer is engaged in business therein. Such license may be reinstated by the commission for the unexpired term upon proof that a duly licensed auctioneer has been affiliated with the firm.
(9) Any person in this state who for a fee is in the business of managing auctions to the extent such person is responsible for the advertising, consignments, promotion and/or distribution of funds must hold a valid firm license.
(10) In addition to the other requirements contained elsewhere in this chapter, the holder of an auction firm license shall comply with the following:
(a) Enter into a written contract with a licensed auctioneer to call bids prior to the start of any auction sale. A copy of such contract shall be maintained on the premises and available for inspection by the commission.
(b) The firm license and the license of its manager shall be conspicuously posted at the firm location.
(c) Maintain complete records of each sale held at the licensed premises which shall include, but shall not be limited to, consignment receipts, bidder registrations, final settlements with consignors and any other documents relevant to the conduct of the sale. These records shall be maintained for a period of one (1) year from the date of the sale.
(d) Maintain a file on all current and past employees of the auction firm for the previous year. Such file should contain the employee's name, last known address and social security number.
(e) Assume responsibility for all checks, drafts and other negotiable instruments tendered by buyers in payment for goods sold through the auction firm.
(f) Deposit all proceeds from auction sales into the licensee's escrow account and make all disbursements from such escrow account.
(g) The licensee shall make all of his records pertaining to the auction firm available to a member or employee of the commission for inspection upon demand.
Sources: Laws, 1995, ch. 405 § 14; Laws, 2009, ch. 476, § 7, eff from and after July 1, 2009.