Missouri Auction Law

Missouri is a state in the Midwestern region of the United States. With more than six million residents, it is the 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Springfield and Columbia; the capital is Jefferson City. The state is the 21st-most extensive in area. Missouri is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee (via the Mississippi River) to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center of the state into the Mississippi River, which makes up Missouri’s eastern border.

Missouri’s culture blends elements from the Midwestern and Southern United States. The musical styles of ragtime, Kansas City jazz and St. Louis blues developed in Missouri. The well-known Kansas City-style barbecue, and the lesser-known St. Louis-style barbecue, can be found across the state and beyond. Missouri is also a major center of beer brewing; Anheuser-Busch is the world’s largest producer. Missouri wine is produced in the Missouri Rhineland and Ozarks. Missouri’s alcohol laws are among the most permissive in the United States. Outside of the state’s major cities, popular tourist destinations include the Lake of the Ozarks, Table Rock Lake and Branson.

Public auctioneer—License—Required

It shall be unlawful for any person to sell, dispose of, or offer for sale at public auction within the City, or cause or permit to be sold, disposed of or offered for sale at public auction within the City, or in any other manner to carry on the business of selling at public auction, any property, whether the same shall be his own property or the property of others, without first complying with the provisions of this chapter and obtaining a license as a public auctioneer, provided, that this section shall not apply to judicial sales or sales made by executors or administrators. 

Any person desiring to dispose of any property by public auction shall make a written application to the License Collector of the City and incorporate in this application the following particulars: 

  1. Name and address of applicant; firms, corporations and associations shall give place where organized or incorporated; 
  2. Length of time applicant has been a resident of Missouri; 
  3. Length of time applicant has been in business in the City as a licensed public auctioneer, or as a licensed auction crier, or retail or wholesale merchant of any property; 
  4. Time and place of any public auction sales applicant may have conducted in the City within two years prior to date of application; 
  5. Names and addresses of persons in applicant’s regular employ whom he desires to be licensed as his auction criers; 
  6. General description of goods, wares and merchandise to be disposed of at public auction, and the name and address of the owner or owners; 
  7. Streets and numbers where auctions are to be held; 
  8. Oath or affirmation to the truth of the statements made in the application; 
  9. That all of the conditions, obligations, and requirements contained in Ordinance 54850, dealing with a written statement issued jointly by the collector of revenue and the License Collector concerning payment of personal property and/or earnings tax have been satisfied. 

Public auctioneer—License fees.

Pursuant to RSMo 343.080, as amended, there is hereby levied upon every auctioneer license, a fee as follows: 

  1. On each license for one month, ten dollars; 
  2. On each license for three months, twenty dollars; 
  3. On each license for six months, thirty dollars; 
  4. On each license for twelve months, fifty dollars. 

Public auctioneer—License issuance fee.

Pursuant to RSMo 343.090, as amended, there is hereby levied an issuance fee of two dollars on each auctioneer’s license delivered. The fee shall be paid into the City’s general revenue fund. 

Auction crier—License required.

No person during the course of any public auction of any property shall act as auction crier and shall sell, offer to sell, ask or solicit bids by public outcry without first obtaining a license as an auction crier; provided, however, that no person shall be licensed as an auction crier except upon the written application of a duly licensed public auctioneer. 

Auction crier—License application.

Before any license shall be issued to any auction crier, he shall make written application for same to the License Collector, giving his name and address, his business or occupation during the same year preceding his application, and shall make oath or affirmation to the truth of the statements in his application. This application must be signed by the public auctioneer regularly employing such applicant as auction crier. 

Auction crier—License issuance—Separate.

Whenever any applicant shall present an application to the division under the provisions of Section 8.18.080, signed as required and giving the information above described, together with such other information as the License Collector may require, and pay the license fee, and if the License Collector shall be satisfied as to the applicant’s qualifications and moral character, he shall issue to the applicant a license as an auction crier for the public auctioneer signing his application. Any person licensed as an auction crier shall be prohibited from acting as an auction crier for any other public auctioneer without first taking out a new license for that purpose. 

Standard for issuance or revocation of license.

A public auctioneer’s or auction crier’s license may be revoked or an application for issuance or renewal of such license may be refused if the License Collector determines sufficient cause after notice and hearing before the License Collector. The service of such notice shall not be less than three days prior to the time fixed therein for the hearing. The applicant or licensee against whom such complaint is made shall have an opportunity to be heard in answer to such complaint, and at the time specified in such notice, and to make defense thereto. 

Sufficient cause for revocation or non-issuance or renewal of a license shall include: 

  1. The applicant or licenseholder is not an individual of good moral character and business responsibility; or 
  2. That the application of the applicant or licenseholder contains any false, fraudulent, or misleading material statement; or 
  3. That the applicant or licenseholder has made any false fraudulent, or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property in St. Louis County; or 
  4. That the applicant or licenseholder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City; or 
  5. That the applicant or licenseholder has violated any of the statutes of the State of Missouri or the Revised Code of the City relating to auctions or auctioneers; or 
  6. That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or 
  7. That the applicant or licenseholder has conducted an auction sale of, or offered for sale at auction, any real or personal property in St. Louis 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. 

Penalties

Every person who shall violate any of the provisions of this Chapter 8.18 of the Revised Code of the City, as amended, or any of the provisions of r RSMo 343 (1969), as amended, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than twenty dollars or more than five hundred dollars, and shall thereafter be disqualified from exercising the rights or pursuing the business of an auctioneer for a period of one year from the date of his conviction. 

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