Oklahoma Auction Law

Oklahoma is the nation’s 20th largest state, and it covers 69,903 square miles. Cimarron County is the only county in the U.S. that touches four states: Colorado, New Mexico, Texas and Kansas. Below is the auction law that this state has.

License

Annual license  is required. No person shall act as an auctioneer or merchant auctioneer, or conduct an auction house, without having first obtained the appropriate annual license or a temporary license as provided in this article. In the case of auctioneers and holders of temporary licenses, an additional license is required for each auction conducted.

Each auctioneer may have one assistant on duty who shall not be required to be licensed hereunder to assist in the calling for bids only during the time the licensed auctioneer is in attendance. The licensed auctioneer shall be responsible for any and all acts of this assistant.

The issuance of a license or temporary license to a person under the provisions of this article shall not exempt that person from any other provisions of this Code which require the issuance of a license.

A license as auctioneer shall not give the right to act as merchant auctioneer, but this shall not preclude the employment of regularly licensed auctioneers in the business conducted by merchant auctioneers without any further license by the auctioneer being required so long as he is conducting sales for a licensed merchant auctioneer. A merchant auctioneer shall be required to have a license for each location at which he conducts an auction house. Any person licensed as a merchant auctioneer shall not be required to obtain any other auctioneer’s license.

Requirements

An applicant for license or a temporary license under this article shall furnish the Supervisor of Licenses with the following:

  • Full legal name of the applicant and any aliases the applicant has been known by.
  • All residence and business addresses the applicant has had in the two years immediately preceding the date of the application.
  • The length of time for which the license or permit is desired and the location at which the auction or auction house shall be conducted.
  • A statement as to whether or not the applicant holds or has held any similar license or permits from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever suspended or revoked an auctioneer’s license held by the applicant, together with a full and accurate statement as to the reasons for any suspensions or revocation.
  • A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance, and, if so, the nature of the offense and the punishment or penalty assessed therefore.
  • A photograph of any new applicant, taken within 60 days immediately prior to the date of the filing of the application. The picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. The Supervisor of Licenses may waive this requirement with respect to an application for a temporary license or renewal of an auctioneer’s license.
  • The fingerprints of any new applicant and the names of at least two reliable property owners of the City who will certify as to the applicant’s good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility.

Bond

Before any license provided for under this article shall be issued, the applicant shall file with the Supervisor of Licenses a good and sufficient bond running in favor of the City in the sum of $1,000.00 executed by a surety acceptable and approved by the Supervisor of Licenses.

The bond shall be conditioned that the applicant shall faithfully comply with this Code and the laws of the State now and hereafter in force concerning auctions and auctioneers, and that he will pay all damages suffered by any person on account of any violation of such laws or resulting in whole, or in part, from any misrepresentation or suppression of material fact pertaining to any auction which may be conducted by the applicant, or pertaining to any goods, wares, merchandise, or other personal property that may be offered by the applicant at auction.

The Supervisor of Licenses is hereby authorized to grant or renew an auctioneer’s or merchant auctioneer’s license for any period as provided but not exceeding one year, to any person applying therefor who otherwise complies with the applicable requirements and qualifications for the same.

Before issuing or renewing any license, the Supervisor of Licenses may conduct an investigation as may reasonably be necessary to determine whether or not the applicant possesses the character and qualifications as required.

Denial of License

Any license issued under this article may be revoked or any application for issuance or renewal of such license may be refused by the Supervisor of Licenses if he determines that the applicant or license holder:

  • Not a person of good moral character and business responsibility.
  • Has submitted an application which contains any false, fraudulent, or misleading material statement.
  • Has made any false, fraudulent, or misleading material statement concerning an auction sale which he has conducted in the City.
  • Perpetrated a fraud upon any person whether or not the fraud was perpetrated in the conduct of an auction in the City.
  • Violated any of the statutes of the State relating to auctions or auctioneers.
  • Has been convicted of any crime involving moral turpitude.

Prohibited Acts

  • No person shall conduct an auction sale of goods, wares, merchandise, or personal property upon any public street, sidewalk, alley, or other public property, unless properly authorized.
  • No person shall sell or offer or expose for sale at auction, any goods, wares, merchandise, or personal property within 24 hours after the filing of the copy of the inventory herein provided for with the Supervisor of Licenses.
  • No person licensed under this chapter, or manager, clerk, or employee thereof, shall represent any goods, wares, merchandise or any other personal property to be of superior or better grade, quality, quantity, standard or carat than the goods, wares, or merchandise really are, or sell or offer the same for sale on such misrepresentation.
  • No person licensed under this chapter shall directly or indirectly engage or employ or knowingly permit any person to make fictitious bids.

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