Legal Documents of Gatlinburg

It shall be unlawful for any person, firm or corporation conducting a public or private auction of personal property to commit any of the following violations:

1. Mislead the public as to the reason or purpose for holding said auction by any type or method of advertisement, or inducement.
2. To offer for sale or to sell at any auction held for the purpose of "going out of business" any merchandise other than merchandise in stock at the time of commencement of said auction.
3. To have an agent or other person, designated by whatever title or in whatever manner, to sit in the audience and support the bids by making bids for the sole purpose of maintaining a high bid level and not as a bona fide offer to buy.
4. To mislead the public by false, fraudulent, or negligent advertising concerning the quality of goods sold.
5. To hold any auction other than between the hours of 8:00 A.M. and 10:00 P.M.
6. To make any false representations or statements as to the ownership of, character or circumstances of the owner, or pretended owner of such property for the purpose of inducing the sale thereof.
7. To falsely advertise, state or represent that such goods, wares, and merchandise are in whole, or in part, a bankrupt or insolvent stock, or damaged goods saved from fire, or to make any false statement, representation or advertisement as to the purchase, history or character of such goods, wares, or merchandise.
8. To substitute any article in lieu of that described and offered to and purchased by the bidder.
9. To represent and/or sell as new or unused merchandise any second hand or used merchandise.
10. To alter, transfer, lend or sell, or rent out any permit issued under this chapter or to use any permit not issued to the person so using.
11. To conduct an auction sale covered by this chapter after the expiration of the permit issued or after the revocation or suspension of such permit.
12. To hold an auction at any time, at any place, or in any manner other than that prescribed in the permit.
13. To hold an auction in which property is sold or offered for sale by any auctioneer other than one of the auctioneers named in the application for the permit.
14. To hold any auction without fully complying with all statutes and ordinances concerning license fees, zoning, and privilege taxes.
15. To make any false statement or any misleading statement, either oral or written, as to the kind, quality or nature of any article sold or offered for sale.
16. To conduct an auction sale on any streets, sidewalks or public property.
17. To conduct an auction sale in such manner that those participating or attending the auction sale are likely to occupy the sidewalks or streets in the vicinity of the place where the auction sale is being held.
18. To sell any article for more than $25.00 without giving the purchaser a written invoice containing a description of the article sold and the selling price.
19. To refuse to allow any duly authorized official or representative of the City of Gatlinburg during business hours or at any other reasonable time, to examine any records required by this chapter in connection with said auction, or to examine the property offered or to be offered for sale, or to attend any auction sale while the same in going on.
20. For the applicant to fail to be in continuous attendance at all times during the auction sale.
21. To assign or attempt to assign his auction permit to another person.
22. To fail to display conspicuously and continuously the permit for auction sale at the location where the auction is being conducted. (1976 Code, § 5-606)