Chapter 100

Section 1. In this chapter, the following words and terms, unless the context otherwise requires, shall have the following meanings:— ''Auction'' or ''Public auction'', any sale, coming within its ordinary meaning, by public outcry, including in addition thereto, any sale by publ…

Section 10. No person shall conduct an auction without a special or annual permit issued by the city or town in which the auction is to be conducted. Application for such a permit shall be filed with the local auction permit agent and shall contain the name of the applicant; the …

Section 11. The provisions of this chapter shall not apply to any auction held or conducted by an order or judgment of any court of the commonwealth or of the United States or by any officer of a municipality, county or state of the United States; sales held by sheriffs, deputy s…

Section 12. Any person violating any of the provisions of this chapter may be fined not more than one thousand dollars or by imprisonment for not more than six months, or both.

Section 13. The division may make and, from time to time alter, amend or repeal rules and regulations for the conduct of auctioneers in the commonwealth not inconsistent with this chapter or any other general or special law.

Section 2. Except as otherwise provided, no person shall engage in the business of or act as an auctioneer in the commonwealth, directly or indirectly, either temporarily or as an incident to any other transaction, unless licensed under the provisions of this chapter.

Section 3. Any person desiring to be licensed as an auctioneer shall make written application, under oath, to the deputy director on a form provided by him. Said application shall set forth the name and address of the applicant and of any other person having a financial interest,…

Section 3A. There shall be a written examination process to license auctioneers in the commonwealth. Such examination shall be administered by an independent testing service designated by the deputy director. All fees and costs required for examination shall be paid by the applic…

Section 3B. A nonresident individual may be licensed as an auctioneer upon conforming to all pertinent provisions of this chapter, provided that the division may exempt from the written examination prescribed in section three A an auctioneer duly licensed in any other state of th…

Section 3C. A license shall be valid for a period of one year from the date of issue unless sooner suspended or revoked and shall be renewed by the division annually thereafter without examination, upon payment of the fee prescribed in section three. Applications for renewals of …

Section 4. No license application conforming to the requirements of sections three and three A shall be denied except after a public hearing held by the deputy director in accordance with and subject to the provisions of chapter thirty A. No such application shall be denied excep…

Section 5. Each license issued by the deputy director shall bear a number, shall be valid for one year from the date of its issuance, may be renewed upon application to the deputy director on a form provided by him, shall not be transferable, and may be exercised only by the lice…

Section 6. Prior to its expiration date, a license may be suspended or revoked by the deputy director in accordance with the procedure and on the grounds set forth in section four, or may be terminated by voluntary surrender by the licensee. Upon the expiration, termination or su…

Section 7. The deputy director shall keep on file, in convenient form and open to public inspection, all license applications and copies of licenses issued and shall annually publish a list of names and addresses of all auctioneers licensed by him, and the names of all persons wh…

Section 8. Each licensee shall keep a complete and accurate account of all goods and chattels sold by him, including the names and addresses of the persons from whom they were received. Each licensee shall be responsible for the reporting and collection of sales and use taxes for…

Section 9. No licensee or other person shall: (a) sell or offer for sale at auction goods known by him to be owned by a minor; (b) advertise an auction or goods for sale at an auction in the commonwealth without including the number of the license issued by the deputy director as…