Chapter 343Public Auctioneers
343.010. 1. No person shall exercise the trade or business of a public auctioneer by selling any goods, property or real estate, without a license.
2. "Auctioneer", as used in section 150.380 and sections 343.010, 343.070 to 343.105 is one who sells goods, merchandise, or property of any kind, at public or private auction, for another person, and who receives any commission or compensation of any kind for conducting such sale; but not including one who conducts such a sale by or under the jurisdiction of any court, or pursuant to any judicial judgment or order, or any foreclosure sale of real estate, and not including any owner of any goods, merchandise or property of any kind, who himself conducts such sale.
County clerk to issue license forms.
(RSMo 1939 § 14912, A.L. 1978 H.B. 1170)
Prior revisions: 1929 § 13718; 1919 § 10360; 1909 § 1048
343.030. The clerks of the respective county commissions shall issue, at each term, as many blank auction licenses for ten days, and for one, three, six and twelve months, respectively, as requested.
Authority granted by license.
(RSMo 1939 § 14914, A.L. 1978 H.B. 1170)
Prior revisions: 1929 § 13720; 1919 § 10362; 1909 § 1050
343.040. The licenses shall be under the seals of the respective county commissions, signed by the clerk, and shall authorize the persons to whom granted to exercise the trade and business of auctioneers, by selling any property, real or personal, by auction within the county for the period of time specified in such license.
Blanks to county collectors--record of charges.
(RSMo 1939 § 14915)
Prior revisions: 1929 § 13721; 1919 § 10363; 1909 § 1051
343.050. The clerk shall deliver the blank licenses so issued to the collector of the counties, respectively, and charge them with the amount thereof, in a book to be kept for that purpose.
County commission to settle with collector, when.
(RSMo 1939 § 14916)
Prior revisions: 1929 § 13722; 1919 § 10364; 1909 § 1052
343.060. The county commission shall, at every term, settle with the collector for all blank licenses delivered to him and not before accounted for, and give him credit for all blank licenses returned, and charge him with all not returned; and, as soon as may be, the clerk shall, under the direction of the county commission, certify to the state auditor the amount with which each collector stands charged, who shall charge such collector therewith.
Collector to issue licenses.
(RSMo 1939 § 14917)
Prior revisions: 1929 § 13723; 1919 § 10365; 1909 § 1053
343.070. Each collector shall grant to any person, upon application and upon compliance with the requirements of this chapter, an auction license for ten days, or for one, three, six or twelve months, and for that purpose fill up and countersign one of the blank licenses received from the clerk.
License--rate--deposited in county general revenue fund.
(RSMo 1939 § 14918, A.L. 1978 H.B. 1170)
Prior revisions: 1929 § 13724; 1919 § 10366; 1909 § 1054
343.080. 1. There shall be levied upon every license, to be paid to the county clerk before the delivery thereof, 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.
2. An auctioneer license issued in any county of this state shall be valid in each county of this state during the period for which it is issued.
3. All fees imposed by this section shall be paid into the county general revenue fund.
(RSMo 1939 § 14919, A.L. 1955 p. 654, A.L. 1978 H.B. 1170, A.L. 1981 S.B. 105)
Prior revisions: 1929 § 13725; 1919 § 10367; 1909 § 1055
343.090. In each case of a license delivered, there shall be paid to the county clerk two dollars as an issuance fee to the clerk. The fee shall be paid into the county's general revenue fund.
Nonresidents to be licensed.
(RSMo 1939 § 14920, A.L. 1978 H.B. 1170)
Prior revisions: 1929 § 13726; 1919 § 10368; 1909 § 1056
343.100. No person shall be permitted to sell goods or property* of any kind at auction unless he shall have resided in this state six months next preceding the time of making application for license. Except that any nonresident individual may be granted a license to engage in auctioneering in this state upon application and payment of the appropriate fees set out in this chapter.
(RSMo 1939 § 14921, A.L. 1978 H.B. 1170)
Prior revisions: 1929 § 13727; 1919 § 10369; 1909 § 1057
*Words "at auction" appear here in original rolls.
343.250. Every person who shall violate any of the provisions of this chapter is guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than twenty nor more than five hundred dollars, and shall 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. After January 1, 1979, every person who shall violate any of the provisions of this chapter is guilty of a class C misdemeanor and shall 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.
(RSMo 1939 § 14936, A.L. 1978 H.B. 1170)
Prior revisions: 1929 § 13742; 1919 § 10384; 1909 § 1072