Missouri Revised Statutes

Chapter 343
Public Auctioneers

August 28, 2013




Auctioneers must have license--auctioneer defined.

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.

(RSMo 1939 14912, A.L. 1978 H.B. 1170)

Prior revisions: 1929 13718; 1919 10360; 1909 1048



County clerk to issue license forms.

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.

(RSMo 1939 14914, A.L. 1978 H.B. 1170)

Prior revisions: 1929 13720; 1919 10362; 1909 1050



Authority granted by license.

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.

(RSMo 1939 14915)

Prior revisions: 1929 13721; 1919 10363; 1909 1051



Blanks to county collectors--record of charges.

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.

(RSMo 1939 14916)

Prior revisions: 1929 13722; 1919 10364; 1909 1052



County commission to settle with collector, when.

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.

(RSMo 1939 14917)

Prior revisions: 1929 13723; 1919 10365; 1909 1053



Collector to issue licenses.

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.

(RSMo 1939 14918, A.L. 1978 H.B. 1170)

Prior revisions: 1929 13724; 1919 10366; 1909 1054



License--rate--deposited in county general revenue fund.

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



Clerk's fee.

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.

(RSMo 1939 14920, A.L. 1978 H.B. 1170)

Prior revisions: 1929 13726; 1919 10368; 1909 1056



Nonresidents to be licensed.

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.



Penalties.

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

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