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 name, address and license number of the auctioneer; the hours between which the auction is to be conducted; the location of the auction; and a general description of the goods to be auctioned. As to a special permit, the estimated value of the goods and the date or dates, not to exceed ten, on which the auction shall be held shall also be included.
Within six business days of the filing of an application for a special permit, the local auction permit agent shall either approve the permit subject to stated reasonable terms and conditions relating to public safety as he may establish, or deny the application on stated grounds, which must be reasonable grounds relating to public safety. Failure of an agent to act within the six business day period shall constitute approval of the application. Upon approval, express or implied, the applicant shall tender to the city or town treasurer the permit fee established by said agent, which fee shall be reasonable.
No person shall be eligible for an annual permit unless he maintains a regular place of business for the conduct of auctioneering in the city or town. Said permit shall be issued or denied on the same terms applicable to a special permit, except that an application which is not acted upon within fourteen days of the date of filing with the local auction permit agent shall be deemed approved. Each annual permit issued shall be valid for a term of one year commencing on the date of the express or implied approval of the application therefor. Any applicant for a special or annual permit who is aggrieved by the action of the local auction permit agent on his application shall be entitled to a public hearing by the appointing authority of the agent in accordance with the provisions of chapter thirty A.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Section 2 - Auctioneers; Licenses
Section 3 - Applications for Licenses; Acceptance of License; Service of Process
Section 3a - Written Examination
Section 3b - Licensing of Nonresidents; Exemption From Written Examination
Section 3c - Validity of License; Time Period
Section 4 - Denial of Applications; Hearing; Grounds
Section 5 - Licenses; Issuance
Section 6 - Suspension or Revocation of Licenses; Cancellation; Replacement Licenses
Section 8 - Licensees; Account of Goods Sold; Sales and Use Taxes
Section 9 - Prohibited Practices
Section 10 - Special or Annual Auction Permits
Section 11 - Certain Auctions Not Subject to Chapter
Section 12 - Violations of Chapter; Punishment
Section 13 - Alteration, Amendment or Repeal of Rules and Regulations