§445-22 - Public auction unlawful when.

§445-22 Public auction unlawful when.
It shall be unlawful for any person to sell, offer for sale, or expose for sale
at public auction, any personal property at any place other than in a public
auction room, except:

(1) Household furniture, vehicles, automobiles,
machinery, livestock, and such bulky articles as are usually sold in warehouses
or places other than auction rooms;

(2) Sales made under the direction of any court;

(3) Sales of any personal property belonging to the
State or any county;

(4) A bona fide sale of a stock of merchandise, where
the creditors of the owner thereof are engaged in the legitimate closing out of
the stock;

(5) Sales by hawkers on the street or peddlers from
vehicles;

(6) Sales by persons selling fruit, fish, seafood
products, vegetables, butter, eggs, or other farm or ranch produce; or

(7) A bona fide sale of a stock of merchandise, where
the owner thereof is engaged in a legitimate closing out of the stock and has
been engaged in business at a specified location in the State for not less than
six months immediately preceding the commencement of any such sale; provided
that the owner, before commencing any such sale, shall affix to each article to
be sold a tag designating the article by serial number, and file with the
county treasurer a true and sworn statement containing a detailed list and
inventory of the stock, which statement shall include:

(A) A description of each article to be sold
sufficient to identify the same;

(B) The article's serial number;

(D) The approximate date of the article's
receipt by the owner, if received by the owner not more than ninety days prior
to the date of the statement.

Upon conclusion of sale, the owner shall
immediately file with the treasurer a true and sworn statement containing a
detailed list and inventory of such stock as has been sold at and during the
sale, which statement shall include a description of each article sold
sufficient to identify the same, the article's serial number, and the price
received therefor.

The treasurer, at any time prior to the filing
of the final statement with the treasurer, or within ten days thereafter, shall
require the owner to file with the treasurer the invoices and bills of lading
of any articles in the stock that appear from the preliminary statement to have
been received by the owner within three months prior to the first day of the
sale. The statements, invoices, and bills of lading shall be open to
inspection by any interested person upon application to the treasurer. The
sale at public auction shall be only of the stock on hand at the time of filing
the statement with the treasurer, and the stock shall not be augmented or
replenished in anticipation of the auction sale, or pending or during the sale.
The auction sale shall be held on successive days, Sundays and legal holidays
excepted, and shall not continue for more than thirty days within the period of
one year. Failure to comply with any of the foregoing provisions shall be
deemed prima facie evidence that the sale was not for the legitimate purpose of
closing out the stock.

For the purposes of this chapter, the term
"public auction room" means a place designated by a licensed
auctioneer in the manner set forth in section 445-29, as the place for holding
auction; provided that the treasurer of any county may give a special permit to
any regularly licensed auctioneer to conduct the sale of pictures, paintings,
furniture, books and bric-a- brac, or personal property under foreclosure of
mortgage, at a place other than a public auction room. [L 1923, c 177, pt of
§1; RL 1925, §1974; am L 1925, c 195, pt of §1; am L 1931, c 190, pt of §1; RL
1935, §2418; RL 1945, §7019; am L 1951, c 196, §1; RL 1955, §155-19; HRS
§445-22; gen ch 1985; am L 1993, c 272, §1]