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eBay Drop-off Store: U.S. State Licensing Issues

In April 2005, EcommerceBytes wrote an article about how eBay drop-off stores in the United States could comply with government regulations. (http://www.ecommercebytes.com/cab/abu/y205/m04/abu0140/s03 ). Since then, things haven't gotten any easier. Some states require storeowners to be licensed auctioneers, others treat the stores as pawnshops or consignment stores. Not only must storeowners comply with state laws, they are sometimes confronted with local regulations as well. Some states look to laws that predate the Internet, and in other states, politicians are introducing new legislation, sometimes in reaction to complaints by drop-off store competitors, such as pawnshop owners.

Kathy Greer, Senior Editor of Unravel the Gavel newspaper (http://www.thegavel.net), tackled this issue for AuctionBytes in May 2007, undertaking an ambitious project to compile a chart of applicable state regulations as far as could be determined. She contacted government agencies in all 50 states to try and nail down the exact laws.

Please consider this table a guide to help you do your research - do not rely on the chart to make business decisions, as things change quickly and are even subject to interpretation. Legal counsel is recommended to help you navigate these murky waters. Another resource is eBay's guide to Auctioneering Regulation (http://digbig.com/4dbpk). Kathy Greer's caveats are located at the bottom of the chart.

Alabama According to Keith E. Warren, Exec. Dir. Of the Alabama State Licensing Board, they are awaiting an opinion from the state Attorney General’s office on whether or not they have jurisdiction over eBay (and other online) drop off stores regarding requiring an auctioneer’s license. Alabama State Board of Auctioneers
Mr. Keith E. Warren, Executive Director
610 South McDonough Street
Montgomery, AL 36104
Phone: 334-269-9990
www.auctioneer.state.al.us
Alaska An auctioneer's license is not required for the state of Alaska. However, business license requirements may apply. Department of Commerce, Community and Economic Development
Division of Occupational Licensing
Rick Urion, Director
P.O. Box 110806
Juneau, AK 99811
Phone: 907-465-2534
Arizona An auctioneer's license is not required for the state of Arizona. However, requirements for transaction privilege (sales) tax must be met. A license application can be obtained by writing the Arizona Department of Revenue. You may access statutes, rules, rulings at www.azdor.gov Arizona Department of Revenue
License and Registration Section
1600 W. Monroe
Phoenix, AZ 85007
Phone: 602-542-4576
800-634-6494, toll-free in state
www.revenue.state.az.us

Arizona Department of Real Estate
Connie Johnson, Deputy Director of Licensing
2910 N. 44th St., Suite 100
Phoenix, AZ 85018
Phone: 602-468-1414 ext. 315
www.re.state.az.us
Arkansas Still waiting to hear from the Chairman of the Board 501 868 4877 Arkansas Auctioneers Licensing Board
Kristy Arnold, Secretary/Treasurer
101 E. Capitol, Suite 112B
Little Rock, AR 72201
Phone: 501-682-1156
Fax: 501-682-1158
Kristy.arnold@arkansas.gov
California An auctioneer license is not required in the state of California. As of September 1992, the Auctioneer Commission formerly under the California Department of Consumer Affairs was eliminated. Currently there is no state agency that regulates or issues licenses to Auctioneers or auction companies. Individual counties may require a license. PENDING LEGISLATION: Legislation to license online sellers as PAWNBROKERS has been introduced several times in the past few years and it is anticipated that such a House Bill will be reintroduced again. Office of the Secretary of State
Kevin Shelley, Secretary of State
1500 11th Street
Sacramento, CA 95814
Phone: 916-653-6814
www.ss.ca.gov

Department of Real Estate
Enforcement Division
PO Box 187000
Sacramento, CA 95818-7000
Phone: 916-227-0864
Fax: 916-227-0863
www.dre.ca.gov
Colorado An Auctioneer's license is not required for the state of Colorado Division of Real Estate
Fran Winston, Chief of Enforcement
1900 Grant St., Suite 600
Denver, CO 80203
Phone: 303-894-2166
Fax: 303-894-2683
www.dora.state.co.us/real-estate.
Connecticut A general Auctioneer’s license is not required in the state of Connecticut. There may be licensing requirements for some cities throughout the state. Auctioneers do not need a license from the Department of Consumer Protection. However, if they are selling upholstered furniture or bedding they still would require a second-hand dealers license and sterilization permit from the Department. Contact the DCP Product Safety Unit at (860) 713-6115 Trade Practices Division of the Department of Consumer Protection
Richard Maloney, Director
165 Capitol Avenue
Hartford, CT 06106
Phone: 860-713-6100
http://www.ct.gov/dcp
Delaware Angela Moffet said, "this information may help":
http://www.revenue.delaware.gov/
services/Business_Tax/Internet_Sales.shtml

An auctioneer is not required to hold a real estate license according to Chapter 29, Title 24 of the Delaware Code. If the brick and mortar store is in Delaware, then the center would need a Delaware business license."

Division of Revenue
820 N. French Street
Wilmington, DE 19801
Phone: 302-577-8778 ext. 8522
www.state.de.us/revenue
District of Columbia Ebay drop off centers such as QuickDrop which strictly sell at online auction do not need to obtain an auctioneer’s license. However, you must register with the Office of Tax and Revenue and the Corporations Division. In addition, you may be contacted for an interview with the Metropolitan Police Department. Department of Consumer and Regulatory Affairs
941 North Capitol Street, NE, Suite 1100
Washington, DC 20002
Phone: 202-442-4311
http://mblr.dc.gov/
information/bbl/index.asp
Florida Waiting Florida Board of Auctioneers
Anthony B. Spivey, Executive Director
1940 N. Monroe Street
Tallahassee, FL 32399
Phone: 850-487-1395
www.MyFloridaLicense.com/dbpr
Georgia I have been unable to obtain a direct answer, yes or no. On my last phone call on 5/10/07 I was referred to the Licensing Board’s website at http://www.sos.state.ga.us/plb/auctioneer

Reading the licensing law at this website, it is open for interpretation, but clearly could be construed based on being paid a fee or commission, that someone selling for another at online auction, particularly if their business uses the word Auction in their name, could be required to obtain an auctioneer’s license. I should point out the Penalty Fee for Practicing as an Auctioneer Prior to Licensure (In addition to the license fee) $250.

Georgia Auctioneers Commission
Steve Lindsey, Executive Director
237 Coliseum Drive
Macon, Georgia 31217-3858
Phone: 478-207-1460
Fax: 478-207-1468
Hawaii An auctioneer's license may be required in some cities or counties in which the auctioneer operates. Check your city or county offices for more information. Annual license fees may vary by city or county. Professional and Vocational Licensing (PVL)
P.O. Box 3469
Honolulu, HI 96801
Phone: 808-586-3000
Email: pvl@dcca.hawaii.gov
Email: pvlexam@dcca.hawaii.gov

City and County of Honolulu
Customer Service
P.O. Box 30310
Honolulu, Hawaii 96820
(808)733-2540

Idaho Auctioneers are not licensed in the state of Idaho. This state does have VERY STRICT rules regarding real estate sales. Idaho Real Estate Commission
633 N 4th Street
PO Box 83720
Boise, ID 83720-0077
Phone: 208-334-3285
Toll Free in Idaho: 866-447-5411
Fax: 208-334-2050
www.idahorealestatecommission.com

www.accessidaho.org

www.irec.idaho.gov/
guides/guideline22-05.pdf
Illinois The State of Illinois classifies online sellers who provide services for others as IALS (Internet Auction Listing Services) and requires a special license with an annual fee: http://www.ilga.gov/commission/
jcar/admincode/068/068014400D04800R.html

 

Go here to read the rules announced in 2004: http://www.idfpr.com/dpr/re/NEWS/IALSReg.asp

Illinois Department of Financial and Professional Regulation (IDFPR)
Division of Banks and Real Estate
500 East Monroe Street
Springfield, IL 62701-1509
Phone: 217-782-3000
877-793-3470 Toll Free Consumer Hot Line
www.idfpr.com
Indiana The Indiana auctioneer statute and rules do not currently address internet auctions.

Thanks,
Deborah Widemon, Board Director
Indiana Auctioneer Commission
Phone - (317) 234-3040 Fax - (317) 233-4236

Indiana Professional Licensing Agency
302 W. Washington St., Room E034
Indianapolis, IN 46204-2700
Iowa A general auctioneer’s license is not required in the state of Iowa. There may be licensing requirements for some cities throughout the state. Access city information: http://www.iowa.gov/state/main /livingcities.html.

However, if an auctioneer is selling livestock or animals, there is a state licensing requirement and should contact the Animal Industry Bureau within the Department of Agriculture for more information.
Iowa Department of Agriculture & Land Stewardship
Animal Industry Bureau
Patty Judge, Secretary
Wallace Building - 502 East 9th Street
Des Moines, IA 50319
Phone: 515-281-7583
www.agriculture.state.ia.us
Kansas An auctioneer's license is required in the state of Kansas only for new goods, wares and merchandise (unless such person is the owner of such new goods) not previously sold at retail. State license laws apply only to the sale of new goods, wares or merchandise. Counties and cities may require licenses. The state of Kansas requires a bond three times cost to the vendor of the new goods, wares or merchandise proposed to be offered. (K.S.A. 58-1018) Office of the Attorney General
Phill Kline, Attorney General
120 SW 10th Avenue
Topeka, KS 66612
Phone: 785-296-2215
Kansas Web Site: www.kansas.gov
www.kslegislature.org/
cgi-bin/statutes/index.cgi

(go to chapter 58, article 10)
Kentucky Janet McWilliams, KY Board of Auctioneers: Pawn shops or brokers (as used in KY) are licensed by individual counties/districts/cities with a business license. Drop off stores are not believed to be in that definition. The KY Board of Auctioneers does not require drop off stores to be licensed - BUT they cannot use common auction terminology. Just as eBay is trying to get the assistants to discontinue using auction phrases. If auction terminology is used, we write a letter requesting to cease using auction terminology in their advertisements. Kentucky Board of Auctioneers
Janet McWilliams, Administrative Director
9112 Leesgate Road, Suite 5
Louisville, KY 40222
Phone: 502-429-7145
Fax: 502-449-7147
http://auctioneers.ky.gov
Louisiana No auction license is required. A spokesperson from the board stated: "It is not our jurisdiction." Louisiana Auctioneers Licensing Board
8017 Jefferson Highway, Suite A-2
Baton Rouge, LA 70809
Phone: 225-922-2329
Maine Online sellers are exempted from licensure see 32 M.R.S.A. 286, sub-8:

8. (TEXT EFFECTIVE UNTIL 5/15/07) Contracted Internet services. This chapter does not apply to an individual who takes possession of goods pursuant to a contract for the exclusive purpose of selling those goods over the Internet, unless otherwise licensed under this chapter. The May 15, 2007 Sunset date has been removed (bill passed in Maine legislature last week of April, 2007) and will no longer be part of this section.

Department of Professional & Financial Regulation
Board of Licensing of Auctioneers
Deborah A. Fales
#35 State House Station
Augusta, ME 04333-0035
Phone: 207-624-8521
Maryland Maryland State government does not issue licenses specifically for auctioneers. However, auctioneers are required to register with the State and County Government under certain conditions: A company conducting business in Maryland must register with the Department of Assessments and Taxation. If the company is located outside of Maryland, they would register as a foreign company doing business in Maryland. Auctioneers should contact the Clerk of the Circuit Court in each Maryland County in which auctions are conducted to determine if the auctioneering business may need business licenses from any of the Clerk’s Offices. Maryland Department of Business and Economic Development
217 East Redwood Street
Baltimore, Maryland 21202
Phone: 410-767-6799
888-ChooseMD - 888-246-67363
www.blis.state.med.us

Department of Assessments and Taxation
(410) 230-1184

Labor License & Regulation
(410) 230-6271

Massachusetts Massachusetts Auction Laws only pertain to live auctions. ‘We do not regulate nor require a license for on-line auctions. A Pawnbrokers license is a local license mandated by state law but issued at the local level by whatever city or town you’re doing business in. If any further questions feel free to contact me." Massachusetts Division of Standards
Donna Cosco
One Ashburton Place, Room 1115
Boston, MA 02108
Phone: 617-727-3480 ext. 21134
Email: donna.cosco@state.ma.us
Michigan An auctioneer's license is not required for the state of Michigan. However, some cities and/or counties may require a license. Contact your city/county offices for more information. (Michigan has had three bills that have been introduced to license auctioneers (not just online). None of them have made it out of committee.) Department of Labor and Economic Growth
Bureau of Commercial Services
P.O. Box 30243
Lansing, MI 48909
Phone: 517-241-9232
Fax: 517-373-1044
www.michigan.gov/cis/
0,1607,7-154-10557_12992---,00.html

www.mi.gov/realestate
Minnesota An auctioneer's license is required in some counties throughout the state of Minnesota. The license shall be issued by the county auditor and shall authorize the licensee to conduct the business of an auctioneer in the state of Minnesota for the period of one year. Check with the Small Business Assistance Office at 651-296-3871 to determine if you are required to obtain a license, either auctioneer’s or pawnbrokers. Minnesota Secretary of State
Minnesota Attorney General
445 Minnesota St., Ste. 1400
St. Paul, MN 55101
Phone: 651-296-3353
www.revisor.leg.state.mn.us/stats/330/
Mississippi I am still waiting for someone from this commission to return my phone calls and emails. Mississippi Auctioneers Commission
P.O. Box 5088
Jackson, MS 39296-5088
Phone: 601-364-2384
Fax: 601-364-2387
Missouri An auctioneer's license is not required in the state of Missouri. However, a license may be required in some cities or counties in which the auctioneer operates. Check your city and county offices for more information. Annual license fees vary by city or county.   Real time auctioneers are required to get a Sales Tax License from the Sales Tax Bureau. Online auction businesses should check with their city or county clerk. Appropriate County Clerk
or
Missouri Division of Professional Registration
3605 Missouri Boulevard
PO Box 1335
Jefferson City, MO 65102-1335
Phone: 573-751-0293
www.pr.mo.gov

Sales Tax Bureau
Phone: 573-751-2836

Montana An auctioneer's license is not required by the state of Montana; however, towns and cities may individually tax, license and regulate auctioneers. Check your city or county offices for more information. Department of Revenue
Mary Ann Gregory, Program Assistant
Business Licensing Information Center
1424 Ninth Avenue
Helena, MT 59620
Phone: 406-444-0449
Fax: 406-444-1872

Business and Occupational Licensing Bureau
301 South Park, Room 430
PO Box 200513
Helena, MT 59620-0513
Phone: 406-841-2300
Fax: 406-841-2309
Nebraska An auctioneer's license is not required in Nebraska unless the auctioneer is selling motor vehicles, which requires a Motor Vehicle Auction Dealer's license. Nebraska Motor Vehicle Industry Licensing Board
Nebraska State Office Building - 1st floor SW
301 Centennial Mall South
P. O. Box 94697
Lincoln, NE 68509
OFFICE: (402) 471-2148
FAX: (402) 471-4563
http://mvdealerbd.ne.gov/index.html

Nebraska Real Estate Commission
Les Tyrrell, Director
P.O. 94667
Lincoln, NE 68509-4667
Phone: 402-471-2004
www.nrec.state.ne.us

Nevada An auctioneer's license is not required for the state of Nevada. A Pawnbrokers license may be required! Real Estate Division
Susan Clark, Real Estate Division Licensing Manager
2501 East Sahara, Suite 102
Las Vegas, NV 89104
Phone: 702-486-4033 ext. 237
Fax: 702-486-4275
www.red.state.nv.us
New Hampshire Online sellers MAY be required to obtain an auctioneer’s license. The NH Board of Auctioneers has stated: Persons selling property or merchandise, real or otherwise, for another (ie, not your own property or belongings) for a fee or commission are required to obtain an Auctioneer’s License. We also know of at least one city where the local police chief has informed an online seller (this was a drop shop/consignment eBay store) that they must comply with the state Pawnbroker’s laws; ie, hold merchandise for 30 days, obtain driver’s licenses, etc. This case is still pending. New Hampshire Board of Auctioneers
Kaley Dion, Secretary
State House, Room 204
107 N. Main St.
Concord, NH 03301
Phone: 603-271-3242
Fax: 603-271-6316
Email: kdion@sos.state.nh.us
www.nhes.state.nh.us/
New Jersey An auctioneer's license is not required for the state of New Jersey. New Jersey Real Estate Commission
20 West State Street
P.O. Box 328
Trenton, New Jersey 08625-0328
Phone: 609-292-8280
Fax: 609-292-0944
New Mexico According to the New Mexico Regulation and Licensing Dept.: If you are doing business in New Mexico, you must be registered with our department and obtain a New Mexico Tax ID number.

7-9-66. DEDUCTION--GROSS RECEIPTS TAX--COMMISSIONS.--

A. Receipts derived from commissions on sales of tangible personal property which are not subject to the gross receipts tax may be deducted from gross receipts.

B. Receipts of the owner of a dealer store derived from commissions received for performing the service of selling from the owner's dealer store a principal's tangible personal property may be deducted from gross receipts.

C. As used in this section, "dealer store" means a merchandise facility open to the public that is owned and operated by a person who contracts with a principal to act as an agent for the sale from that facility of merchandise owned by the principal.

(Laws 1999, Chapter 169, Section 1)

3.2.225.11 - AUCTIONEERS
The receipts of an auctioneer selling property, on a commission or a fee basis, are subject to the gross receipts tax to the extent that the deduction provided by Section 7‚9‚66 NMSA 1978 does not apply. The receipts of a person selling property through an auctioneer who sells property on a commission or fee basis are subject to the gross receipts tax. However, the person's receipts from such a sale are exempted from the gross receipts tax if the sale is isolated or occasional and the other is neither regularly engaged nor holding out as engaged in the business of selling or leasing the same or similar property.

[3/9/72, 11/20/72, 3/20/74, 7/26/76, 6/18/79, 4/7/82, 5/4/84, 4/2/86, 11/26/90, 11/15/96; 3.2.225.11 NMAC ‚ Rn, 3 NMAC 2.66.1.11 & A, 6/14/01]

New Mexico Regulation and Licensing Department
Edward Lopez, Jr., Superintendent
P.O. Box 25101
Santa Fe, NM 87504-5101
Phone: 505-476-4800
Fax: 505-476-4511
Email: poffice@state.nm.us
www.state.nm.us
New York Auctioneers are not licensed in the state of N.Y. Auctioneer services are a taxable service however, and require authority to connect to New York state sales tax. Local municipalities within New York may regulate this activity - contact the local government entity where the auction business is held/located for a determination on license requirements. A person that auctions motorized vehicles should contact the NYS Department of Motor Vehicles, a person that auctions livestock should contact the NYS Department of Agriculture and Markets, a person that auctions wine should contact the NYS Liquor Authority, and a person that auctions real estate (including bid calling and/or handling the closing) should contact the NYS Department of State for a determination on license requirements Governor's Office of Regulatory Reform
Permit Assistance Unit
ESP, Agency Building 1
Albany, NY 12220-0107
Phone: 800-342-3464
Phone: 518-474-8275

Online Permit Assistance & Licensing
:
www.nys-opal.org
North Carolina No Auctioneer’s license is required to sell online in North Carolina. The North Carolina Auctioneer Licensing Board currently does not regulate timed internet sales - auctions" and does not plan to change this policy in the future. This agency does regulate live internet auctions.  Do your current laws require someone running one of these drop off centers in your state to obtain an auctioneer's license in your state? No, as long as they do not hold themselves out to be auctioneers or auction firms.

If not, are they required to obtain a pawn shop license? Can not answer this question, this agency does not oversee the pawnbrokers law. The link for the law is http://www.ncleg.net/EnactedLegislation/
Statutes/HTML/ByChapter/Chapter_91A.html

and/or is there legislation pending in your state which will require licensure? There is no legislation pending that I am aware of that will require an auctioneers license or an auction firm license for the types of sales that you described. As far as pending legislation for the requirement of a pawnbrokers license, again this agency does not oversee the pawnbrokers law. At the following link you can search and track any pending legislation in this State: http://www.ncleg.net/homePage.pl  

North Carolina Auctioneer Licensing Board
Robert A. Hamilton
Executive Director
North Carolina Auctioneer Licensing Board
602 Stellata Drive, Fuquay-Varina, NC 27526
Telephone (919)567-2844  Fax (919)567-2865
www.ncalb.org
North Dakota According to Sue Ricter from the PSC responded on 5/10/07 and said no license is required for online sellers. She stated the state AG had proffered an opinion that "persons or businesses that assist others including sellers to sell at online auctions (ebay is what she said) are NOT conduction an auction or acting as auctioneers. North Dakota Public Service Commission
600 E. Boulevard, Dept.408
Bismarck, ND 58505-0480
Phone: 701-328-2400
Ohio No license required for online auctioneers. Internet auctions are exempt under Ohio law. R.C. 4707.02 Ohio Department of Agriculture
Division of Enforcement
8995 East Main Street, Building 1
Reynoldsburg, Ohio 43068
Phone: 614-728-6240
http://www.ohioagriculture.gov/auction
Oklahoma An auctioneer's license is not required for Oklahoma at the state level. Licensing is required at the municipal level, the provisions varying from city to city. Oklahoma Real Estate Commission
Shepherd Mall
2401 N.W. 23rd, Suite 18
Oklahoma City, Oklahoma 73107
Phone: 405-521.3387
www.orec.state.ok.us
Community Links:
www.youroklahoma.com/
osfdocs/county.html
Oregon An auctioneer's license is not required in the state of Oregon. Oregon Real Estate Agency
Scott W. Taylor, Director
1177 Center St. N.E.
Salem, OR 97310-2503
Phone: 503-378-4170
www.oregon.gov
Pennsylvania According to Teresa Lindeman in the Pittsburgh Post-Gazette on 5/3/07, several online franchise operators in Penn. have been contacted by the Board of Auction Examiners asking why they hadn’t obtained an auctioneers license. Both businesses had been contacted by an investigator for the Board.
http://www.auctionbytes.com/
cab/abn/y07/m04/i23/s02
State Board of Auctioneer Examiners
Department of State, Bureau of Professional & Occupational Affairs, State Board of Auctioneer Examiners, Business Licensing Division
Kristopher Adams
P.O. Box 2649
Harrisburg, PA 17105-2649
Phone: 717-783-3397
Fax: 717-705-5540
http://www.dos.state.pa.us/auct
Rhode Island I am still waiting to hear from someone from this department Rhode Island Department of Business Regulation
Auctioneer Division
Joseph Da Cruz, Jr., Chief Licensing Examiner
233 Richmond Street Suite 230
Providence, RI 02903-4230
Phone: 401-222-3857
Fax 401-222-6654
http://www.dbr.state.ri.us/
divisions/commlicensing/auctioneer.php
South Carolina I am still waiting to hear back from either Lenora at 803-896-4853 or Linda Owens at 803-896-4675. Department of Labor, Licensing & Regulation
Auctioneers Commission
Lenora Addison-Miles, Program Coordinator
P.O. Box 11329
Columbia, SC 29211-1329
Phone: 803-896-4853
Fax: 803-896-4484
Email: miles@llr.sc.gov
South Dakota An auctioneer's license is required in the state of South Dakota for the sale of real estate.

"Anyone who sells or offers to sell real property located in South Dakota on behalf of another with the expectation of receiving a commission or other compensation must hold a South Dakota broker license, broker associate license or auctioneer license issued by the South Dakota Real Estate Commission. Fees paid as advertising are exempt from real estate licensure in South Dakota; however, those fees may fall under business tax assessments."

Dee Jones Noordermeer
Executive Director
South Dakota Real Estate Commission
221 West Capitol Ave., Suite 101
Pierre, SD 57501
605-773-3600 Fax: 605-773-4356
Tennessee NO Licensing of online auctioneers. 2006 law states:

Auctions and Auctioneers - Exempts from requirement of auctioneer license fixed price or timed listings sales that allow bidding on Internet Web site but do not constitute simulcast of live auction. - Amends TCA Section 62-19-103.

Department of Commerce & Insurance, Auctioneer Commission
Ms. Lynn McGill, Administrative Director
Davy Crockett Tower
500 James Robertson Pkwy.
Nashville, TN 37243-1152
Phone: 615-741-3236
www.state.tn.us/
commerce/bards/auction
Texas An auctioneer’s license is NOT required for online sellers in the state of Texas. According to Jeff Hill of the Dept. of Licensing & Regulation, Texas law specifically equates the role of an auctioneer with BID CALLING. Since, by essence, there is no bid calling in an online auction, state laws currently do not apply to online sellers. However, if you are using eBay Live Auctions in the state of Texas (ie, conducting a live auction at the same time) you must be licensed as an auctioneer. Texas Department of Licensing & Regulation
P.O. Box 12157
Austin, TX 78711-2157
Phone: 512-463-6599
800-803-9202 (toll free in Texas)
Fax: 512-475-2871
Relay Texas-TDD: (800) 735-2989
Email: auctioneers@license.state.tx.us
www.license.state.tx.us/auc/auction.htm
Utah An auctioneer's license is not required in the state of Utah. Department of Commerce Division of Real Estate
Ted Boyer, Director
160 E. 300 S.
P.O. Box 146711
Salt Lake City, UT 84114-6711
Phone: 801-530-6747
Fax: (801) 530-6749
Business Licensing & Registration Guide :
www.commerce.utah.gov/
corporat/pdfforms/buslicguide.pdf
Vermont Vermont does not require an auctioneer license to sell items on E-bay. {ed. note: online auction venues} Loris Rollins
Administrator
Office of Professional Regulation
26 Terrace Street, Drawer 09
Montpelier, VT 05609-1101
Tel: 802-828-2191
Fax: 802-828-2465
www.vtprofessionals.org
Virginia According to a spokesperson for the Virginia Auctioneer’s Board, "our regulations doesn’t address that [online sellers] at this time. There is nothing right now regarding online auction sellers." However, she followed up by adding, "I don’t have a yes or no answer for that."

While it was clear a company like eBay operating out of another state was not required to be licensed, the sticking point seems to be if a business is located in Virginia and is "targeting" Virginia citizens for its business.

Virginia Auctioneer Board
Department of Professional and Occupation Regulation
3600 W. Broad St.
Richmond, VA 23230-4917
Phone: 804-367-8512
www.dpor.virginia.gov
Washington I am still waiting for official word from someone at this department but I found the following very informative:

http://www.dol.wa.gov/business/
auctioneers/aucfaq.html

The key question seems to relate to being "paid" for your services. If you are, even if you are doing non-profit live auctions, you must be licensed. It is conceivable this law could be applied to drop off centers that sell at online auction. That is merely conjecture on my part.

Department of Licensing
Auctioneer Section
P.O. Box 9026
Olympia, WA 98507-9026
Phone: 360-664-6636
Fax: 360-664-2550
www.dol.wa.gov/professions
West Virginia NO. According to a spokeswoman, "We don’t have any regulations over online auction sellers at this time." West Virginia Department of Agriculture
1900 Kanawha Boulevard
Charleston, West Virginia 25305
Phone: 304-558-2201
Fax: 304-558-2203
www.wvagriculture.org
Wisconsin I am still waiting for someone to respond to my phone calls, but I did find the following of interest in state statute:

No person may act as an auctioneer or use the title "auctioneer", "registered auctioneer", "certified auctioneer", "licensed auctioneer" or any similar title unless the person is registered as an auctioneer under s. 480.08, Wis. Stats.

For more Wisconsin auction law: http://drl.wi.gov/prof/auct/def.htm

Bureau of Direct Licensing & Real Estate - Auctioneer
Department of Regulation and Licensing
1400 E. Washington Avenue
PO Box 8935
Madison, WI 53708-8935
Phone: 608-261-4486
http://drl.wi.gov/prof/auct/def.htm
Wyoming An auctioneer's license is not required in the state of Wyoming. Attorney General
123 Capitol Building
Cheyenne, WY 82002
Phone: 307-777-7841

Secretary of State's Office
The Capitol Building; Room B-10
200 West 24th Street
Cheyenne, WY 82002-0020
Phone: 307-777-5407
Fax: 307-777-7640
E-mail: rules@state.wy.us

Wyoming Real Estate Commission
2020 Carey Avenue, Suite 702
Cheyenne, Wyoming 82002-0180
Phone: 307-777-7141

Caveats
#1. It would appear in all states, if you are selling Real Estate, you must have a real estate license. Some states require you obtain an auctioneer's license to sell real estate at auction. For example: Alabama law states: An auctioneer must hold a real estate license AND an Auctioneer's license if he/she will be calling bids and/or handling any aspect of a real estate auction, including the closing. Other states like Arizona, which does not license auctioneers, states: An auctioneer is required to hold a real estate license if he/she is handling all aspects of a real estate auction, including the closing. (According to Arizona Department of Real Estate.) It is conceivable that anyone selling real estate online at auction (other than their own home) could be required to comply with their state's laws regarding real estate sales.

#2. While only a few states so far are attempting to classify eBay drop-off stores as pawnshops, there is far more likelihood of being classified in such a manner by local city or county authorities. It behooves persons looking to open such a business to contact not only their local county and city regarding business registrations/city and town business licensing, but to contact their local Police Department as well. In many cities, consignment shops are lumped in with pawnshops and must comply with the same laws/regulations, such as holding merchandise for 30 days, obtaining driver's licenses, and in some places, fingerprinting consignors.

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