For the purposes of this chapter, the following words shall mean:
"Auctioneer"
shall include and comprehend any person who shall sell any goods, wares or merchandise by public outcry, whether or not to the highest bidder, or who shall sell, or offer to sell to the highest bidder, any of the property hereinafter described: Fruits, stocks, bonds and other securities, livestock, or other personal property, or any real estate or interest therein, in any building or in or upon any of the streets or sidewalks, or in any other place in the City where any and all persons who choose are permitted to attend and offer bids, or any person who shall advertise as a public auctioneer, or in any other manner hold him or herself out as such for public patronage, or who shall receive fees as a commission for services as such, or who shall conduct any auction sale as defined in this chapter.
"Auction sale"
means a sale of property by public outcry, whether or not to the highest bidder and irrespective of the name by which the sale is designated. Without limiting the generality of the term "auction sale," such term shall also include any sale in which, instead of the bidders making increasingly higher bids for an article of merchandise, the seller or auctioneer announces a price at which he or she will sell one or more articles of merchandise and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered with or without varying the previously announced price, until a buyer is finally induced to buy the accumulated articles at the price fixed, or a sale in which the seller or auctioneer of an article or articles of merchandise announces an article or articles of merchandise for sale at varying prices until a price is announced at which a buyer buys such article or articles of merchandise.
"Certificate"
means any instrument in writing issued by the City Clerk to any person certifying, or stating the fact that, and the place where, such person is authorized to have any property mentioned in this chapter sold at auction.
"Jewelry"
means any goods, wares and merchandise customarily kept in retail jewelry stores for sale, including but not limited to precious and semiprecious stones and imitations thereof, whether sold or offered for sale with or without settings, watches, rings, bracelets, and articles made in whole or in part of gold, silver, platinum or other precious or semiprecious metal, whether solid, plated or overlaid.
(Ord. 73 §1, 1961)
The City Clerk is hereby authorized to make such rules and regulations regarding the conduct of the business of auctioneering as are necessary to carry out the provisions of this chapter. Any such rule or regulation shall not in any manner violate any provisions of this chapter. The failure of any auctioneer or any person holding a certificate under the provisions of this chapter to comply with any rule and regulation herein, shall be a ground for the suspension or revocation of any permit or certificate issued under the provisions of this chapter.
(Ord. 73 §7, 1961)
A. 
Nothing in this chapter contained shall preclude banks or trust companies or trustees in bankruptcy or assignees for the benefit of creditors, or any executor or administrator selling or disposing of property, real or personal, at public outcry.
B. 
The provisions of this chapter shall not apply to any auction held solely for charitable or benevolent purposes, or any church fair, festival or bazaar.
(Ord. 73 §13, 1961)
A. 
No person shall arrange or advertise for the disposal at public auction to the highest bidder, or sell or offer for sale at public auction, within the City, or in any other manner carry on a business of selling or soliciting for sale at public auction, any real or personal property, whether the same shall be his or her own property or the property of others, without first complying with the provisions of this chapter and obtaining a permit as a public auctioneer, as in this chapter provided.
B. 
No permit shall be granted to a person as a public auctioneer unless he or she is a citizen of the United States, and has been a resident of Santa Barbara County for at least one year preceding the filing of such application. The applicant shall also furnish sufficient and satisfactory proof of good moral character and such other qualifications as the City Clerk may require. He or she shall file with the City Clerk his or her verified application, setting forth the facts mentioned in this section, and such facts as are otherwise required by this chapter.
C. 
This chapter shall not apply to judicial sales, or sales made by executors or administrators.
(Ord. 73 §2, 1961)
Any person desiring to dispose, by public auction, of any real or personal property, shall make a verified written application to the City Clerk, and incorporate in the application the following facts:
A. 
Name and address of applicant;
B. 
Length of time applicant has been engaged in business in the County;
C. 
How long applicant has been a resident of the City;
D. 
Time and place of any auction sale applicant may have conducted in the City, or elsewhere, within one year prior to the date of application;
E. 
Whether applicant has ever before made application for auctioneer's license and has been refused, or whether or not applicant has ever been licensed as an auctioneer or auction cryer and such license revoked;
F. 
Whether applicant is a citizen of the United States or has duly declared his or her intention of becoming a citizen;
G. 
Oath or affirmation as to the truth of the statements made in the application;
H. 
The location of the place where the auction will be conducted;
I. 
The length of time for which the permit is desired, and the date when the applicant desires to commence the auction;
J. 
The names and office and residence addresses of the auctioneer who will cry the sale at said auction. The applicant may not cry for sale any article at public auction unless he or she is an auctioneer licensed by the City of Guadalupe;
K. 
A detailed inventory, in duplicate, item by item, of the goods, wares and merchandise to be sold, the wholesale value of cost to the applicant of each item, and the quality and grade thereof. Each item of merchandise must be numbered separately in the inventory, and the number in the inventory must correspond to the number physically attached to such item. Such inventory, when filed with the City Clerk, must be accompanied by a statement sworn to by the applicant:
1. 
That all of the merchandise described in the inventory is a bona fide part of the applicant's stock in trade, and is not secured, purchased or brought into his or her place of business for or in anticipation of such sale, and
2. 
That no other merchandise will be brought into such place of business after the date of the filing of the application, and
3. 
That no merchandise will be sold, or offered for sale, that is not set forth in the inventory, and
4. 
That each of the statements in the inventory are true and correct to his or her own personal knowledge.
(Ord. 73 §3, 1961)
A. 
There shall be filed in behalf and on the part of the applicant, with the City Clerk at the time of filing his or her application or at such time thereafter as the City Clerk may allow a bond executed to the City by a surety company duly authorized to do so, to be approved by the City Clerk. No license shall be granted to any auctioneer until a bond shall have been given as provided in this chapter.
B. 
In form, the bond must be joint and several, and the penalty thereof must be a sum equal to one percent of the total invoice or wholesale value of the articles listed in the inventory, but not less than $3,000.00 nor more than $5,000.00, in any event, and must be conditioned to be paid to the City or to any person suffering injury by reason of any violation of the provisions of this chapter, and that the principal therein named will faithfully conform to each and all of the rules and regulations prescribed by the City Clerk for the conduct of public auction sales and the business of auctioneers, and will faithfully abide by and conform to this chapter and each ordinance of the City, whether then in force or thereafter adopted.
C. 
The bond shall not be void upon the first recovery, but may be sued and recovered upon from time to time by any person aggrieved in his or her own name until the whole penalty is exhausted.
(Ord. 73 §4, 1961)
Before granting a permit to engage in the business of auctioneer in the City, there shall be paid to the City Clerk an application fee for every auctioneer's permit in a sum established by resolution of the City Council.
(Ord. 73 §5, 1961; Ord. 2013-414 §6)
Whenever a duly licensed auctioneer shall have a salesroom where goods are displayed for public inspection, the auctioneer shall not be required to secure a permit or license of a secondhand dealer, or any other permit or license, save only and except an auctioneer's permit and license, not be amendable to any other provisions of this chapter applicable to secondhand dealers. Any auctioneer who purchases secondhand articles and sells the same must comply with the provisions of this ordinance relating to secondhand dealers and secure the permit and licenses therein provided.
(Ord. 73 §10, 1961)
Persons holding an auctioneer's permit under the provisions of any ordinances must file an application for and on behalf of any auction cryer who is at that time in his or her employ, as contemplated under the provisions of this chapter.
(Ord. 73 §12, 1961)
A. 
No auctioneer shall cry a sale, unless he or she or the party conducting the sale has a permit, and no person shall advertise or solicit for the sale of any real or personal property at public auction sale unless the person is employed by a duly licensed auctioneer and advertises and solicits such business in the name of the auctioneer by whom he or she is employed.
B. 
No person shall advertise as auctioneer in any newspaper, circular or form letter, or on any billboard, sign, card, label or other advertising medium, or by means of any electric sign, window sign, showcase display, or by any other advertising device, or in any manner, unless such person is in possession of an unsuspended, unrevoked and unexpired permit and license, as required by the provisions of this chapter.
(Ord. 73 §8, 1961)
No auctioneer or his or her servant or employee shall be permitted to sell any goods at private sale during the conduct of any auction sale or on any day when such property is advertised for sale at public auction, other than by public outcry and to the highest bidder. Any auctioneer may sell goods on display at private sale on any day other than the one on which an auction sale is being conducted or advertised for sale at public auction.
(Ord. 73 §11, 1961)
Each auctioneer must keep a book in which he or she must enter all sales, the amount paid, and the date of each sale, which book must be open at all times for the inspection of the Police Department or any person interested therein.
(Ord. 73 §9, 1961)
A. 
Any person desiring to sell jewelry at public auction shall file with the City Clerk, not less than 20 days nor more than 40 days before the date when he or she wishes to start such auction, an application for a permit, accompanied by a fee established by resolution of the City Council, no part of which may be refunded to the applicant, together with a deposit in the sum established by resolution of the City Council.
B. 
Such application shall set forth, in addition to the requirements hereinbefore specified, the following. After the name of each article, and upon the same line or immediately beneath it, shall be a description of the articles, giving:
1. 
The name of the manufacturer, if known;
2. 
The manufacturer's number, if any;
3. 
Name, size or weight of any precious or semiprecious stones or imitations thereof;
4. 
The kind of metal, the grade or fineness thereof used in the article; together with
5. 
Such other and further information as shall reasonably tend to inform persons examining the inventory of the nature and quality of the articles are properly and sufficiently described as above required, and labeled or tagged as hereinafter required. If the articles listed upon the inventory are not properly described, the City Clerk may permit the applicant to properly describe such articles.
(Ord. 73 §15, 1961; Ord. 2013-414 §7)
The provisions of this chapter shall not apply to banks, trust companies, trustees in bankruptcy, or any executor or administrator selling or disposing of jewelry at auction; provided, however, that not less than 10 days prior to the commencement of such sale by a pawnbroker, he or she shall notify the City Clerk, in writing, of his or her intention to conduct such sale, and the time, place and estimated duration thereof; and provided, further, that the pledge number of each article sold or offered for sale at auction; and that the provisions of this chapter shall not apply to any auction held solely for charitable or benevolent purposes, or for any church, fair, festival or bazaar; or to sales at auction of jewelry at which sales purchasers are limited to dealers engaged in the business of selling at retail or wholesale jewelry alone, or with other articles of merchandise; provided, however, that no such sale of jewelry shall continue in excess of 3 days; and provided, further, that upon application to the City Clerk, the City Clerk may extend such period of time; or to sales of jewelry in connection with the auction sale of used or secondhand household goods or personal effects, in which the total number of pieces of jewelry does not exceed 10% of the total number of articles to be sold or offered for sale at such auction.
(Ord. 73 §26, 1961)
No jewelry shall be sold at public auction unless such jewelry is the property of the person making application for a permit to conduct such auction, and was the property of such person for at least 30 days immediately prior to the filing of such application.
(Ord. 73 §14, 1961)
Immediately upon receipt of an application for a jewelry auction permit, the City Clerk shall refer the application to the Chief of Police for his or her investigation and report, and the City Clerk shall also contract for the services of a competent person as his or her representative to check each item of the inventory submitted with the actual item in the applicant's place of business, and make an investigation to ascertain the truthfulness of the sworn statement submitted by the applicant, and to determine whether the merchandise described in the inventory is a bona fide part of the applicant's stock in trade, and not secured, purchased or brought into such place of business for or in anticipation of such sale, and to determine whether the applicant is bona fide disposing of his or her stock for the purpose of retiring from business. The applicant shall be charged a sum established by resolution of the City Council for each day or fraction thereof that the City Clerk's representative is engaged in such investigation. Such sum shall be deducted from the deposit made by the applicant to the City Clerk and paid into the general fund of the City, and the amount that remains in the hands of the City Clerk after such deduction shall be repaid by the City Clerk. The City Clerk's representative shall be paid a sum established by resolution of the City Council for each day or fraction thereof that he or she shall engage in making the investigation hereinabove required.
(Ord. 73 §30, 1961; Ord. 2013-414 §8)
If the deposit of $50.00 is not sufficient to pay the cost of making the investigation required in Section 5.20.170, the City Clerk shall notify the applicant in writing of that fact and shall set forth the estimated additional necessary expenses for completing such investigation, and the applicant shall deposit with the Clerk such additional amount, and if the same is not deposited within 3 days after receipt of such notice, then the application shall elapse, and any other proceedings for a permit must be pursuant to a new application.
(Ord. 73 §30, 1961)
When proper preparation of the application is complete, and articles are found to be properly described, labeled or tagged, the City Clerk will order the permit to be issued to the applicant, unless he or she finds that conduct of such sale at the time or place, or by the applicant, will be against the public interest, or tend to result in defrauding the public, or that any false statement in the application was knowingly and intentionally made, in which event the City Clerk may, in his or her discretion, deny the application; provided, however, that no order denying an application shall be final until 10 days after the City Clerk shall have notified the applicant of the intent to deny his or her application, and informed him or her that such denial will be effective and final at the expiration of 10 days after service of such notice, by mail or in person, unless within such period he or she requests, in writing, a hearing before the City Council thereon. If within such period he or she requests such a hearing, the City Council will set a time and place for such hearing, to be held within 30 days after such request. At such hearing, the City Council shall render its decision thereon and its decision shall be final.
(Ord. 73 §16, 1961)
No permit shall be granted for a period exceeding 30 consecutive days, including Sundays and holidays, except that, if application for a renewal of the permit is filed not more than 10 and not less than 5 days before the expiration of such permit, and it appears to the satisfaction of the City Clerk that the permittee needs additional time in which to sell, at public auction, articles listed upon the inventory filed as a part of the application for the original permit, the City Clerk may, upon the payment of a renewal fee in an amount established by resolution of the City Council, issue a renewal permit for not exceeding 30 consecutive days, provided that the total period for the conduct of any one public auction, including the period of the original permit and all renewals thereof, shall not exceed 60 consecutive days.
(Ord. 73 §17, 1961; Ord. 2013-414 §9)
A. 
Each item listed upon the inventory shall be tagged, with a label or tag securely attached thereto, upon which there is written or printed a number corresponding with the number of such item in the inventory hereinbefore provided for. Upon each item of jewelry shall be plainly written in English a true and correct statement of the kind of metal of which such article is made or composed, and the quality or weight thereof, and the percentage or carat of purity of such metal. In case such article of jewelry is plated or overlaid, then the statement on the tag or label shall contain a true statement of the kind of plate or overlay, and the kind of metal or material covered. In case such article is in whole or in part a precious or semiprecious stone, the statement on the tag or label shall contain the true name, weight, quality and fineness of the stone; and if any article consists in whole or in part of imitation of precious or semiprecious stones, such fact shall be fully shown in the statement on the tag or label.
B. 
In case any article is a watch or clock, the statement on the tag or label shall also contain the true name of the manufacturer thereof, and if any secondhand or old movement of any watch or clock is offered in a new case, such fact shall be set forth in the statement on the tag or label.
C. 
As a part of the tag or label, there shall be a detachable stub having thereon the same number which appears upon the tag or label. Upon the sale of any article, the numbered stub shall be detached from the tag or label by the auctioneer, and immediately handed to the purchaser. The label or tag containing the description of the article shall remain attached thereto, and shall be delivered with the article to the purchaser without any erasure, defacement or obliteration thereof.
(Ord. 73 §18, 1961)
The City Clerk is hereby authorized to adopt reasonable rules not in conflict herewith requiring additional information upon application for permits; additional records and reports on transactions at and conduct of public auctions; or prescribing additional rules governing conduct of public auctions when, after investigation, he or she finds that such rules are reasonably necessary for the prevention of fraud or the protection of the public welfare.
(Ord. 73 §21, 1961)
Not less than 4 copies of this chapter, printed in type of size and style approved by the City Clerk, shall be displayed in a position and location to be readily read by prospective bidders in the room where the sale is being held, and at least one copy thereof shall be displayed in such position and location as to be readily read by persons outside such building. The permit issued therefor shall, at all times while valid, be kept posted in the place of business where such public auction is being conducted.
(Ord. 73 §22, 1961)
A. 
Each day before the commencement of the public auction, the auctioneer shall announce the terms of the sale.
B. 
Before accepting any bids upon any article, the auctioneer shall read, in such manner as to be readily heard and understood at any place in the room where the auction is being conducted, the description of the article as it appears on the label or tag attached thereto.
C. 
The auctioneer, at each time a bid is announced or accepted, shall give some description of the person making the bid, and also point out or designate the location of the bidder on the premises.
D. 
The permittee shall give to each purchaser of an article sold at auction, the selling price of which amounts to more than $2.00, a written invoice, containing a full description of such article as it appears upon the inventory required under this chapter; the selling price thereof; and a statement giving each and every warranty under which the article was sold. Duplicate copies of all invoices shall be kept by the permittee within the City available for inspection by police officers, or the City Clerk, or a duly authorized representative of the City Council, for 6 months after termination of each auction sale.
E. 
No permittee, his or her auctioneers or employees, shall make any false or misleading statement concerning the kind, size, quality, condition, make or other fact pertaining to any article sold or offered for sale.
F. 
No permittee, or any employee or other person, on his or her behalf, shall act as a by-bidder, or what is commonly known as a "capper," or make or accept any false or misleading bid, or falsely pretend to buy or sell any article, or conspire with any person to make a false or fictitious bid, and no permittee, his or her auctioneers or employees shall bid or purchase at an auction sale unless, at the time such bid is as to be plainly heard and understood in all parts of the room in which the sale is being conducted that such bid is for the benefit of the permittee, or is made by an employee, as the case may be.
G. 
If any article is offered for sale and 2 or more bids are made thereon, and such article is afterwards withdrawn from sale, there shall not be the same or another article of the same kind or class offered for sale until 4 other sales have been made, or for one hour, whichever is the longer time.
H. 
Public auction sales shall be conducted only between the hours of 10:00 a.m. and 6:00 p.m. of the same day. No sales shall be conducted on Sundays or legal holidays.
I. 
No free drawing shall be conducted, nor gifts distributed, nor any form of entertainment be given for the encouragement of attendance at an auction sale, or for any other purpose.
J. 
No articles other than articles listed upon the inventory and filed with the City Clerk shall be sold at the auction authorized by the permit issued therefor, and no sales of articles shall be made other than at or by auction while such auction sale is in progress, or after such auction commences on any day until the close of such day's auction sale.
K. 
All jewelry articles as defined in this chapter to be sold at public auction shall be separately listed upon the inventory filed with the application.
L. 
Nothing herein shall be deemed to prevent a permittee from offering for sale, as a group, 2 or more items listed upon the inventory; provided that, after any article or group of articles has been offered for sale and 2 or more bids have been made, no article or articles shall be added to such article or group, or taken from the group; but if the permittee desires to withdraw any article from a group of items offered together, the entire group shall be withdrawn, and the provisions of this chapter with respect to the sale shall be applicable to each of the articles in the group.
M. 
No article of any kind shall be sold or offered for sale which does not have attached thereto or thereon the tag or label required by this chapter, or if the tag or label is defaced or mutilated, or if the numbered and detachable tag is not attached thereto.
N. 
Upon request of any person who has bid upon an article offered for sale, the auctioneer shall allow such bidder a reasonable opportunity to examine such article, and such bidder may thereafter withdraw his or her bid at any time before the auctioneer declares the article sold.
O. 
The permittee shall permit any police officer or duly authorized representative of the City Clerk, during regular business hours of the day, to examine any article held for sale by auction, offered for sale, or sold, at any time before such article is delivered to the purchaser.
P. 
No person other than a person duly licensed by the City as an auctioneer shall cry the sale of any article at public auction.
(Ord. 73 §19, 1961)
A. 
The permittee shall keep a true and correct copy of the inventory filed with the City Clerk, and before the commencement of sale on any day, shall indicate thereon in an appropriate manner the articles sold, if any, on the previous day, and the date thereof. The permittee shall also keep a daily record of the inventory number of each article sold, the date of the sale, and the name of the purchaser thereof. If any articles listed on the inventory are sold or disposed of otherwise than by sale at public auction, such fact, with full particulars thereof, shall be entered on the record last above provided for.
B. 
Within 10 days after the termination of such auction sale, the above-specified copy of the inventory and the separate record of disposition of goods, together with a list of the articles set out on the inventory and not shown on the report to have been sold or otherwise disposed of, shall be delivered to the City Clerk.
(Ord. 73 §20, 1961)
Any person holding a permit as an auctioneer prior to the enactment of Ordinance 73, under the provisions of any ordinance of the City, need not secure a renewal of his or her present permit, and the same shall continue in full force and effect as if granted under the provisions of this chapter. Provided, however, that on and after the effective date of the ordinance codified in this chapter, any permit granted under the provisions of any ordinance may be revoked or suspended for any of the causes and in the manner enumerated in this chapter.
(Ord. 73 §23, 1961)
Whenever the City Clerk believes that sufficient cause exists therefor, or if any of the provisions of this chapter are not complied with or are violated, he or she may, upon his or her own motion or upon complaint under oath made by any person, revoke or suspend any permit or certificate granted pursuant to this chapter; permits shall be revoked only in the manner provided by this chapter.
(Ord. 73 §24, 1961)
A. 
Upon the filing of a verified complaint setting forth facts sufficient to constitute grounds for revocation of a permit issued under this chapter, the City Clerk may proceed to revoke such permit in the manner provided by this chapter; provided, however, that if from consideration of the facts stated in the complaint the City Clerk finds that continuance of the auction sale pending hearing upon such complaint would result in detriment to the public welfare, such findings shall be recorded in the minutes of the City Council, and thereupon the City Clerk may suspend such permit pending hearing and decision of the City Council upon such complaint.
B. 
Notice of such suspension shall be sent to the permittee along with other papers required by this chapter to be served upon him or her, together with notice of the place and date of hearing thereon, which shall be not less than 5 nor more than 7 days thereafter. Such hearing may not be continued other than from day to day without the consent of the permittee.
C. 
A permit may be suspended or revoked for the following reasons. If the permittee:
1. 
Has made any misstatement of a material matter in his or her application for a permit;
2. 
Has violated or failed to comply with any provision of this chapter, or in the conduct of such sale has committed or permitted the commission of any fraudulent act or practice in connection with the conduct of such sale;
3. 
Has violated any law or ordinance pertaining to advertising;
4. 
Has violated or failed to comply with any rule adopted by the City Clerk.
(Ord. 73 §26, 1961)
The City Clerk may revoke or suspend the permit or certificate of any person against whom charges are brought as are, in his or her opinion, substantiated. When a permit or a certificate is thus revoked or suspended, the City Clerk shall notify the permittee or person holding a certificate, in writing, and give the reason for such revocation or suspension. If the permittee shall have been convicted in any court of the violation of any law or ordinance relative to his or her permit or certificate, it shall be the duty of the City Clerk to revoke the permit forthwith without any further action thereon, except giving notice thereof to the permittee or person holding a certificate.
(Ord. 73 §25, 1961)
A. 
All applications for permits, all reports furnished to the City Clerk, and all records kept by the applicant or permittee, as the case may be, shall be certified to be true and correct.
B. 
Any person who knowingly certified to be true and or which, by reasonable diligence he or she could have ascertained was not true or correct, shall be guilty of a misdemeanor.
C. 
Violation of or failure to comply with any provisions of this chapter by a permittee, his or her auctioneers or employees, shall constitute a misdemeanor.
(Ord. 73 §27, 1961)
Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.
(Ord. 73 §32, 1961; Ord. 86-271 §18)