For the purpose of this chapter, unless it is plainly evident
from the context that a different meaning is intended, certain terms
used herein are defined as follows:
mean and include a sale or offering for sale of any article
of personal property to the highest bidder in any building, or in
any other place where any and all persons who choose are permitted
to attend and offer bids. The terms "auction," "public
auction," and "auction sale" also include a sale
in which, instead of the bidders making increasingly higher bids for
an article or articles of merchandise, the seller or auctioneer announces
a price at which he 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.
means and includes, without limiting the generality of the
term, selling, exposing for sale, offering for sale, or soliciting
purchasers by means of audible solicitation addressed collectively
to a group of three or more persons, which group has been assembled
for the purpose of merchandising any personal property.
means and includes any natural person, firm, company, corporation,
partnership, trust or association of persons.
(Prior code § 4-12.101; Ord. 931 § 1, 1961)
The provisions of this chapter shall not apply to any auction
held or conducted by any public officer or officer of any court under
the provisions of any law of the United States or state of California,
or any ordinance of the city of Sunnyvale.
(Prior code § 4-12.102; Ord. 931 § 1, 1961)
It is unlawful for any auctioneer, or person conducting an auction,
public auction, or auction sale, or sale by public outcry, or its
agents, servants, or employees, to use a searchlight or similar light,
loudspeaker or sound amplifier or similar instrument, or to solicit
or permit the soliciting by music, singing or loud or unusual noises
to be made or done for the purpose of attracting the public to an
auction sale, or sale by public outcry.
(Prior code § 4-12.103; Ord. 931 § 1, 1961)
It is unlawful for any auctioneer, or person conducting an auction,
public auction, or auction sale, or sale by public outcry, or its
agents, servants, or employees to ring a bell or cause or permit the
same to be rung in or about the front of the premises, or in any place
on or near the premises the same may be heard on the public street
or sidewalk in front of the premises where there is conducted an auction,
public auction, or auction sale, or sale by public outcry, before,
after, or during such sale for the purpose of attracting the public
to such auction sale.
(Prior code 4-12.104; Ord.
931 § 1, 1961)
It is unlawful for any person acting as auctioneer to make any
statements which are false in any particular, or which have a tendency
to mislead any person present, or to make any misrepresentation whatsoever
with reference to any article of personal property sold or offered
for sale at public auction.
(Prior code § 4-12.105; Ord. 931 § 1, 1961)
It is unlawful for any person to make or offer, or cause or
induce anyone else to make or offer, a false bid or any other than
a bona fide bid at an auction, public auction, or auction sale.
(Prior code § 4-12.106; Ord. 931 § 1, 1961)
It is unlawful for any auctioneer or for any person conducting
an auction, public auction, or auction sale, to use any person as
a false bidder for the purpose of increasing the price of any article
offered for sale at such auction.
(Prior code § 4-12.107; Ord. 931 § 1, 1961)
It is unlawful for any person to act, or cause or induce anyone
else to act, as a by-bidder or what is commonly known as a "capper,"
or "booster," or "shiller" at any auction
or place where any auction shall take place, or to offer to make any
false bid or to offer any false bid to buy, or pretend to buy, any
article of personal property sold or offered for sale at any auction.
(Prior code § 4-12.108; Ord. 931 § 1, 1961)
It is unlawful to sell or merchandise or cause to be sold or
merchandised, any article of personal property by means of public
outcry on any street, sidewalk or other public place in the city of
Sunnyvale.
(Prior code § 4-12.109; Ord. 931 § 1, 1961)
It is unlawful to sell or cause to be sold, any article of personal
property at any auction, public auction or auction sale on any street,
sidewalk or other public place in the city of Sunnyvale.
(Prior code § 4-12.110; Ord. 931 § 1, 1961)
No person either as principal or agent shall engage in the business
of, or advertise or offer or expose for sale, or sell or dispose of,
or cause or permit to be advertised, or offered or exposed for sale,
sold or disposed of, any article or articles of personal property
at auction, public auction, auction sale, or by public outcry in the
city of Sunnyvale, without first having obtained a permit to do so
and otherwise having complied with the requirements of this code and
the provisions of this chapter.
(Prior code § 4-12.201; Ord. 931 § 1, 1961)
The permit shall be issued for a period of one year upon payment of a permit fee and upon compliance with the conditions contained herein. No permit issued hereunder shall be transferable by operation of law, or otherwise. Fees required to be paid for any permit issued under this chapter shall be in addition to any fee required to be paid under Chapter 5.04 of this title, and shall be fixed by resolution of the city council.
(Prior code § 4-12.202; Ord. 931 § 1, 1961)
(a)
An
application for a permit shall be filed with the director of the department
of finance, who shall cause an investigation to be made concerning
it. The application shall be signed and verified by the applicant
and shall specify his name, business address, residence address, and
the numbers of any telephones maintained by him, the location of his
last place of business, the name and character of said business, and
the length of time he was engaged therein, and such other information
as shall be deemed necessary by the director of the department of
finance and the city manager.
(b)
The
application must be accompanied by a surety bond, the form of which
shall be approved by the city attorney and the penal sum of which
must be two thousand five hundred dollars. The condition of each bond
must be substantially such that the principal therein named will faithfully
conform to each and all of the provisions of this code, and to each
and all of the laws of the state of California, whether then in force,
or which may thereafter be adopted, relating to the business of the
applicant. The principal and sureties named in the bond, bound unto
the city of Sunnyvale, and unto any person, firm or corporation, aggrieved
or damaged by the breach of the conditions of the bond. The bond shall
indemnify any purchaser at any public auction or sale by public outcry
who suffers any loss by reason of any misrepresentations or deception
made or practiced by the principal therein named, his agents, servants
or employees, either at the time of making the sale or through any
advertisement of any character whatsoever printed or circulated by
the principal, his agents, servants or employees, and shall contain
the further provisions that it inures to the benefit of any and all
persons who may be damaged by reason of any failure on the part of
the person or persons named therein to comply with the provisions
of the bond, and that any person or persons so damaged may maintain
an action thereon against the person or persons named in the bond,
and the surety or sureties upon the bond. The bond shall not be void
upon the first recovery, but may be sued and recovered upon, from
time to time, by any person, firm or corporation aggrieved or damaged
until the whole penalty is exhausted. In the event that the total
liability of the sureties upon such bond falls below two thousand
five hundred dollars, the applicant shall furnish an additional bond
to keep the liability at the minimum of two thousand five hundred
dollars.
(c)
The
director of the department of finance shall report the results of
his investigation and his recommendation upon the application to the
city manager for approval prior to the issuance of a permit.
(d)
The
director of the department of finance shall issue a permit only after
he has determined that the contents of the application are true, that
the applicant is a fit and proper person to carry on the business
for which the permit application is made, and that the applicant has
complied with this code and the laws of the state of California.
(Prior code § 4-12.203; Ord. 931 § 1, 1961)
(a)
A
permit issued under the provisions of this chapter may be revoked
by the director of the department of finance with the approval of
the city manager, if the holder thereof conducts or carries on his
business in an unlawful manner, or causes or permits fraudulent practices
or abuses, or fails to comply with the provisions of this chapter,
or fails to pay within thirty days after the same has become final,
any judgment against the holder of the permit arising out of the misrepresentation
of any sale whether by auction or by public outcry, or out of any
fraud committed in connection with any such sale, or if the holder
is guilty of any other conduct, whether of the same or different character
hereinabove specified, which constitutes fraud or dishonest dealing
or the commission of fraudulent or dishonest practices, or if the
holder conducts his business in a manner detrimental to the safety
and general welfare of the people of the city of Sunnyvale.
(b)
Prior
to any such revocation the holder of the permit shall be given notice
of the proposed action, and shall be given an opportunity to be heard.
If, within five days after such notice of proposed action has been
given to the holder, he requests a hearing on the proposed revocation,
a public hearing shall be held within thirty days after such request,
upon ten days' notice to all interested parties. The director
of the department of finance shall conduct the hearing, and if, as
a result thereof, such permit is ordered revoked, the holder shall
have the right, within five days after such order, to appeal such
action to the city council. The appeal shall be made by filing with
the city clerk, within the five day period, a written notice of appeal,
which notice shall specify with particularity the grounds upon which
the appeal is made. The city council shall hear the appeal at its
next succeeding regular or adjourned regular meeting held not less
than ten days after the filing of such appeal, and the decision of
the city council shall be final.
(c)
All
notices required to be given by the provisions of this chapter shall
be served upon the holder of the permit by delivering the same to
such permittee, the manager or agent thereof, or to a person in charge
of, or employed in the place of business of such permittee; or, if
such permittee has no such place of business, then at the place of
residence of such permittee if known or by leaving such notice at
either the place of business or the residence of such permittee. In
the event the permittee cannot be found and the service of such notice
cannot be made in the manner provided herein, then a copy of such
notice shall be mailed, postage fully prepaid, addressed to such permittee
at the place of business or residence set forth in such permit or
the application thereof.
(Prior code § 4-12.204; Ord. 931 § 1, 1961)
Application for the renewal of any permit required under the
provisions of this chapter shall be made to the director of the department
of finance upon forms provided by the department of finance. The application
shall be made not less than ten days prior to the expiration of the
current permit. If such application for the renewal of the permit
is not made within the time specified, the original permit shall be
null and void. In such case the procedure set forth in this chapter
for obtaining original permits shall then be required.
(Prior code § 4-12.205; Ord. 931 § 1, 1961)
It is unlawful for any person to engage in the business of or
to conduct an auction, public auction or auction sale or sale by public
outcry as defined in this chapter after his permit to do so shall
have been revoked, or shall have expired in the absence of any renewal
thereof.
(Prior code § 4-12.206; Ord. 931 § 1, 1961)
