means a sale transaction conducted by means of oral or written
exchanges between an auctioneer and the members of his or her audience,
which exchanges consist of a series of invitations for offers for
the purchase of goods made by the auctioneer and offers to purchase
made by members of the audience and culminate in the acceptance by
the auctioneer of the highest or most favorable offer made by a member
of the participating audience.
means an event consisting of a series of consecutive auctions
all occurring at the same place and continuing until the auction sale
is declared closed.
means any individual who is engaged in, or who by advertising
or otherwise holds himself or herself out as being available to engage
in, the calling for, the recognition of, and the acceptance of, offers
for the purchase of goods at an auction.
(Ord. 1285 § 1, 1987)
It is unlawful for any person to conduct an auction without first having secured a business license and paid the business license fee prescribed by Section 3.84.020.
(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)
Except as otherwise provided or allowed in the zoning ordinance,
all auctions, as defined herein, shall be held only in the M-1 zoning
district as shown on the official zoning map now in effect or hereafter
adopted.
(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)
No auction shall be conducted in other than a permanent building.
The goods to be sold shall be entirely enclosed therein except as
authorized by a land use permit. This section shall not apply to auctions
of real property.
(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)
(a)
The
provisions of this chapter shall not apply to the sale of property
belonging to the United States, the state, the city or any other governmental
agency or to the sale of any property by virtue of any process issued
by any municipal, state or federal court or to the sale, pursuant
to order of court, of any property of an estate by the legally appointed
administrator, executor, or guardian thereof.
(b)
Auction
sales conducted at a city owned facility and where a use agreement,
contract or other such document are entered into. City owned facilities
include but are not limited to the convention center, parking facilities,
stadiums and other city owned facilities.
(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)
A single event auction sale may be held at any location in the
city where public assembly is otherwise permitted, subject to the
approval of a land use permit by the director of planning and zoning.
The director of planning and zoning shall not approve a single event
auction sale unless the commission first makes the following findings:
(1)
The
sale will not interfere with or unduly restrict already existing uses
on adjacent properties;
(2)
Adequate
parking is available;
(3)
The
type of sale proposed is compatible with the facility and the immediate
vicinity where the sale will be conducted;
(4)
The
sale will not obstruct or unduly interfere with the orderly flow of
vehicles and pedestrian traffic; and
(5)
An
auction sale has not been conducted on the premises during the preceding
three month period.
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The director of planning and zoning may impose such conditions
on its approval of a single event auction sale as are reasonable and
necessary.
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(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)
No fee shall be imposed for any land use permit issued pursuant
to the provisions of this chapter.
(Ord. 1285 § 1, 1987)
The decision of the planning commission may be appealed to the city council pursuant to Chapter 2.05.
(Ord. 1285 § 1, 1987)
