means the offering for sale or selling of personal property
to the highest bidder, or offering for sale or selling of such property
by the method known as "down hill selling." By down hill selling is
meant the first offering of an article at a higher price and then
offering the same at successive lower prices until a bidder is secured.
is a person who offers for sale at an auction sale any personal
or real property.
shall 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 or she will
sell one or more articles of merchandise and then, if no sale occurs,
increasingly adds additional articles or 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.
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The words "auctioneer" or "auction" shall not include any person
making any sale or any sale made by virtue of or pursuant to provisions
of any law of the United States or the State or pursuant to the provisions
of any order made by any court of the United States or the State or
by virtue of any mortgage or a deed of trust or other lien. The word
"person" when used herein shall include the plural and shall also
include "firm" or "corporation."
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(Prior code § 6-084)
No person shall conduct any auction in the City without having
first obtained a license, as herein provided, so to do.
(Prior code § 6-085)
Application for such license shall be made to the City Manager
and said application shall give the name of the person who shall conduct
such auction; the place where such auction is to be conducted; a general
description of the goods which it is proposed to sell at such auction;
names of two residents of the City who may be referred to concerning
the moral character of said applicant.
(Prior code § 6-085.1)
A license to act as an auctioneer pursuant to the provisions hereof shall be granted by the Director of Finance upon compliance with Section 5.24.030 and the following condition: The depositing with the City Manager of a penal bond in the sum of $1,000.00 with surety or sureties to be approved by the City Manager, conditioned that upon the failure to comply with any of the conditions or provisions set forth herein that said auctioneer or his or her sureties will pay any fine which may be imposed upon said auctioneer for such violation, and further conditioned that said auctioneer or his or her sureties will pay to any person aggrieved by any act of said auctioneer in violation of any term or terms hereof any amount which a court of competent jurisdiction may determine that such person is entitled to because of said violation.
(Prior code § 6-086)
The provisions of Section 5.24.040 shall not apply to any license now in force authorizing the holder to do business as an auctioneer, but upon the termination of said license the future conduct of such auctioneer shall be governed by said section. All other sections hereof shall apply to all auction sales held or made after the effective date of Ordinance No. 940.
(Prior code § 6-086.1)
No auctioneer of personal property shall knowingly or negligently
misrepresent the quality of any article offered for sale at any auction
and for a violation thereof may be punished as herein provided.
(Prior code § 6-087.1)
No auctioneer of personal property who shall offer for sale
at public auction any article shall thereafter substitute any article
in lieu of that offered after the same has been purchased.
(Prior code § 6-087.2)
No auctioneer of personal property shall, with intention to
induce a person to purchase same, make any false representation or
statement as to the ownership, character, or quality of or pretended
owner of such property.
(Prior code § 6-087.3)
No auctioneer shall falsely represent or pretend that any goods,
wares, or merchandise which are offered for sale at auction are in
whole or part a bankrupt, insolvent or damaged stock of goods or goods
saved from fire or of any character or history other than the true
character and history of the goods.
(Prior code § 6-087.4)
Any auctioneer who shall sell or offer for sale at public auction
in the City, any stock of merchandise which said auctioneer, in any
manner or by any means represents as being a whole or part of goods
belonging or kept in the business of another, shall, before offering
said goods for sale at public auction, file with the Director of Finance
10 days before the opening of any auction, a verified detailed inventory
of this stock of merchandise which said verification shall state that
the inventory as filed is, in all respects, true and that no goods
not thus inventoried will be sold. No goods other than the goods listed
in said inventory may be sold at said auction. Said inventory shall
be kept by the Director of Finance as a part of his or her records
and shall be open for inspection to the public.
(Prior code § 6-087.5)
Every auctioneer must keep a record book in which must be entered
each sale, the amount paid and date of each sale, which book shall
be open at all times for inspection by any member of the Police Department
of the City.
(Prior code § 6-087.6)
Any person, or persons, aggrieved or damaged by any act of an
auctioneer in the City in violation of or contrary to the provisions
hereof, shall have an action against such auctioneer or/and his or
her bondsmen upon his or her official bond therefor.
(Prior code § 6-087.7)
Upon the violation of any of the terms or conditions set forth herein the City Council may, after hearing, revoke any license granted hereunder. A conviction under Sections 5.24.060 to 5.24.090 inclusive, hereof shall automatically revoke the license of the person convicted.
(Prior code § 6-087.8)
No person shall be granted a license hereunder whose license
has been revoked during the six months next preceding the date of
the filing of said application, except with the consent of the City
Council.
(Prior code § 6-087.9)
No auction of jewelry shall be held unless the person, firm,
or corporation offering said stock for sale at public auction has
been continuously in business in the City as a retail or wholesale
merchant of jewelry for at least one year before the date on which
said auction shall open, and only where said merchant is bona fide
disposing of his or her stock for the purpose of retiring from business.
(Prior code § 6-088)
The term "jewelry" as used herein means diamonds and other precious
and semiprecious stones, pearls, cultured pearls, synthetic stones,
and any imitations of any of these articles, articles for personal
wear and adornment of any character whatsoever commonly and commercially
known as "jewelry," watches, clocks, silverware, goldware, and precious
metal ware of the platinum group, and wares plated with any of the
precious metals.
(Prior code § 6-088.1)
The provisions of Sections 5.24.150 and 5.24.160 shall not apply to judicial sales or sales by executors or administrators, nor to sales by or on behalf of a licensed pawnbroker of unredeemed pledges in the manner provided by law. Provided that if a person is engaged in a combined jewelry and pawnbroker business, that portion of the business which is a "jewelry business" as distinguished from the business of the pawnbroker shall be subject to the provisions hereof.
(Prior code § 6-088.2)
All auctions herein provided for shall be held on successive
business days when once commenced, and shall not continue for more
than 30 days from the commencement of said auction.
(Prior code § 6-089)
All auction sales of diamonds, watches, clocks, jewelry, silverware,
oriental rugs and bric-a-brac must be held between sunrise and sunset,
but auctions of all other goods may be held at any time.
(Prior code § 6-089.1)
The provisions set forth herein shall have no application to
any auction or sale conducted by any charity, church or lodge or other
association or corporation not organized for profit.
(Prior code § 6-090)
The provisions set forth herein shall have no application to
any auction conducted by a person operating a business of a type described
in this code, or by an individual who is regularly employed in that
business by such a person, if all of the following conditions are
met:
A.
The
goods which are to be sold at the auction are of the same type or
variety of goods which have been sold in the ordinary course of that
business;
B.
The
goods which are to be sold at the auction are the property of the
auctioneer or the person who is the employer of the auctioneer;
C.
The
auction is to be conducted on the business premises of the owner of
the goods where such goods have been regularly sold;
D.
The
goods to be sold are either unused goods, returned goods which had
been sold by the same person and were unused at the time of the original
sale, or goods which have been traded or exchanged for unused goods;
E.
The
license fees required under this code have been paid, and the operator
of the business has a valid business license at the time of the auction.
This section shall not be construed to exempt any person from the
requirements of this code.
(Prior code § 6-090.1)
Sections 5.24.100 and 5.24.180 shall not apply to any auctioneer who conducts auctions on not less than four days within each successive 30-day period following the date of his or her application for an auctioneer's license if all auctions are conducted at the same place of business by the same auctioneer or by the authorized agents of the same auctioneer, provided that all goods or merchandise sold by auction, pursuant to this section, shall be new or unused.
(Prior code § 6-090.2)
