For the purposes of this chapter, the following definitions
shall apply:
means a public sale of property by public outcry to the highest
bidder.
includes and comprehends the following:
Any person who sells or offers to sell by public outcry to the
highest bidder, when bids are called for, any real estate or interest
therein, or any goods, wares, merchandise, or other personal property,
new or used, in any tent, building or structure, or on any of the
streets or sidewalks, or in any other place in the City where the
general public is permitted to attend and offer bids;
Any person who advertises as a public auctioneer, or in any
manner holds himself or herself out as an auctioneer as defined in
subdivision 1 of this definition for public patronage, or shall receive
a fee or commission for services as such.
means a fixed location wherein goods, wares, merchandise
or other items of personal property, new or used, are offered for
sale at auction as an established auction business.
(Ord. 557 § 3, 2019)
A.
The
following permits are required for the following classes established
for licensing auctioneers, auctions and auction houses:
1.
Class
A Permit. Every auctioneer;
2.
Class B Permit. Every person who sells or offers for sale at auction any goods, wares, merchandise or other personal property, new or used, other than pursuant to Section 4.05.080 at a place other than an auction house;
3.
Class
C Permit. Every person who operates an auction house;
B.
Each
applicant for any class of permit is required to obtain a business
license and regulatory permit.
(Ord. 557 § 3, 2019)
Each application for a Class A, Class C or Class D permit must be accompanied by evidence of a bond filed with the Secretary of State as required by Title 2.95, Part 4, Division 3 of the Civil Code.
(Ord. 557 § 3, 2019)
The fee for each license and permit shall be due and payable
to the issuing officer at the time of application for the license
and permit in an amount established by resolution of the City Council.
(Ord. 557 § 3, 2019)
Upon approval of any application, the permit applied for shall
be issued. If the permit is a Class B or Class C permit, it will designate
the store or other place in the City where the applicant proposes
to conduct an auction or auctions. Class A and Class C permits are
annual permits.
(Ord. 557 § 3, 2019)
No auction may be conducted by any person other than one holding
a Class A permit. Where the sale of any goods, wares, merchandise,
or other personal property, new or used, is by auction other than
at an auction house, such sale must be held on successive days, Sundays
and legal holidays excepted, and must not continue for more than 30
days, provided, that where such goods, wares, merchandise or other
personal property, new or used, is the stock on hand of a person,
firm, corporation or association which is bona fide disposing of such
stock for the purpose of retiring from business, the City Council
may upon application grant such additional time for the conduct of
such auction as it may deem necessary under the circumstances.
(Ord. 557 § 3, 2019)
A.
Any
person intending to dispose of stock on hand by sale at auction at
retail, which sale is to be advertised or publicly announced as a
"close-out sale," a "going out of business sale,"
a "quitting business sale," or similar type of sale, must
make a written application, verified under oath, to the treasurer
at least 15 days before the intended sale is to begin. The application
must specify the following:
1.
The
name and address of the applicant;
2.
The
location and purpose of the sale and its expected duration;
3.
The
name of the auctioneer who will conduct the sale;
4.
The
inventory itemizing in detail the quality, quantity, kind or grade
of each item of goods, wares, and other articles to be sold, with
the wholesale market thereof; and
5.
A
declaration that the merchandise or property to be sold at auction
is a bona fide part of the applicant's stock in trade, that
the items listed in the inventory do not exceed by 25% the unit volume
of the inventory carried by the applicant 90 days prior to the application
and that the items were not secured, purchased, or brought into the
place of business for or in anticipation of the sale.
B.
The inventory set forth in the application must not exceed by 25% the unit volume of the inventory carried by the applicant 90 days prior to application. Any inventory in excess of the foregoing is cause for refusal to issue any permit; provided further, that whenever the stock on hand to be sold at auction as described in this section is a stock of jewelry as described in Section 4.05.080, then application must be made for a Class D permit.
(Ord. 557 § 3, 2019)
It is unlawful for any person to sell, dispose of, or offer
for sale, or cause or permit to be sold, disposed of or offered for
sale at auction in the City any platinum, gold, silver, plated ware,
precious stones, semi-precious stones, watches or other jewelry, new
or used, whether the same shall be the property of the person, or
the property of another; provided, however, that the foregoing provisions
of this section do not apply to the following:
A.
The
sale at auction of the stock on hand of any person that, for the period
of one year preceding such sale, has been continuously in business
in the City as a retail or wholesale merchant of platinum, gold, silver
or plated ware, precious stones or semi-precious stones, watches or
other jewelry, new or used, where such person is bona fide disposing
of its stock on hand for the purpose of retiring from business.
(Ord. 557 § 3, 2019)
A.
It is
unlawful for any person to offer for sale or sell, either for itself
or for another, at auction any of the following articles without a
label meeting the requirements of this section. If the article is:
1.
Platinum,
gold, silver, plated ware, precious stone, semi-precious stones, watches
or other jewelry, new or used, there must be securely attached to
the article a tag, card or label containing a true and correct statement
of the kind and quality of the material or materials of which the
article is composed;
2.
Of
metal jewelry, such statement must contain a true and correct statement
of the kind and quality and/or weight of the metal of which article
is made and composed, and the percentage or carat of purity of such
metal or article;
3.
Plated
or overlaid then such statement shall contain a true statement of
the kind of plate and the percentage of purity of such plate, and
the kind of metal or material covered;
4.
A
precious or semi-precious stone, such statement must contain the true
name, weight, quality, color and fineness of said stone;
5.
A
watch, such statement must contain the true name of the manufacturer
thereof; and in case any used movement or substitute part of movement
of any watch be offered for sale in a new case, such fact must be
set forth in the statement.
B.
In the
event that any auction sale has been advertised as offering such articles
from a designated estate or named source, then, the tag or label on
the article must state the designated or named estate or source from
which that particular article was obtained.
C.
No article
subject to the labeling requirements of this section may bear any
false, misleading name, description or entry. It is deemed prima facie
evidence of intent to defraud or violate the provisions of this chapter
where such article so sold or offered for sale fails to compare with
the description indicated on the tag, card or label, as provided in
this section.
D.
Each
tag, card, or label must remain securely attached to any such article
sold or offered for sale, and must be delivered to the purchaser by
the person selling the same as a correct description and representation
of the article so sold.
E.
In case
there are more than one of the same kind of article to be sold, then
such tag, card or label must indicate the chronological number of
the respective articles of the same class so sold.
F.
The
auctioneer conducting the sale must at the end of every 24 hours,
deliver or mail to the Sheriff an itemized statement of all sales
of such articles made during the preceding 24 hour period. This itemized
statement must be subscribed by the auctioneer conducting the sale
and any false statement submitted by said auctioneer to the Sheriff
is deemed sufficient cause for the suspension or revocation of a permit.
(Ord. 557 § 3, 2019)
Every auctioneer, each day, at the beginning of an auction in
the City must fully state the terms and conditions upon which the
sale or sales will be made, and that a buyer must settle for any article
so purchased within a specified period of time after the purchase
not to exceed 24 hours.
(Ord. 557 § 3, 2019)
It is the duty of the person whose merchandise is being sold
at auction to give each and every purchaser of an article that sells
for one dollar or more, an invoice containing a full description of
the article, the selling price, together with a statement giving each
and every warranty under which the article was sold. Duplicate copies
of invoices shall be kept for one year by such person.
(Ord. 557 § 3, 2019)
It is made unlawful for any person selling property at auction
or conducting or assisting in carrying on or conducting an auction:
A.
To knowingly
and intentionally make any statement which is false in any particular,
or which has a tendency to mislead any person present, or to make
any misrepresentation whatsoever or at all, as to the quality or quantity
or character or present condition or value or cost or general selling
price of any property, whether new or used;
B.
To have
or employ or permit any person to be or take part in, or for any person
to act as a capper or by-bidder, booster or puffer, or to make any
fictitious or fraudulent bid, or bid not made in good faith or not
intended to be consummated by a sale;
C.
To ring
any bell or sound any other loud or noisy instrument for the purpose
of attracting attention to any auction;
D.
To offer
or attempt to dispose of any property at any auction in blind packages
or any property not at the time actually exhibited to public view,
or to the view of the person bidding on same, except that property
which is described in Sections 2081 and 2081.1 of the Civil Code of
the State of California;
E.
To offer
or attempt to dispose of goods, wares, or merchandise at an auction
between sunset and sunrise, unless such goods, wares or merchandise
have been on display during the daylight hours of the business day
preceding such sale;
F.
To refuse,
fail, or neglect to deliver complete and immediate possession to the
purchaser of any property upon the payment of the purchase price thereon,
in accordance with the terms of the sale;
G.
To substitute
any article in lieu of the article offered to and purchased by the
bidder, except with the bidder's knowledge and consent;
H.
To sell
or offer for sale at auction any property whatsoever without first
having a valid and unrevoked license or permits therefor, as required
by this chapter.
(Ord. 557 § 3, 2019)
Nothing contained in this chapter applies to the following:
A.
Judicial
sales;
B.
Sales
by executors and administrators;
C.
Sales
made upon execution or by virtue of any other process issued by a
court;
D.
Sales
made by any public officer in his or her official capacity required
to be made under the laws of the United States or the State of California
or under the Administrative Code, this code, or any ordinance;
E.
Sales
of livestock and sales of heavy construction equipment;
F.
Sales
of property by any social organization for the purpose of raising
funds to promote or further its objects, or for any public purpose
whatsoever;
G.
Sales
conducted under the provisions of the Uniform Warehouse Receipts Act;
H.
Sales
made under a nonstatutory assignment for the benefit of creditors
generally, which sale shall be conducted by an auctioneer permitted
pursuant to this chapter, where the sale is limited to the stock in
trade and fixtures on the premises in the City at the time of the
assignment and where the sale is held on the premises;
I.
Sales
made by or on behalf of permitted pawnbrokers of unredeemed pledges
in the manner provided by law.
(Ord. 557 § 3, 2019)
