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HomeMy WebLinkAboutCC ORD 1951-811 Auction regulations (6.22)ys u 811 ORDINANCE NO, 511 AN ORDINANCE PROVIDING REG- ULATIONS FOR CONI)CCTING, MANAGING. CARRYING ON OR ENGAGING IN THE OCCUPA- TION OR BUSINESS OF AUC- TIONEER AND/OR AUCTION HOUSE IN THE CITY OF NA- TIONAL CITY, CALIFORNIA. The City Council of the City of National City, California does ordain as fol'ows: SECTION 1. DEFINITIONS. When used in this Ordinance: (a) "Auction" shall mean a pub- lic salt of property by public outcry to the highest bidder. (b) "A uet ion eer" shall include and comprehends the following: (11 Any person who shall sell or offer to sell by public outcry to the highest bidder, when bids :are ('a11td for. any real estate or inter- est then -in, or any goods, wares, pier( h'andise, or other personal prop- erty. new or used, in any tent. build- ing or structure, or on any of the streets or sidewalks, or to any other pace in the City of National City :.here Lhe general pubic Is permitted to ;attend and offer bids. (2) Any person who shall ad- vertise himself as a pub'i:: auoe(oneer. or in any other manner hold himself out as an auctioneer as defined in paragraph (I) of this subsection (b) for 'nubile patronage. or shall receive a fee or commission for services as such. (el ".Uaetion house" shall mean a fixed location wherein goods, wares. merchandise. or other items of per- sonal property, new Or used, are of- fered for sale at auction as an es- tablished auction business. SUCTION 2. LICENSER: CLASSI- FICATION. The following licenses are hereby required for the following (lasses etai fished for li: ensing ;wc- i/mes,•rs, auctions and auction houses: Cass A License. Every auctioneer. Class II L1; ease. Every person. firm. coroor tion or association that sells or offers for sale at auction any teal estate or interest therein, or any goods. wares, niers hand ise or other personal property. new or used, at any place other than an auction house. Class C I.l:ense. livery person, firm, corporation or association that a,l era tr•s ail auction hawse. SECTION 3. LICENSES: APPLI- CATION. Each application for a li- cense shall be vet iiled under oath and be filed with the City Treasurer. Each applicant shall specify therein the length of his residence In the C.tunty of San Diego. the location of his last pave of business, the name s•.nd character of such business, the length of time he was engaged there- in, and the names and addresses of time persons residing within the County of San Diego as references. SECTION 4. LICENSES: APPLI- CATION: CI.ASS A. No Class A li- cense shall be granted unless it shall appear by sworn statement in the at ppii..ation that the applicant. is a citizen of the United States or has duly declared his intention of becom- ing a citizen of the United States and has been at bona fide resident of the County of San Diego for a period of six months immediately preceding such application. SECTION 5. LICENSES: APPLI- CATION: CLASS B. In addition to the information specified in Section hereof, each application for a Class I; license shall also specify the store or place in the City of National City where the applicant proposes to con- duct an auction. the owner or owners and the character of the property to be sold. A. separate license shall be required for each Class R auction. SECTION S. LICENSES: APPLI- CATION: ('LASS C. In addition to the information specified in Section 3 hereof, each application for a Class C license shall also specify the loca- tion of the place of business in the City of National City where the ap- plicant Iroptses to conduct an auc- tion house. Each applicant for a Class C license shall pay the sum of $50.00 to the City Treasurer of the City of National City at the time of making an original application which said sum of $50.00 shall be used by the City of National City as compensa- tion for making an investigation of the statements and references contained in ex•.id application and it shall be duty of the said City after the said application and the bond referred to in Section 7 hereof have been filed, to make a careful and thorough investigation of the statements and references contained in sail application. The payment of said sum of $50.00 shall be required only upon the making of an original •application by each aptiliotant for a Class C license and shall not apply application for renewal of said I,.•nse. SECTION 7. ItONI). Each applica- 'ion for a Class A or Class C license hereunder must he accompanied by a bond, in the principal amount of Twenty Five Hundred Dollars ($2500.IX1), the form of which shall lie approved by the City Attorney with one or more sureties thereon, to be approved by the City Treasurer. The condition of cavil bond must be substantially such that the principal therein named a -ill faithfully conform to each and all ordinances of said City of the County of San Diego and etch and all laws of the State of C•a'i fortda, whether then in force or which may thereafter be adopted. re- b tinq to auctions or the business of auctioneers, or the prevention of C:'a ud u'ent practises in generil. Said bond shall provide that the Principal and the surety or sureties named in the bond. and their heirs, executors. :aduministrators, successors and assigns shall be Jointly and severally bound unto the City of National City and unto any and every person aggrieved r r damage/1 by broach of the condi- tion of said bond. and said bond sail provide that the bond shall not be void upon the first recovery. but tray be sued and recovered upon from time to time, by the City of National City or by any person ag- grieved or damaged, in his own came, until the whole penalty Is ex- hausted; and the life of the obliga- tion of sueh bond shall be made such that it will continue for such length of time as such license remains in force and effect. In the event a person is licensed in more than one class as provided herein, the posting of one bond shall be deemed sufficient to cover all classes of auction licenses held by such person. SECTION S. LICENSES: ISSU- ANCE:. Upon approval of any appli- cation above referred to the license applied for shall be issued, if the license is a Chess R or Cass C li- (ense, it shall designate the store or other place in the City of National City where tho applicant proposes to co ndui t an auction or auctions. Class or Class C licenses shall be annual licenses, S"CTTON 0. GOODS, WARES AND MERCHANDISE. No auction shall be concl;at(el by any person other than one holding a Class A license. Where the sale of any goods, wares, mer- chandise or other personal property, new or used. is by auction other than at an auction house, such sale shall be held on successive days, Sundays and legal holidays excepted. and shall not continue for more than thirty (30) days; provided that where such goods. wares. merchandise or other personal protcrty. new or used. Is the stock on hand of a person, firm, corpora - lion or association which is bona tide disposing of such stock for the pur- Itcse 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 circum- stances. SECTION 10. "CLOSING OUT" SALES. Any person, firm, corporation or association intending to dispose of its stock on hand by sale at auction at retail, which sale Is to be adver- tised or publicly announced as a "Closing out sale," a "going out of business sale", n. "quitting business sale", or similar type of sale, must make a written application, verified under oath, to the City Tres:strer at least fifteen (15) days before the Intended sale is to begin, which ap- plication shall specify the name and address of the applicant, the loca- tion and purpose of the sale and its exps•ted duration. the name of the auctioneer who shall conduct the sale, an Inventory itemizing in de- tail the nua.lity, quantity. kind or grade of each Item of goods wares, iced other articles to be sold, with the wholesale market value thereof, and shall include 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 said in- veptory do not exceed by 25% the t'ntt volume of the inventory carried by the applicant ninety (00) days prior to the application and that said Items were not secured. purchased or brought into said Place of business for or in anticirxttirat of said sale, The inventory set forth in the ap- plication as herein provided shall not exceed byk the unit volume of the inventory carried by the applicant ninety (00) days prior to application, Any inventory in excess of the fore- going shall be cause for refusal to i"sue s.ny liamse. Provided further, that Whenever the stork on hand to be sold eat auction as described In this section is a stock of Jewelry as described In section 11 of this Ordi- nonce, then in that event the aria - ration required by this section shall be accompanied by the sum of $50.00 which sum shall be used by the City for the purpose of making an inves- tigation of the statements and in- ventory contained in said application, SIOCTI ON 11. AUCTIONS OF .EWELRY. It shall be unlawful for any person, firm, corporation or as- sociation to sell, dispose of, sir offer for sate. or cause or permit to he sold, disposed of or offered for sale at auction in the City of National City, California, any platinum. gold, silver, plated ware, pnnrlous stones, semi --precious stones. watches or oth- er Jewelry, new or used, whether the some shall be the property of said person, firm, twrperation or associa- tion or the property of another; pro- vided. however. that the foregoing provisions of this section shall not apply to the following: (a) The sale al a anion of the stick on hand of :any person, firm, iorporat ion or association that, for the period of one year next preced- ing such sale, shall have been con- tinuously in business in the City of National City as a retail or whole- sale merchant of platinumm, gold. sil- ver or plated ware, precious stones or sentipesious stones, watches or other Jewelry. new or used, where such person, firm, corporation or as- vaaatlon is bona fide disposing of its stock on hand for the purpose of retiring from business. (b) The sate at auction of such stock on hand of any person, firm, corporation or association as describ- ed in aibsection (a) of this section, where said stock has been purchased by a holder of a Class C license un- der this Ordinance. s11 No sale at auction of platinum, gold, silver, plated ware, precious stones. sem4vedous stones, watches ( or other jewelry, now or used. shall ,•' be held between 1::00 P.M. and 9: / A.I. / SECTION 12. TAGGING RE- QUIREMENTS. It shall be unlawful for an;: person, firm, corporation or association to offer for sale or sell. either tow Itself or for another, at auction any article of platinum, gold, silver, plated ware, precious stones. semiprecious stones, watches or other jewelry. new or used, unless there is securely attached to the article so offered for sale or sold, a tag, card or label upon which shall be plainly written or printed in English a true and correct statement of the kind and quality of the materiel (w' ma- terials of which said article is corn - leased: and in case such article is an article of metal: jewelry such state- ment shall contain :r true and cor- net statement of the kind and quality and/or weight of the metal of which said article is made or com- posed and the percentage or carat of Purity of such metal Or article; and in rase such article is p'ated or over- lo'd then such satement shall con- tain a true statement of the kind of Plate and the Pt'reentarge of purity of such plate. and the kind of metal or material covered: and In case such article Is a precious or semiprecious stone, such statement shall contain the true name, w-ei'cht, quality, color and fineness of said stone: and In rage such ar•'lcle be a watch. such statement shall eon naln th- true name of the mannfaeturer the-...f: and In (ass any Used movement or substi- tute next of movement of any watch he offered for sale in a new Cse. suer fact shall be set forth in said statement: and In the event that any auction sale shall have been ad- vertised as offering such articles from a designated or named estate or source, then, the tag or label on said article shall state the designated or named estate or source from which that particular arti le was obtained: :and no such astlde so sold or offer - (el far sole shall hear any false. mis- leading name. description or entry thereon: and it shall be deemed "lima facie evidence of intent to de- fraud or violate the provisions of this Ordinance where such article so sold or offered for sale fails to com- pare with the description indicated on the tag. yard or label. as herein- :dbov'e provided. Such tag, card. or label shall remain securely attached to any such arti le so sold or offer- ed for sate. and shall be delivered to the purchaser by the moon. firm. corporation or association so selling the same as a correct description and renresentatlon of the article so .old. In case there are more than one of the same kind of article to be s&O. then such tag, card or label shall indicate the chronological num- ber of the respective articles of the same class so sold. The auctioneer (inducting the sale must at the end of every twenty-four hours. deliver or mail to the Chief of Police of the City- of National City, an itemized statement of all sales of such ar- tic'es made by him during the pre- ceding twenty-four hour period. This itemized statement shall be subscrib- ed by the auctioneer cominctsng the sale and any false statement sub- mitted by said auctioneer to the Chief of Police shall be deemed sufficient rause for the suspension or revoca- tion of his license. SECTION 13. ANNOI'N(tEM'IcNT OF TERMS AND CONDITIONS- It shall be the duty of every auctioneer each day at the beginning of an auc- tion in the City of National City to fully state the terms and conditions upon which the sale or sales will be made, and that such buyer must set- tle for any article AO purchased with- in a specified period of time after the purchase not to exceed twenty- four hours. SECTION 14. INVOICE: WAR- RANTIES. It shall be the duty of the person, firm. corporation or as- sociation whose merchandise is being sold at auction to give each and ev- ery purchaser of an article. the sell- ing price of which amounts to the sum of One Dollar ($1.00) or more, an invoice containing a full descrip- tion of the article, the selling pdoe thereof, together with a statement giving each and every warranty un- der which the article was sold. Du- plicate copies of said invoices shall be kept for one year by such Per- son. firm, corporation or association. SECTION 15. PROHIBITIONS. It is hereby made unlawful for any person, fine. corporation, or associa- tion selling property at auction or .onduor ng, or assisting in carrying on or conducting an auction: (a) To knowingly and intention- ally make any statement which is false in any particular. or which has ten''ency to mislead any person present, or to make any misrepresen- tation whatsoever or at all, as to the quality 'a- quantity or character or present condition or value or cost or general selling price of any prop- erty, whether new or used: (b) To have or employ or permit any person to he or take Part in, or far any person to act as a capper or by -bidder, booster or puffer, or to make any fictitious or fraudulent laid. or hid not made in good faith or not intended to he consummated by a. sale: (c) Tu ring any bell or sound any other loud or noisy instrument for the *Impose of attracting atten- ti.wt to any auction; (d) To offer or attempt to dis- pose of any property at any auction i� hind packages or any property rot at the time actually exhibited to pub'ic view, or to the view of the persons bidding on the same. ex- c.-It thet prolerty which is described in Sections alid22 and 3153 of the Po- litical Code of the State of California: (e) To offer or attempt to dis- lose of goods, wares, or merchandise at no au Lion between sunset and sasr.rise, un:ess such towsis, wares or n•e-'handise have been on display dtv ing the daylight hours of the busim•as day preceding such sale; (f) To refuse, fail or neglect to d'li• er Complete and immediate poe- a ssion to the purchaser of any pr'op- rty upon the payment of the pur- ehase price thereon, in accordance w i•h the terms of the sale; (t) To substitute any article In l ou of the article offered to and pur- chased by the bidder, except with the bidder's knowledge and consent: (h) To sell or offer for sale at auction any propery whatsoever without having a valid and unrevok- ed license cr licenses therefor, as re- quired by this Ordinance. SECTION 10. SALES EXEMPT FROM APPLICATION OF ORDI- NANCE. Nothing contained in this Ordinance shall apply to the follow- ing: (a) .judicial sales; (b) Sales by executors or ad- ministrators; (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 official capacity re- quired to be made under the laws of the United States or of the State of C-life rnia or under the Charter or Administrative Code or Ordinances of the County of Son Diego: (e) Sales of livestock; (f) Sales of property by any so - Mal organization for the purpose of raising funds to peomote or further Ps ebjeets, or fur any public pur- pose whatsoever; (It) Sales eundu'•ted under the provisions of the Uniform Ware- houtse Receipts Act: (h) Sales made under a non - statutory assignment for the bene- fit of creditors generally, which sale shall be conducted by an auctioneer licensed pursuant to this Ordinance, where said sale is limited to the stock in trade and fixtures on the prenrLses in the City of National City at the time of said assignment and where said sale is held on said prem- ises. (I) Sales made by or in behalf of licensed pawn brokers of unredeemed pledges in the manner provided by law. SECTION 17. LICENSE FEES. The annual fee for a Class A license is $50.00. The tee for each Class B license is $10.00 per day. The an- nual fee for a Class C license is $50.00. The annual license fees shall be due on January 1 and delinquent on February 1. SECTION 18. PENALTY PROVIS- ION. Any person, firm. corporation or association that violates any pro- vision of this Ordinance shall be guilty of a misdemeanor and shall be punishable by imprisonment in the county Still not exceeding six months, or by fine not exceeding $500.00, or by both. SECTION 19. SEVERAItII.ITY OF PROVISIONS. If any section, sub- section, sentence, clause or phrase of this Ordinance Is, for any reason. held to be invalid or unconstitution- al, such invalidity or unconstitution- ality shall not affect the validity or constitvtlotw.11ty of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section. subsec- tion, clause and phrase hereof, would have been prepared, proposed, adopt- ed, approved and ratified irrespec- tive of the fact that any one or more other sections, subsections, sentences, ,-lauses or phrases be declared in- salid on- unconstitutional. SECTION 20. Investigations re- quired by Sections 3 and 10 shall be made by the Chief of Police at the request of the City Treasurer and no permit shall be issued by the City Treasurer until the Chief of Police has completed his investigation and reported that the statement in the application complies with the provis- ions of this ordinance. SECTION 21. The City Clerk is hereby directed to cause this Ordi- nance to be published once in the National City News, a newspaper of general circulation printed and pub- lishes' in said City. SECTION 22. This ordinance shall take effect and be in force on the 31st day after its final passage. PASSED AND ADOPTED by the City Council of the City of National City, California. this 2nd day of .January. 1961. by the following vote, to -wit : AYES: Councilmen Carrigan, Clarke. Curry, Hart. Matthews. NAYS: Councilmen None A13SENT: None. CLINTON D. MATTHEWS. Mayor of the City of National City, California. ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing (H-dinance this 2nd day of January, 1051. CLINTON D. MATTHEWS, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 811 of the Ordinances of the City of National City, Califor- nia, as adopted by the City Coun- cil of said City, LQtij approved by the Mayor of said of January, 1951. IRENE ) City Clerk of the City- of National City', California. on thru1L��^-. (SEAL) News: 1711. .tan '5, Jno. 249fi, AND I HEREBY CERTIFY that the :tune has been duly published ac- cording to law. City Clerk, City of National City, California.