568ORDINANCE NO. 568
AN ORDINANCE OF THE CITY OF
ANAHEIM RELATING TO THE
SALE OR OTHER DISPOSITION OF
DISE IN THE CITY OF ANAHEIM
AT AUCTION AND PROVIDING
LICENSES IN CONNECTION
THEREWITH, PROVIDING PEN-
ALTIES FOR THE VIOL ATI97i
THEREOF, AND REPEALIXG ALL
ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT
HEREWITH.
THE CITY COUNCIL OF THE CITY
OF ANAHEIM DO ORDAIN AS
FOLLOWS:
SECTION 1. It shall be unlawful
for any person to sell or expose for
sale by way of auction, except under
and by virtue of legal process, any
property, real or personal, within the
limits of the City of Anaheim, without
having first obtained the proper license
therefor as hereinafter provided, and
any such auctioneer's license granted
hereunder shall not be assignable .r
transferable except upon approval by
the City Council, by resolution or or-
dinance; provided however, that this
ordinance shall not apply to any person
engaged in the selling at auction of
second-hand or used goods, wares and
merchandise in the City of Anaheim,
but that said auctioneers shall be gov-
erned by the provisions of Ordinance
No. 507 of the City of Anaheim, and
shall pay the license fee required there-
in.
SECTION 2. Such auctioneer's
license shall be of two classes, namely:
The First Class, which shall be a daily
license only, and for which the licensee
shall pay to the City Treasurer of the
City of Anaheim, the sum of Fifty
($50.00) Dollars per day, and furnish
the bond hereinafter required and such
license shall authorize the holder there-
of, subject to the provisions of this and
other ordinances of the City, to sell or
offer for sale, any property either real
or personal, within the said City.
The Second Class, which shall be a
yearly license and for which the lic-
ensee shall pay to the City Treasurer of
the City of Anaheim the sum of One
Thousand ($1000.00) Dollars in advance,
and furnish the bond hereinafter re-
quired, and such license shall authorise
the holder thereof, subject to the pro-
visions of this and other ordinances of
the City, to sell any and all classes of
real and personal property in the City
of Anaheim, except the following:
articles of gold, silver, or plated ware;
jewelry, watches, precious or semi-
precious stones, Japanese or Chinese
wares, objects of art or what are usu-
ally known and designated as antiques,
whether any of said articles are new,
and any new goods, wares or merchan-
dise.
SECTION 3. That no auctioneer
shall ring a bell or permit the same to
be rung in or about the front of the
premises where he is conducting an
auction sale, before, after or during
such sale. Neither shall he permit
soliciting by music, singing or loud
noises to be made or done for the pur-
pose of attracting the public.
of the movements or mechanism thereof
shall be substituted or contain false and
misleading names or trade marks,
neither shall second hand or old move-
ments be offered for sale in new cases,
without a true statement to that effect.
Such tag or label shall remain securely
attached to any such articles or mer-
chandise, shall be delivered to the pur-
chaser as a true and correct descrip-
tion and representation of the articles
sold, and in case said written statement
is not a true and correct description
and representation of such articles
sold, the same shall be deemed prima
facie evidence of intent to defraud.
SECTION 5. The auctioneers offer-
ing for sale any of the articles men-
tioned in Section 4 hereof, shall retain
in his possession the money or other
valuable thing or things received for
the article or thing so sold for at least
forty-eight (48) hours from the time
such sale is made. If the purchaser of
such article or things sold shall, within
forty-eight (48) hours, make c'aim
against said auctioneer upon the ground
that the article or thing sold to him
at auction was not as represented b3'
said auctioneer and shall demand of the
auctioneer the return of the money or
other consideration, and shall offer to
return the article or thing purchased,
then and in such a case the auctioneer
shall either return to the purchaser the
purchase price or deposit with the Chief
of Police, taking his receipt therefor,
said purchase price as a fund to answer
and pay any judgment that may be
recovered against said auctioneer by
the puchaser, provided that if no action
be commenced against said auctioneer
within fifteen (15) days from the date
such sale the Chief of Police shall not
be required longer to hold such pur-
chase price deposited with him and
upon presentation of the receipt may
return same to the auctioneer.
SECTION 6. It shall be unlawful for
any person to act as a by -bidder or
what is commonly known as a "capper"
or "booster," at any auction or place
where goods, wares or merchandise or
anything whatever, is sold, held or
offered for sale, at auction; or to offer
or make false bids on any thing or
article held or offered for sale at such
auction, or pretend to buy any thing
at any auction sale, in order to in any
manner stimulate such sales by any
deceit or misrepresentation in the
making of bids or offers for the pur-
chase of any thing held or offered
therein for sale
SECTION 7. That it shall be unlaw-
fut-€er=atty person, firm or corporation,
with intent to sell or dispose of at auc-
tion any goods, wares or merchandise
or to induce the public in any manner
to enter into any obligation pertaining
thereto, or to acquire title thereto or
interest therein at any such sale, to
make, publish, disseminate, circulate,
or place before the public, or cause,
directly or indirectly, to be made,
published, disseminated, circulated or
placed before the public within the City
of Anaheim, in a newspaper or other
publication, or in the form of a book,
notice, handbill, poster, bill, circular,
pamphlet, or letter or in any other way,
&U,adiiWiLWment of any ,sort regarding
thereof formerly belonging to or kept
in the business of another person, firm
or corporation, either resident or non-
resident, without having first filed ai
the office of the Chief of Police of the
City of Anaheim an inventory of such
goods, wares and merchandise duly
supported by affidavit, setting forth the
quality, quantity, kind or grade of
each item thereof, in the case of an
individual, such affidavit shall be made
by him as such; in the case of a firm,
it shall be made by one of the partners,
and in the case of a corporation, it
shall be made by an officer of the cor-
poration. Such inventory and affidavit
when so made shall be kept on file as
part of the public records of his office
by the Chief of Police. Any owner of
goods, wares and merchandise sold or
offered for sale by auction as aforesaid
shall not later than noon of each day.
during which such auction sale is be-
ing conducted, file with the Chief of
Police an inventory supported by simi-
lar affidavit of all sales made at such
auction sale on the preceding day,
which said inventory shall set forth the
quantity, quality, kind or grade of each
item sold, the name and post office
address of each purchaser thereof, and
the price paid for each of said items.
In the event that additions and re-
plenishments shall be made to and in
said stock of goods, wares and mer-
chandise, sold or offered for sale at
such auction sale during the progress
thereof, the owner of said stock of
goods, wares and merchandise shall
immediately upon adding the same to
the stock of goods, wares and merchan-
dise so held and offered for auction
sale, file an inventory of such additions
and replacements supported by similar
affidavit, with the Chief of Police of the
City of Anaheim, setting forth the
quantity, quality, kind or grade of each
item of such replenishments and addi-
tions, and the name and address of the
owner or owners thereof, which said in-
ventory and affidavit shall be kept on
file as a part of the public records of
his office by the Chief of Police.
SECTION 11. Every applicant for a
license as auctioneer covered by this
ordinance shall, before the issuance of
said license to him, file with the City,
a good and sufficient bond in the sum
of $1,000.00 with a reputable surety
company authorized to do business in
the State of California as surety there-
on, conditioned that such licensee shall
not suffer or permit any fraud or im-
position to be practiced upon bidders
or upon purchasers of property from
him, and that he will comply with all
the terms and provisions of this and
other ordinances of the City of Ana-
heim, and will render a true and strict
account of all his sales to the person
employing him to make the same,
which said bond shall be subject to the
approval of the Mayor.
SECTION 12. All ordinances and
parts of ordinances in conflict with this
ordinance are hereby repealed, and
Ordinance No. 550 of the City of
Anaheim entitled "An Ordinance of
the City of Anaheim Regulating Sale by
Auction of Goods, Wares and Mer-
chandise Within the City Limits of the
City of Anaheim," is hereby repealed.
precious s ones, Japanese or Chinese
tion any goods, wares or merchandise
other ordinances of the City of Ana.-
wares, objects of art or Zahat are usu-
or to induce the public in any manner
Y,eim, and will render a true and strict
ally known and designated as antiques,
ally no
to enter into any obligation pertaining
account of all his sales to the person
any of said articles are new,
wheand
thereto, or to acquire title thereto or
employing him to make the same,
any new goods, wares or merchew,an-
interest therein at any such sale, to
which said bond shall be subject to the
disc.
make, publish, disseminate, circulate,
approval of the Mayor.
SECTION 3. That no auctioneer
or place before the public, or cause,
SECTION 12. All ordinances and
shall ring a bell or permit the same to
directly or indirectly, to be made,
parts of ordinances in conflict with this
be rung in or about the front of the
published, disseminated, circulated or
ordinance are hereby repealed, and
premises where he is conducting an
placed before the public within the City
Ordinance No. 550 of the City of
auction sale, before, after or during
of Anaheim, in a newspaper or other
Anaheim entitled "An Ordinance of
such sale. Neither shall he permit
loud
publication, or in the form of a book,
the City of Anaheim Regulating Sale by
soliciting by music, singing or
notice, handbill, poster, bill, circular,
Auction of Goods, Wares and Mer-
noises to be made or done for the pur-
pamphlet, or letter or in any other way,
chandise Within the City Limits of the
pose of attracting the public.
No
an advertisement of any sort regarding
City of Anaheim," is hereby repealed.
SECTION 4. auctioneer shall
sell, or offer for sale, any article of
merchandise or any thing so offered to
SECTION 13. The City Clerk shall
gold, silver or plated ware; watches,
the public, which advertisement con-
cause this ordinance to be published
jewelry, precious or semi-precious
tains any assertion, representation or
once in the Anaheim Gazette, a weekly
stones, Japanese or Chinese wares,
statement of fact which is untrue,
newspaper printed, published and cir-
objects of art or what is usually known
deceptive or misleading.
culated in said City of Anaheim, and
and designated as antiques, or any necv
SECTION S. No auctioneers' licens^,
same shall take effect and be in full
goods, wares or merchandise, without
shall be issued under any of the pro-
force thirty days thereafter.
at the time of offering such article,
visions of this ardinance authorizing
The foregoing ordinance is signed,
stating in a loud and distinct voice
any auctioneer to conduct any kind of
approved and attested by me this 13th
either that the article is sold without
an auction upon any of the streets or
day of Sept, 1932.
any warrant or representations as to
alleys of the City of Anaheim or to sell,
FRED KOESEL,
quality or price or value or genuiness
expose or offer at or for auction sale,
Mayor of the City of Anaheim.
whatsoever, or that said article is ex-
except by public vendure or auction
Attest:
pressly warranted to be as the auction-
under and by virtue of legal process,
J. W .PRICE,
eer represents it; nor shall he accept
any personal property between the
City Clerk of the
false bids from any person in the em-
hours of from sunset of any day to sun-
City of Anaheim.
ploy of himself or others and no
rise of the succeeding day, or by or
STATE OF CALIFORNIA, )
articles shall be given away, disposed of
with the use or aid of artificial light at
COUNTY OF ORANGE, )ss.
or offered to any person as a gift,
any time, and no auctioneers' license
CITY OF ANAHEIM. )
premium, bonus or inducement to pur-
shall be granted to any person unless
I, J. W. PRICE, City Clerk of the
chase any other article or commodity,
he shall have been a resident of the
City of Anaheim, do hereby certify that
and no person, firm or corporation shall
City of Anaheim for a continuous perioa9
the foregoing ordinance was introduced
offer for sale or sell at public auction
of six (6) months prior to the date of
at a regular meeting of the City Council
any new goods, wares or merchandise
the issuance of such license.
of the City of Anaheim held on the 13th
unless there is securely attached to
SECTION 9. Any such auctioneer
day of Sept., 1932, and that the same
each of such articles a tag or label
ti'ho shall exhibit and offer for sale at
vas passed and adopted at a regular
upon which shall be plainly written or
auction any article and induce its pur-
meeting of said City Council held on the
printed in English, a true and correct
chase by any bidder and who shall
13th day of Sept., 1932, by the following
statement of the kind and quality of
afterwands substitute an article in
y
vote:
metal or material of which such ar-
lieu of that offered to and purchased
APES: Councilmen KoeseSheridan. , Mann,
title is made or composed, and the per-
by the bidder whereby said bidder is de-
Martinet Jr., Cook and Sheridan.
tentage or karat or other common
frauded, shall be guilty of a miede-
NOES: Concilmen None.
designation of such material or metal;
meanor and upon conviction theref
ABSENT AND NOT VOTING: Coun-
and in case such articles are plated,
may be punished therefor as herein-
cilmen None.
overlaid or veneered, then such tag or
after provided.
And I further certify that the Mayor
label shall contain a true statement of
SECTION 10 No person, firm or
of the City of Anaheim signed and ap-
the kind of material or metal covered
corporation shall sell or offer for sale
proved said ordinance on the 13th day
and of the covering; and when preci-
in the City of Anaheim by auction, any
of Sept., 1932.
ous or semi-precious stones are offered
stock of goods, wares and merchandise
IN WITNESS WHEREOF, I have
for sale or sold, such written statement
or any part or portion thereof, whether
hereunto set my hand and affixed the
shall set forth the true name, weight,
same is a stock of goods, wares and
seal of the City of Anaheim this 13th
quality and fineness of said stones and
merchandise or a part or portion there-
day of Sept., 1932.
imitations shall be described as such;
of formerly owned and kept for sale by
(SEAL)
and when watches and clocks are sold,
a resident merchant of the City of
J. W. PRICE,
the true names of the manufacturers
Anaheim, or is a stock of goods, wares
City Clerk of the
shall be stated in writing, and no parts
and merchandise or a part or portion
City of Anaheim.
OPM I1 L CE NO. 568
AY ORDI 'A CE OF T E CITY OF Ai 4HEIM RELATI ATG TO THE SALE OR OTHER DISPOSITION
OF 1,1E CHA1TDISE 17 THE CITY OF A AHEIM AT AUCTICY, AITD PROVIDIivG LICENivSES IN
CO1T '71CTIO2 THEREWITH, PROVIDIT-G PE TALTIES FOR THE VIOLATION THEREOF, A1NID RE—
PEALII�G ALL ORDIITA'_TCES AYD PARTS OF ORDI1\TA;i\TCES IN CO--:T'LICT HEREWITH.
THE CITY COUFCIL OF THE CITY OF ANAHEIM DO ORDAIN AS FOLLOWS:
Section 1. As amended by Ordinance Ido. 594 November 26, 1935:
Section 1. It shall be unlawful for any person to sell or exhibit
for sale by way of auction, except under and by virtue of legal process, any
property, real. or personal, within the limits of the City of Anaheim, without
first obtaining the proper license therefor, as hereinafter provided, and any
such auctioneer's license granted hereunder shall not be assignable or trans-
ferable, except upon the approval of the City Council of the City of Anaheim.
Section 2. Such Auctioneer's License shall be of two classes, namely:
The first class, which shall be a daily license only, and for which the licensee
shall pay to the City Treasurer of the City of Anaheim the sum of Fifty ($50.00)
Dollars per day, and furnish the Bond hereinafter required and such license
shall authorize the holder thereof, subject to the provisions of this and other
ordinances of the City, to sell or offer for sale, any property either real or
personal, within the said City.
The Second Class, which shall be a yearly license and for which the
Licensee shall pay to the City Treasurer of the City of Anaheim the sum of One
Thousand ($1000.00) Dollars in advance, and furnish the bond hereinafter rem
quired, and such license shall authorize the holder thereof, subject to the
provisions of this and other ordinances of the City, to sell any and all classes
of real and personal property in the City of Anaheim, except the following:
Articles of gold, silver, or plated ware; jewelry, watches, precious or semi—
precious stones, Japanese or Chinese wares, objects of art or what are usually
known and designated as antiques, whether any of said articles are new, and
any new goods, wares or merchandise.
Section 3. That no Auctioneer shall ring a bell or permit the same
to be rung in or about the front of the premises where he is conducting an
auction.sale, before, after or during such sale. Neither shall he permit
soliciting by music , singing or loud noises to be made or done for the purpose
of attracting the public.
Section 4. No Auctioneer shall sell or offer for sale any article of
gold, silver or plated ware; watches, jewelry, precious or semi—precious stones,
Japanese or Chinese wares,objects of art or what is usually known and designated
as antiques, or any new goods, wares or merchandise, without at the time of
offering such article, stating in a loud and distinct voice either that the
article is sold without any warrant or representations as to quality or price
or value or genuiness whatsoever, or that said article is expressly warranted
to be as the Auctioneer represents it; nor shall he accept false bids from any
person in the employ of himself or others and no articles shall be given away,
disposed of or offered to any person as a gift, premium, bonus or inducement
to purchase any other article or commodity, and no person, firm or corporation
shall offer for sale or sell at public auction any new goods, wares or-mer—
chandise unless there is securely attached to each of such articles a tag or
label upon which shall be plainly written or printed in english, a true and
correct statement of the kind and quality, of metal or material of which suc'i
—1—
article is made or composed, and the percentage or karat or other common des-
ignation of such material or metal; and in case such articles are plated, over-
laid or veneered, then such tag or label shall contain a true statement of the
kind of material or metal covered and of the covering; and when precious or
semi-precious stones are offered for sale or sold, such written statement shall
set forth the true name, weight, quality and. fineness of said stones and
imitations shall be described as such; and when watches and clocks are sold,
the true names of the manufactures shall be stated in writing, and no parts
of the movements or merchanism thereof shall be substituted or contained false
and misleading names or trade marks, neither shall second hard or old movements
be offered for sale in neer cases, without a true statement to that effect.
Such ta. or label shall remain securely attached to any such articles or
n:erc'aandise, shall be delivered to the purchaser as a true and correct des-
criDtion and representation of the articles sold, and in case said written
statement is not a true and correct description and represento,tion of such
articles sold, the same shall be deemed prima fasie evidence of intent to
defraud.
Section. 5. The Auctioneers offering for sale any of the articles
mentioned in Section 4 hereof, shall retain in his possession the money or
other valuable thing or things received for the article or thing so sold for
at least forty-eight (48) hours from the time such sale is made. If the
-purchaser of such article or things sold shall, within forty-eight hours,
make claim against said auctioneer upon the rounds that the article or thing
sold to him at auction was not as re -presented- by said auctioneer and shall
demand of the auctioneer the return of the money- or other consideration, and
shall offer to return the article or thing purchased, then and in such a case
the auctioneer shall either return to the purchaser the purchase price or
deposit with the Chief of Police, taking his recei_)t therefor, said -purchase
price as a fund to answer and pay any �;ud;ment that may be recovered against
said auctioneer by the -purchaser, provided that if no action be commenced
against said auctioneer within fifteen (15) days from the date such sale the
Chief of Police shall not be required longer to hold such purchase price
deposited with him and u_)on presentation of the receipt may return same to the
auctioneer.
Section 6. It shall be unlawful for any person to act as a by -bidder
or what is commonly known as a "capper" or "booster", at any auction or place
where goods, wares, or merchandise or anything whatever is sold, held or
offered for sale, at auction; or to offer or make false bids on any thing or
article held or offered for sale at such auction, or pretent to buy any thing
at any auction sale, in order to in any manner stimulate such sales by any
deceit or misrepresentation in the making of bids or offers for the purchase
of any thing held or offered therein for sale.
Section 7. That it shall be unlawful for any person, firm or cor-
-poration, with intent to sell or dispose of at auction any goods, wares or
merchandise or to induce the public in any manner to enter into any obligation
'pertaining thereto, or to acquire title thereto or interest therein at any such
sale, to make, publish, disseminate, circulc,.te, or place before the public,
or cause, directly or indirectly, to be made, published,disseminated, circulatu(.
or placed before the public within the City of Anaheim, in a. newapaper or
other publication, or in the form of a book, notice, handbill, poster, bill,
circular, pamphlet, or letter or in any other way, an advertisnent of any sort
regarding merchandise or any thing so offered to the -,)ublic, which advertise-
ment contains any assertion, representation or statement of fact which is un-
true, deceptive or misleading. _2,.
Section 8. No Auctioneers' license shall be issued under any of the
provisions of this ordinance authorizing any auctioneer to conduct any kind
of an auction upon any of the streets or alleys of the City of Anaheim or to
sell, expose or offer at or for auction sale, except by public vendure or
auction under and by virtue of legal process, any personal property between
the hours of from; sunset of any day to sunrise of the succeeding day, or by or
with the use or aid of artificial light at any time, and no auctioneerst
license shall be granted to any person unless he shall have been a resident of
the City of Anaheim for a continuous period of six (6) months prior to the date
of the issuance of such license.
Section 9. Any such auctioneer who shall exhibit and offer for sale
at auction any article and induce its purchase by any bidder and who shall
afterwards substitute any article in lieu of that offered to any purchased by
the bidder whereby said bidder is defrauded shall be guilty of a misdemeanor
and upon conviction thereof may be punished therefor as hereinafter provided.
Section 10. r?o person, firm or corporation shall sell or offer for
sale in the City of Anaheim by auction, any stock of goods, wares and merchan—
dise or any part or portion thereof, whether same is a stock of goods, wares
and merchandise or a part or portion thereof formerly owned and kept for sale
by a resident merchant of the City of Anaheim, or is a stock of goods, ware
and merchandise or a part or portion_ thereof formerly belonging to or kept in
the business or another person, firm or corporation, either resident or non—
resident, without having first filed in the office of the Chief of Police of
the City of Anaheim an inventory of such goods, wares and merchandise duly
suiDported by affidavit, setti:.g forth the quality, quantity, kind or grade of
each item thereof, in the case of an individual, such affidavit shall be made
bZ- him as such; in the case of a firm, it shall be made by one of the partners
and in the case of a corporation, it shall be made by an officer of the cor—
poration. Such inveiitory and affidavit when so made shall be kept on file
as part of the public records of his office by the Chief of Police. Any owner
of goods, wares and merchandise sold or offered for sale by auction as afore—
said shall not later than noon of each day, during which such auction sale is
being conducted file with the Chief of Police an inventory supported by similar
affidavit of all sales made at such auction sale on the ;receding day, which
said inventory shall set forth the quantity, quality, kind or grade of each
item sold, the name and post office address of each purchaser thereof, and the
price paid for each of said items. In the event that additions and replenish—
ments shall be made to and in said stock of goods, wares and merchandise, sold
or offered for sale at such auction sale during the progress thereof, the
owner of said stock of foods, wares and merchandise shall immediately upon
adding the same to the stock of goods, wares and merchandise so held and
offered for auction sale, file an inventory of such additions and replacements
supported by similar affidavit, with the Chief of police of the City of Anaheim.
setting forth the quantity, quality, kind or grade of each item of such re—
plenishments and additions, and the name and address of the owner or owners
thereof, which said inventory and affidavit shall be kept on file as a part
of the -public records of his OYf ice by the Chief of Police.
Section 11. Every applicant for a license as auctioneer covered by
this ordinance shall, before the issuance of said license to him, file with
the City, a good and sufficient bond in the sum of $1,000.00 with a reputable
surety company authorized to do business in the State of California as surety
thereon, conditioned that such licensee shall not suffer or permit any fraud
-3-
or imposit?_on to be practiced upon bidders or upon purchasers of property from
him, and that he will con -ply t:;ith all the terms and provisions of this and
other ordinances of the City of Anaheim, and will render a true and strict
account of all his sales to the person employing him to make the same, which
said bond shall be subject to the approval of the ?Mayor.
Section 12. All ordinances and parts of ordinances in conflict
with this ordinanice are hereby repealed, and Ordi�ia;,ce -o. 550 cf the City of
An..ieim entitled, "An Ordinance of the City of Anaheim regulating sale by
Auction of Goods, Nares and iderchandise ,:!ithin the City Limits of the City of
Anaheim", is hereby repealed,.
Section 13. The Cit�r Clerk shall c<<^>a_se tl:.is Ord inr.>.rce to be publish—
ed once in the Anaheim Gazette, a weekly ne>spaper,published anc� circulated in
said Citi- of Anaheii«, and same shall take effect and be in full force thirty
days thvYeafter.
The foregoing Ordinance is signed, approved and attested by rie this
13th day of Seotember, 1932.
Fred Koesel
Ylal,ror of the City of Anaheim
ATTEST:
J. %% Price,
City Clerk of the City of Anaheim