4439ORDINANCE NO. 4439
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
CHAPTER 4.32 OF TITLE 4 OF THE ANAHEIM MUNICIPAL
CODE AND ENACTING A NEW CHAPTER 4.32 PERTAINING
TO AUCTIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1_
That Chapter 4.32 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed.
SECTION 2_
That Subsections 4.32.010, 4.32.020, 4.32.030, 4.32.040,
4.32.050, 4.32.060, 4.32.070 and 4.32.080 of Chapter 4.32, Title 4
of the Anaheim Municipal Code be, and the same are hereby, added
to read as follows:
"4.32.010 STATE REGULATIONS
The State of California, pursuant to Section 5700
et seq. of the Business and Professions Code, has preempted local
authorities from imposing local regulations on Auctioneers and
Auctions as defined in said Business and Professions Code sections.
4.32.020 AUCTIONEER'S LICENSE REQUIRED - TRANSFER
It is unlawful for any person to sell or exhibit
for sale by way of auction, except under and by virtue of legal
processes, any property, real or personal, within the limits of
the City of Anaheim without first obtaining a proper license
therefor, as hereinafter provided, and any such auctioneer's
license granted hereunder shall not be assignable nor transferable
except upon the approval of the City Council of the City of Anaheim.
4.32.030 DEFINITIONS
.010 "Auction" 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 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.
-1-
.020 "Auction company" means any person who, as a
part of the person's business, arranges,
manages, sponsors, advertises, or carries out
auctions.
.030 "Auction house" means an established place of
business, including an auction barn, a sale
barn, and a sale pavilion, and its contiguous
surroundings, where two or more auctions are
held within any 12 -month period and where
representations are regularly made that goods
are sold at auction. Each day during which
goods are being offered for sale at auction
shall constitute one auction.
.040 "Auctioneer" means an 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.
4.32.040 FEES
Yearly fees required to be paid for the licenses
required pursuant to this Chapter are as follows:
(a) Auctioneer, $100
(b) Auction House, $200
(c) Auction Company, $100
Any person, firm, partnership, or corporation applying for a
license pursuant to this Chapter shall furnish evidence to the
City License Collector of compliance with Section 5700 et seq.
of the Business and Professions Code of the State of California.
4.32.050 ACTING AS CAPPER OR BOOSTER - CAUSING ARTIFICIAL
STIMULUS TO SALES - PROHIBITED
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 purchase
of anything held or offered therein for sale.
-2-
4.32.060 MISLEADING ADVERTISING REGARDING GOODS TO BE
AUCTIONED - PROHIBITED
It shall be unlawful for any person, firm or corpora-
tion, 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,
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, an advertisement of any
sort regarding merchandise or any thing so offered to the public,
which advertisement contains any assertion, representation or state-
ment of fact which is untrue, deceptive or misleading.
4.32.070 UNLAWFUL TO SUBSTITUTE ARTICLE FOR ONE
PURCHASED BY BIDDER
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 and 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.
4.32.080 AUCTION OF STOCK IN TRADE - INVENTORY AND AFFIDAVIT
TO BE FILED - DAILY REPORTS REQUIRED
No person, firm or corporation shall sell or offer
for sale in the City of Anaheim by auction, any stock of goods,
wares and merchandise 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, wares and merchandise
or a part or portion thereof formerly belonging to or kept in the
business of another person, firm or corporation, either resident or
nonresident, 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 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
corporation. 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 being conducted, file
with the Chief of Police an inventory supported by similar 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
-3-
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 replenishments 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 goods,
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 replenishments and additions, and the name and address of the
owner or owners thereof, which said inventory and affidavit shall
be kept on file as part of the public records of his office by the
Chief of Police."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
chapter of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have
passed all other portions of this chapter independent of the
elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed
as a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and continuations,
and not as new enactments.
SECTION 5. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, printed, published and circulated
in said City, and thirty (30) days from and after its final passage,
it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 14thday of June, 1983,
Z� � e4l, 7
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
c2w� &2!f�
TY CLERK OF THE CITY OF ANAHEIM
FAL: in
-4-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4439 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 7th day of June, 1983, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 14th day of June, 1983, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4439 on the 14th day of June, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 14th day of June, 1983.
CITY CLEAK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4439 and was published once in the
Anaheim Bulletin on the 24th day of June, 1983.
A OT