Loading...
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ORDAIN AS FOLLOWS: SECTION 1_ That Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed.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