Antioch Municipal Code Ch. 3 Auction, Closing-Out, and Secondhand Sales

Section

Cross-reference:

Business licensing, see §§ 3-1.101 et seq.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

AUCTION. All variations of selling or offering to sell by competitive bidding, whether by direct or indirect means, such as progressively adding additional merchandise at the same or different price as that fixed for one or more articles until the lot is sold and similar practices of selling at other than fixed prices.

('66 Code, § 5-3.01) (Ord. 293-A, passed 7-9-51)

(A) Licensed businesses; closing-out sales.

(1) Any person desiring to carry on a closing-out auction sale of only merchandise or stock on hand of an established licensed business in the city shall file an application for an auction license and shall accompany the same with the payment of a fee in an amount to be determined by resolution.

(2) Any established licensed business, licensed in the city for a period of six months or longer, conducting a “closing-out sale” or “going-out-of-business sale,” or the equivalent thereof, in the city shall pay a license fee in an amount to be determined by resolution for each day such sale is carried on after 30 days from the beginning date thereof. The 30 day license free period may be extended for one or more 15 day periods by the Director of Financial Services, in his discretion. Any person conducting such sale, except where conducted by a person or business licensed for at least six months in the city to conduct a similar business, shall pay a license fee in an amount to be determined by resolution for each day such sale is carried on.

(B) Licensed businesses; other than closing-out sales. Any person desiring a license to sell at auction a stock of merchandise, or any part thereof, of any established business which has been previously and duly licensed by the city and which is not a closing-out sale shall file an application for an auction license and shall accompany the same with the payment of a fee in an amount to be determined by resolution.

(C) Auction houses and yards. Any person desiring to sell at auction within an auction house or yard operated as an independent business and which is duly licensed as an independent business in the city and selling only used or secondhand goods and is the actual owner thereof, or handling the same on a commission basis, shall make application for an auction license and shall accompany the same with the payment of a fee in an amount to be determined by resolution.

(D) Fees in addition to other licenses. All license fees provided in this section shall be in addition to any other licenses or taxes required by other sections of this code.

('66 Code, § 5-3.02) (Ord. 293-A, passed 7-9-51; Am. Ord. 54-C-S, passed 5-8-68) Penalty, see §§ 1-2.01 et seq.

It is hereby provided that no license fee required pursuant to the provisions of this chapter need be paid for the selling at auction or at public sale any goods, wares, merchandise, or property belonging to the United States of America, the state, the county, the city, or any other government agency, or for any sale conducted under, by virtue of, or pursuant to the authority of any process issued out of or by any duly constituted city, county, state, or federal court, commission, or body, or for the bona fide sale of household goods, livestock, or farming implements of the owner thereof at the domicile of such owner; provided, however, nothing contained in this section shall operate or be construed to excuse or void the payment of any sales tax which may be payable under the provisions of any sales tax law of the city.

('66 Code, § 5-3.03) (Ord. 293-A, passed 7-9-51)

All applications for licenses pursuant to the provisions of this chapter shall be made to the Director of Financial Services on forms to be supplied by that office.

('66 Code, § 5-3.04) (Ord. 293-A, passed 7-9-51)

Any license issued pursuant to the provisions of this chapter may be suspended by the Director of Financial Services or the Chief of Police or their authorized representatives if any advertising or statement relating to such sale or the stock, merchandise, or property offered for sale thereat is untrue or misleading. After such suspension, such license may be revoked or restored in the discretion of the Council. It shall be unlawful for any person to proceed with any sale under any license issued pursuant to the provisions of this chapter after such license has been suspended by the Director of Financial Services or the Chief of Police until such time as the Council shall have restored the same. In the event of suspension or revocation, no part of the license fee paid shall be refunded.

('66 Code, § 5-3.05) (Ord. 293-A, passed 7-9-51) Penalty, see §§ 1-2.01 et seq.

All annual licenses issued pursuant to the provisions of this chapter shall expire on the following June 30 and may be prorated by the month from the date of the initial issuance.

('66 Code, § 5-3.06) (Ord. 293-A, passed 7-9-51)

(A) Any person desiring a license pursuant to the provisions of this chapter, before receiving any such license, shall furnish a surety bond in the principal sum of $5,000.

(B) Such bond shall be conditioned as follows:

(1) Upon the observance of the applicant of all the provisions of this chapter relating to auction sales;

(2) Upon the truth of all the representations made in connection with the application for such license;

(3) Upon the truth of all the representations made in the course of any auction sale; and

(4) As a guarantee that the purchase price of any article purchased at such sale will be returned to any purchaser, upon the proof that any false or misleading statement or misrepresentation has been made concerning any personal property sold or offered for sale at any such auction sale or in such auction place of business.

('66 Code, § 5-3.07) (Ord. 293-A, passed 7-9-51)

It shall be unlawful for any person to make or offer a false bid or any other than a bona fide bid at a public auction or to act as a by-bidder or what is commonly known as a capper, booster, or shiller at any auction or falsely to pretend to buy any object at an auction sale.

('66 Code, § 5-3.08) (Ord. 293-A, passed 7-9-51) Penalty, see §§ 1-2.01 et seq.

(A) Required. Each item of personal property offered for sale at any auction as new merchandise shall have a card or label attached thereto containing a true and correct statement specifying the kind and quality of such items. Such tag shall accompany and be delivered with each item sold at the time of delivery thereof to the purchaser. It shall be deemed prima facie evidence of intent to defraud in case such statement is not a true and correct description or representation of such article sold.

(B) Jewelry. It shall be unlawful for a licensee or his agents, servants, or employees to sell or offer for sale at auction any jewelry to which there is not attached such card or label containing a true and correct statement plainly written or printed, specifying the kind and quality of metal of which such article is made or composed, or the percentage of karat or purity of such metals. If such articles are plated or overlaid, such tag or label shall contain a true statement of the kind of plate.

(C) Precious stones. When precious stones are sold or offered for sale at auction as such or as part of an article of jewelry, such statement shall set forth the true name of such stones.

(D) Imitation stones. When imitations of precious or semi-precious stones are offered for sale or sold at auction as such or as part of an article of jewelry, such imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent.

(E) Watches and clocks. When watches or clocks are sold or offered for sale at public auction, the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanisms thereof shall be substituted or contain false or misleading names or trademarks; neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches or clocks shall be so indicated.

('66 Code, § 5-3.09) (Ord. 293-A, passed 7-9-51) Penalty, see §§ 1-2.01 et seq.

It shall be unlawful for any auctioneer or any corporation conducting an auction sale, or its agents, servants, or employees, to solicit or permit the soliciting by music, singing, or loud or unusual noises to be made or done for the purpose of attracting the public to the auction sale.

('66 Code, § 5-3.10) (Ord. 293-A, passed 7-9-51) Penalty, see §§ 1-2.01 et seq.

It shall be unlawful for any person to conduct, or allow or permit to be conducted, any auction sale between the hours of 9:00 p.m. of any day and 8:00 a.m. of the following day.

('66 Code, § 5-3.11) (Ord. 293-A, passed 7-9-51) Penalty, see §§ 1-2.01 et seq.