East Palo Alto Municipal Code Art. III Auction Sales Regulations

All applications for an auctioneer's license shall contain the following information:

A. Name and address of applicant;

B. Length of time applicant has been engaged in business in the city;

C. How long applicant has been a resident of the city;

D. Time and place of any auction sale applicant may have conducted in the city or elsewhere within one year prior to application;

E. Whether applicant has ever before made application for an auction sale or auctioneer's license and has been refused, or whether applicant has ever been licensed as an auctioneer and the license revoked; and if such license has been revoked, the grounds for such refusal and/or revocation;

F. Whether applicant is a citizen of the United States, or has duly declared his intention of becoming a citizen thereof; and

G. Whether applicant is applying for an auctioneer's license for a sale at other than a fixed and permanent place of business, or for an auctioneer's license for an auction house:

1. If application is for license for an auction sale at other than a fixed and permanent place of business, applicant shall state address of place where sale will take place, date of intended sale and a general description of property to be sold at such sale.

2. If application is for a license for an auction house, applicant shall state the address of the auction house, and a general description of property intended to be auctioned.

(Prior code § 8-2.301)

Auctioneer's licenses to be issued hereunder, and fees payable therefor, are as follows:

A. The fee for an auctioneer's license for an auction sale at other than a fixed and permanent place of business shall be twenty-five dollars ($25.00). Such license shall be valid only for the sale described in and on the dates specified in the application.

B. The fee for an auctioneer's license for an auction house shall be seventy-five dollars ($75.00). A license issued for auction house shall be issued for the term as set forth in Chapter 5.04 of this code. Such license shall be valid only for auction sales at the premises specified in the application. Such licenses may be renewed as provided in Chapter 5.04 of this code.

(Prior code § 8-2.302)

There shall be filed for an auctioneer's license with the tax collector, at the time of filing the application, or at such other time as the city council may allow, a bond executed by a surety company duly authorized to do so. No license shall be granted until a bond shall have been given as provided for in this section. In form, the bond may be joint and several, and the penalty therefor must be at least five thousand dollars ($5,000.00) and must be conditioned to be paid to the city or to any person suffering injury by reason of any violation of the principal therein named shall faithfully conform to each and all of the provisions of this chapter and other ordinances of the city. Such bond shall not be void upon the first recovery, but may be used and recovered upon from time to time by any person agreed in his own name, until the whole penalty is exhausted.

(Prior code § 8-2.303)

Each auctioneer must keep a book in which he must enter all sales, the amount paid on, and the date of each sale, which book must be open at all times for inspection by the chief of police, police officers or constables of the city. All property to be sold at auction sales may be inspected.

(Prior code § 8-2.304)

A person shall not sell at public auction any goods, wares and merchandise from a private residence except goods, wares and merchandise belonging to the resident of such house and used as or a part of the furnishings of such residence.

(Prior code § 8-2.305)

No auctioneer shall cry a sale unless he or the party conducting such sale has a license, and no person shall advertise or solicit for the sale of any property at public auction sale unless such person is employed by a duly licensed auctioneer.

No person shall advertise as an auctioneer in any newspaper, circular or form letter, or on any billboard, sign card, label or other advertising medium, unless such person is in possession of an unsuspended, unrevoked and unexpired auctioneer's license as required by the provisions of this chapter.

(Prior code § 8-2.306)

No auctioneer or person shall ring a bell or cause or permit the same to be rung or cause any loud noises in or about the front of the premises where there is conducted an auction sale before, after or during such sale.

(Prior code § 8-2.307)

No persons shall make a false bid or any other bid than a bona fide bid at any auction sale, act as a by-bidder, or what is commonly known as a capper, booster, or shiller at any auction sale, or offer or make false bids on any property at any auction sale, in order in any manner to stimulate such sale by any deceit or misrepresentation in the making of bids or offers for the purchase of any property held or offered therein for sale.

(Prior code § 8-2.308)

Any person who has a permit as an auctioneer may employ agents or employees to offer property for sale at public auction at the premises occupied by auctioneer for such purposes and on his own behalf only.

(Prior code § 8-2.309)