Fontana Municipal Code Art. X Auctions and Auctioneers

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Auction means a sales transaction conducted by means of oral or written exchanges between an auctioneer and the members of his audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of the audience, which culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.

Auctioneer means any individual who is engaged in, or who by advertising or otherwise holds himself 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.

Finance director means the finance director of the city or his designee.

(Ord. No. 1083, § 1(6-1), 8-3-93)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person may act as an auctioneer and no person may sell or exhibit for sale by way of auction any real or personal property within the city, unless that individual or person holds an unexpired and otherwise valid license issued by the state auctioneer commission and conducts his auction operations pursuant to the rules and regulations set forth in Business and Professions Code § 5700 et seq. The requirements of this section shall not apply to the following:

(1) An individual who is licensed as a salesman by the department of motor vehicles;

(2) An individual who exclusively auctions real estate;

(3) An individual who does not receive compensation for serving as an auctioneer on behalf of a public entity, political candidate, church or charitable organization;

(4) An individual who auctions property which was abandoned at a storage facility; and

(5) Any individual listed under Business and Professions Code § 5730 who is exempted from obtaining a state auctioneer's license.

(Code 1968, § 6-1; Ord. No. 1083, § 1(6-2), 8-3-93)

All auctioneers whose permanent place of business, as filed with the state auctioneer commission, is located in the city shall obtain a business license from the city and pay an annual business license tax. The business license tax for all auctioneers, other than automobile auctioneers, shall be determined by tax rate schedule B in this chapter.

(Ord. No. 1083, § 1(6-5), 8-3-93)

The business license and business license taxes required by this article shall not apply to auctioneers whose permanent place of business, as filed with the state auctioneer commission, is not located in the city.

(Ord. No. 1083, § 1(6-6), 8-3-93)

All persons who intend to hold an auction in the city must file a written statement with the finance director of the city of the auctioneer's intent to conduct an auction within the city, no less than ten days in advance of the auction. The written statement must include the auctioneer's name, business or trade name, telephone number, state auctioneer's license number and proof that the auctioneer holds a valid and unexpired city business license. The statement must also include the dates, time and location of the auction. The finance director of the city shall maintain a record of all written statements.

(Code 1968, § 6-1.2; Ord. No. 1083, § 1(6-3), 8-3-93)

Auctioneers shall not at any time conduct an auction on public streets or alleys within the city.

(Code 1968, § 6-6; Ord. No. 1083, § 1(6-4), 8-3-93)

(a) A wholesale automobile auctioneer who has not done auction business in the city prior to June 15, 1993, and who obtains his first business license from the city subsequent to June 15, 1993, shall pay an annual business license tax based upon gross commissions in accordance with tax rate schedule A in section 15-42.

(b) A wholesale automobile auctioneer, other than an auctioneer subject to subsection (a) of this section, shall pay an annual business license tax based upon gross commissions in accordance with tax rate schedule B in section 15-42.

(c) The finance director shall have the right to make inspections of the wholesale automobile auction premises, vehicles, and records of sale for the purpose of administering or enforcing the provisions of this article, or collecting taxes imposed under this article.

(Code 1968, § 6-13; Ord. No. 1083, § 1(6-7), 8-3-93)