Chapter 5.04 — AUCTION SALES

"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 the auctioneer and offers to purchase 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.

"Auction sale" means an event consisting of a series of consecutive auctions all occurring at the same place and continuing until the auction sale is declared closed.

"Auctioneer" means any 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. (Ord. 1285 § 1, 1987)

It is unlawful for any person to conduct an auction without first having secured a business license and paid the business license fee prescribed by Section 3.84.020. (Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)

Except as otherwise provided or allowed in the zoning ordinance, all auctions, as defined herein, shall be held only in the M-1 zoning district as shown on the official zoning map now in effect or hereafter adopted.

(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)

No auction shall be conducted in other than a permanent building. The goods to be sold shall be entirely enclosed therein except as authorized by a land use permit. This section shall not apply to auctions of real property.

(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)

• (a) The provisions of this chapter shall not apply to the sale of property belonging to the United States, the state, the city or any other governmental agency or to the sale of any property by virtue of any process issued by any municipal, state or federal court or to the sale, pursuant to order of court, of any property of an estate by the legally appointed administrator, executor, or guardian thereof.

• (b) Auction sales conducted at a city owned facility and where a use agreement, contract or other such document are entered into. City owned facilities include but are not limited to the convention center, parking facilities, stadiums and other city owned facilities.

• (Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)

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City of Palm Springs, CA § 5.04.060

PALM SPRINGS CODE

§ 5.04.080

A single event auction sale may be held at any location in the city where public assembly is otherwise permitted, subject to the approval of a land use permit by the director of planning and zoning. The director of planning and zoning shall not approve a single event auction sale unless the commission first makes the following findings:

• (1) The sale will not interfere with or unduly restrict already existing uses on adjacent properties;

• (2) Adequate parking is available;

• (3) The type of sale proposed is compatible with the facility and the immediate vicinity where the sale will be conducted;

• (4) The sale will not obstruct or unduly interfere with the orderly flow of vehicles and pedestrian traffic; and

• (5) An auction sale has not been conducted on the premises during the preceding three month period.

The director of planning and zoning may impose such conditions on its approval of a single event auction sale as are reasonable and necessary.

(Ord. 1285 § 1, 1987; Ord. 1642 § 1, 2003)

No fee shall be imposed for any land use permit issued pursuant to the provisions of this chapter. (Ord. 1285 § 1, 1987)

The decision of the planning commission may be appealed to the city council pursuant to Chapter 2.05.

(Ord. 1285 § 1, 1987)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.08.010

§ 5.08.060