Placerville Municipal Code Ch. 11 Auctions

Any person desiring a license to sell at auction the stock of merchandise or any part thereof of any business which has been duly licensed by the city as provided in chapter 1 of this title, shall immediately prior to the filing of the application for an auction license, pay a license fee for such sale of five dollars ($5.00) per day. (1962 Code)

Any person desiring a license under the provisions of this chapter, before receiving the license, shall furnish a surety bond in the principal sum of five thousand dollars ($5,000.00) conditioned:

(A) Upon the observance by the applicant of all the provisions of this chapter relating to auction sales.

(B) Upon the truth of all representations made in connection with the application for the license.

(C) Upon the truth of all of the representations made in the course of any auction sale.

(D) 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 representation has been made concerning any personal property sold or offered for sale at any auction sale in the auction place of business.

The bond by its terms shall be made to inure to the benefit of any person injured or aggrieved as a result of the sale or any purchase made thereat, and shall provide that the aggrieved person shall have the right of independent action thereon for a period of sixty (60) days from and after the day upon which the purchase, act or representation was made which constitutes the basis of such action. (1962 Code)

Before conducting any auction sale under any license issued hereunder, the licensee must file with the clerk and chief of police a full, true and correct inventory of all items of personal property to be offered for sale at the auction. The application must specify, also, the days upon which the sale is to be conducted; provided, however, that no license may be issued for a period of more than thirty (30) consecutive days. The clerk and the chief of police, either personally or through their representatives, shall have the right to be present as official observers, representing the city, at any such auction sale, for the purpose of seeing that no personal property is sold thereat except such as is included in the inventory so filed; and they shall have the power to prevent the sale of any item not included in the inventory. (1962 Code)

The licensee at any auction by offering any merchandise or personal property for sale thereat, shall thereby warrant that all representations made with reference to the merchandise or personal property in the course of the sale are true and correct. (1962 Code)

It shall be unlawful for any person to make or offer a false bid or any other bona fide bid at a public auction or to act as a by- bidder or what is commonly known as a "sapper", "booster" or "shiller" or falsely to pretend to buy any object at an auction sale. (1962 Code)

Each item offered for sale at auction shall have a card or label attached thereto containing a true and correct statement specifying the kind and quality of the item, and the tag shall accompany and be delivered with each item sold at the time of delivery thereof to the purchaser, and it shall be deemed prima facie evidence of intent to defraud in case the statement is not a true and correct description or representation of the article sold. (1962 Code)

It shall be unlawful for any auctioneer, or any corporation conducting an auction sale, to solicit by music, singing or loud or unusual noises to be made or done for the purpose of attracting the public to the auction sale. (1962 Code)

It shall be unlawful for any person to conduct any auction sale between the hours of six o'clock (6:00) P.M. of any day and eight o'clock (8:00) A.M. of the following day. (1962 Code)

No additions of any item shall be made to the stock set forth in the inventory before or during any auction sale licensed hereunder. (1962 Code)