San Clemente Municipal Code Ch. 5.16 Auction Sales

No person shall sell, dispose of or offer for sale at public auction in the City any platinum, gold, silver or plated ware, precious stones or semiprecious stones, watches or other jewelry, or furniture, rugs or other house furnishings, whether the same is his or her own property or whether he or she sells the same as an agent or employee of another person, except as provided in this chapter.

(Prior code § 9-1)

The provisions of this chapter shall not apply to judicial sales or sales made by executors or administrators of the estate of decedents, nor shall the provisions of this chapter apply to any auction sale conducted by, or on behalf of, a charity, church, lodge or other association or corporation organized for benevolent and nonprofit purposes.

(Prior code § 9-2)

This chapter shall not apply to sales made at public auction of the stock on hand of any person that shall for the period of one (1) year next preceding such sale has been continuously in business in the City as a retail or a wholesale merchant; provided, that before such merchant may hold an auction sale he or she shall obtain a permit therefor, which shall be applied for and issued in the manner prescribed in this chapter.

(Prior code § 9-3)

Any merchant desiring to hold an auction sale under the provisions of Section 5.16.030 shall not less than fifteen (15) nor more than thirty (30) days previous to conducting such sale make a written application, under oath, to the City Council, for the permit required by Section 5.16.030. Such application shall specify the name and address of the applicant, the location and purpose of the sale and its expected duration.

(Prior code § 9-4)

The application for a permit referred to in Section 5.16.040 shall be accompanied by a list itemizing in detail the quantity, quality, kind or grade of each item of goods, wares and other articles to be sold, the wholesale market value thereof and the name of the auctioneer who shall conduct the sale.

(Prior code § 9-5)

The application and list referred to in Sections 5.16.040 and 5.16.050 shall be investigated by the Chief of Police and a report made thereon by the Chief to the City Council as to the character of the applicant and his auctioneer, the bona fide nature of the purpose of the sale and whether the place where it is proposed to carry on the sale is a proper place. The City Council shall also be furnished with satisfactory evidence that the merchandise proposed to be sold is a bona fide part of the merchant's stock in trade and not secured, purchased or brought into his place of business for or in anticipation of such sale.

(Prior code § 9-6)

In considering the application for the permit required by Section 5.16.030, and the attending facts, the City Council shall exercise a reasonable and sound discretion in granting or denying the permit.

(Prior code § 9-7)

Sales at public auction under the provisions of Sections 5.16.030 through 5.16.070 shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than thirty (30) days in all from the commencement of the sale. Such auction sale shall be conducted during the daytime between the hours of nine (9:00) a.m. and eight (8:00) p.m.

(Prior code § 9-8)

Auction sales provided for in Sections 5.16.030 through 5.16.080 shall be permitted only where the merchant is bona fide disposing of his stock for the purpose of retiring from business.

(Prior code § 9-9)

This chapter shall not apply to sales made at public auction of the furniture, rugs and other household furnishings of an individual or family who has for more than six (6) months prior to such sale maintained their residence in the City; provided, that before such individual or family may hold an auction sale they shall obtain a permit therefor, which shall be applied for and issued in the manner prescribed in this chapter.

(Prior code § 9-10)

In the case of an individual or family desiring to hold an auction sale under the provisions of Section 5.16.100, an application for the permit shall be made to the City Clerk at least five (5) days prior to the first date upon which such sale is proposed to be held, to afford an opportunity for an investigation of the applicant, the auctioneer and itemized inventory by the Chief of Police, as provided in Section 5.16.130.

(Prior code § 9-11)

The application for a permit referred to in Section 5.16.110 shall be accompanied by an affidavit stating the name of the owner of the property, a complete inventory of the items to be offered for sale, the estimated value of the items to be sold, the place where the sale will be held and the name of the auctioneer.

(Prior code § 9-12)

The application, affidavit and list of items to be sold, referred to in Sections 5.16.110 and 5.16.120 shall be investigated by the Chief of Police and a report made thereon by him to the City Clerk as to the character of the applicant and his auctioneer, the bona fide nature of the purpose of the sale and whether the place where it is proposed to carry on the sale is a proper place.

(Prior code § 9-13)

If it appears from the application and the report of the Chief of Police that the sale referred to in Sections 5.16.100 through 5.16.130 is in all respects a bona fide sale of household goods of one individual household, then a permit to hold such sale at public auction shall be granted by the City Clerk.

(Prior code § 9-14)

No auction sale of an individual's household goods or effects as provided for in Sections 5.16.100 through 5.16.140 shall continue for a greater period than five (5) days, including the day of the first auction sale.

(Prior code § 9-15)

Every person employed as an auctioneer to conduct a public auction as provided in this chapter shall obtain a permit from the City Clerk for the purpose of conducting such public auction, and shall pay a license fee of ten dollars ($10.00) per day.

(Prior code § 9-16)