San Rafael Municipal Code Ch. 10.16 Auctions

It shall be unlawful for any person to advertise for sale, sell, dispose of or offer for sale in the City of San Rafael, at public auction, or cause or permit to be advertised, offered for sale, sold or disposed of at public auction, any goods, wares or merchandise, whether the same shall be their own property or the property of someone else, without first complying with the provisions of this chapter and obtaining a license from the Tax Collector of the City of San Rafael.

(Ord. 157).

Any person desiring to conduct or hold an auction sale shall make application to the tax collector as herein provided, and in such application shall state the time during each day, and the number of days, weeks or months he desires to hold or conduct such auction. Such applicant shall give his full name and the name of all persons interested in the conduct or holding of said auction, the name of the auctioneer, the residence of the applicant, place where said auction shall be held, the length of time for which said permit is desired, whether the applicant has been previously engaged in a like or similar business; if so, designating the places where he has previously conducted such auction sales with such information as the tax collector deems reasonable and necessary to establish the truth of each and all of such statements. There shall be attached to said application a complete inventory of all goods to be sold at said auction, and said inventory shall show whether or not said goods are owned by the applicant or are being sold by him on consignment, designating particularly the consigned goods. Such inventory shall give the trade, quality and kind, together with the cost price of each article. Attached to said application shall be an affidavit stating that all of the statements therein contained and in said inventory contained, are true and correct. If the applicant be a corporation, said affidavit may be made by the president, general manager, secretary or treasurer.

(Ord. 157).

On the application being filed, if the statements therein contained are found to be true, and upon payment of the license fee, the tax collector shall issue to the applicant a permit for the length of time designated, not to exceed three (3) months; however, there is no time limitation for a regular established business licensed to operate on an annual basis at a fixed place of business.

(Ord. 1203 § 1, 1975: Ord. 157).

The permittee shall not be permitted to have or sell at the auction any goods, wares or merchandise not listed or included in the inventory; provided, however, he may upon filing with the tax collector an additional inventory in the same form as the original inventory, be permitted to sell such additional goods, wares or merchandise as may be included therein. Additional inventories may, in the same manner and form, be filed by the permittee from time to time as desired by him.

(Ord. 157).

It is unlawful for any person acting as auctioneer to make any statements which are false in any particular or which have a tendency to mislead any person present, or to make any misrepresentation whatsoever or at all as to the quality, quantity, character, present condition, value, cost, general selling price, or as to whether property is new or secondhand, or partly so, of any property offered for disposal by auction sale.

(Ord. 157).

It is unlawful for any person to act, or cause or induce anyone else to act, as by-bidder or what is commonly known as "capper" or "booster" at any such auction or place where any such auction shall take place, or to offer or make any false bid or to offer any false bid to buy, or pretend to buy, any such article sold or offered for sale at any such auction.

(Ord. 157).

It shall be the duty of the auctioneer to make some description of the person making a bid every time a bid is announced and also to point to or designate the position on the premises of the bidder.

(Ord. 157).

It shall be the duty of the person whose merchandise is being sold at public auction to give each and every purchaser of an article the selling price of which amounts to or exceeds the sum of two dollars and fifty cents ($2.50) an invoice containing a full description of the article, the selling price thereof, together with a statement giving each and every warranty under which the article was sold. Duplicate copies of the invoices shall be kept.

(Ord. 157).

The tax collector shall have authority to suspend any license and permit for violation of the provisions of this chapter, the suspension to last during the pendency of the trial of the action for such violation.

(Ord. 157).

The tax collector, upon proof of conviction of the permittee, must revoke the license and permit under which the auction is being held, and it is thereafter unlawful for any such person whose license and permit is so revoked to hold or conduct any such auction sale unless he makes application and procures a new license and permit for such purpose.

(Ord. 157).

The provisions of this chapter shall not apply to any auction held or conducted by any public officer under the provisions of any law of the United States or state, or any ordinance of the city.

(Ord. 157).