Taft Municipal Code Ch. 3 Auctions

AUCTION: Any sale of property by public outcry to the highest bidder.

AUCTIONEER: Any person who conducts an auction. (Ord. 335, 1-15-1968)

It shall be unlawful for any person to sell, offer for sale, or expose for sale by auction any property of any kind except pursuant to the provisions of this Chapter. Any person violating any provisions of this Chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 335, 1-15-1968)

Any person desiring to conduct an auction within the City shall secure a license therefor from the Clerk. Application for such license shall be filed not less than seven (7) days prior to the opening date of such proposed auction. The application for such license shall give the name and address of the person desiring the license, the name and address of the person proposed to act as auctioneer, the name and address of the legal owner(s) of the property to be offered for sale at such auction, and a complete and full description of all property to be offered for sale at such auction, including the wholesale cost of each item and whether it is new or used and shall clearly state a list by number of lot each and every item proposed to be offered for sale at such auction. (Ord. 335, 1-15-1968)

For the business of conducting an auction, or acting as an auctioneer, the license fee shall be thirty dollars ($30.00) semi-annually; provided, that if the person by whom the auctioneering is done is an itinerant vendor of goods or property, temporarily located in the City, the license fee shall be fifteen dollars ($15.00) per day, or part thereof, during which such auction is conducted; provided, further, that no license fee shall be required of any person selling his own property at his regular, established or fixed place of business, and such person or a bona fide member of the firm or corporation owning such business shall act in the capacity of the auctioneer. (Ord. 335, 1-15-1968)

No license for the conduct of an auction shall be issued unless the applicant files with the Clerk cash or a corporate surety bond in the amount of two thousand five hundred dollars ($2,500.00), conditioned on the faithful performance of all provisions of this Chapter and all other applicable provisions of the City Code, Kern County Ordinances and the laws of the State of California. Said cash or corporate surety bond shall also indemnify any purchaser at such auction who suffers any loss by reason of any misrepresentation or deception made or practiced by the auctioneer or licensee, or their agents, servants or employees, either at the time of said auction or through any advertisement or statement made in connection with said auction. (Ord. 335, 1-15-1968)

The license issued to conduct any auction shall be posted prominently at the location of such auction at all times during the conducting thereof, and shall be shown to anyone requesting to look at such license. (Ord. 335, 1-15-1968)

Nothing contained in this Chapter shall apply to the following:

(A) Judicial sales or sales made upon execution or by virtue of any proceedings issued by a State or Federal Court.

(B) Sales by executors or administrators.

(C) Sales made by a public officer in his official capacity or sales of property belonging to the United States or to this State or any political subdivision thereof.

(D) Sales by any person of his own goods, wares or merchandise at his own private residence where such property has been used as a part of the furnishings of such residence.

(E) Sales of livestock.

(F) Sales by any religious, civic or social organization where the sale is for charitable purposes and the Council has specifically authorized such exemption. (Ord. 335, 1-15-1968)