Vallejo Municipal Code Ch. 5.50 Auctions and Auctioneers

No goods wares merchandise, or other personal property shall be sold at auction in the city except in compliance with the provisions of this chapter. It is unlawful to sell, or cause or permit to be sold at auction, any goods, wares, merchandise or other personal property unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the permits division, finance department, of the city.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

As used in this chapter, the following definitions shall apply:

A. An "auction," "auction sale," or "sale at auction" means the selling, or offering to sell to the highest bidder, goods, wares, merchandise, or other personal property by outcry in the presence of two or more persons then present;

B. "Auctioneer" means a person who manages, conducts or participates in the managing or conducting, or makes any outcry in connection with, any sale, or offering to sell, any goods, wares, merchandise or other personal property to the highest bidder in the presence of two or more persons then present;

C. Without limiting the generality of the term "sale at auction," such sale shall include a sale in which, instead of the bidder or bidders making increasingly higher bids for an article or articles of merchandise, the auctioneer asks a price at which he will sell one or more articles of merchandise and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered, with or without varying the previously announced price, until a buyer is finally induced to buy the accumulated articles at the price fixed;

D. Without limiting the generality of the term "sale and auction," such sale shall include a sale in which instead of the bidder or bidders making increasingly higher bids for an article or articles of merchandise, the auctioneer announces a price at which he will sell one or more articles of merchandise and then, if no sale occurs, decreases the price of that offered until a buyer is finally induced to buy the article or articles of merchandise offered for sale;

E. "Person" means any person, firm, association, organization, partnership, business trust, or corporation. An auctioneer's license may be issued to other than an individual providing such firm, association, organization, partnership, business trust, or corporation shall designate a member thereof as its auctioneer who shall comply with the requirements of Section 5.50.030.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

A. The permits division of the finance department of the city is authorized to issue, or renew, an auctioneer's license for any period of time not exceeding one year to any person applying therefor on a form to be provided by the permits division upon payment by the applicant of the license tax provided for in Section 5.04.320 and the filing by the applicant of the agreement and surety bond required by Section 5.50.050.

B. The form on which application shall be made for an auctioneer's license shall require the following information:

1. The full name of the applicant;

2. The residence and business address of the applicant;

3. The length of time for which an auctioneer's license is desired;

4. A statement as to whether or not the applicant holds or has held, an auctioneer's license from any state, municipality, governing body or licensing authority, a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant together with a full and accurate statement as to the reasons for such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked an auctioneer's license held by the applicant, together with a full and accurate statement as to the reasons for any such revocation;

5. A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than for traffic or vehicle code violations, and, if so, the nature of the offense and the punishment or penalty assessed therefor,

6. A photograph of the applicant taken within sixty days immediately prior to the date of the filing of the application, which picture shall be about two inches by two inches showing the head and shoulders of the applicant (face forward) in a clear and distinguishing manner, except that the permits division may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this chapter who has in a previous application under this chapter complied with this requirement;

7. The fingerprints of the applicant and the names of at least two reliable property owners of the county of Solano, state of California, who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that the permits division may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this chapter who has in a previous application under this chapter complied with this requirement.

C. The application shall be accompanied by the sum of ten dollars which shall be paid to the city treasurer as a fee for processing the application and investigating such applicant.

D. Before issuing an auctioneer's license to any person applying therefor, the permits division shall refer the application to the chief of police, who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the permits division may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this chapter if an investigation of such applicant's moral character and business responsibility had previously been made under this section in connection with a prior application for an auctioneer's license under this chapter. The chief of police shall cause the investigation herein provided for to be made within a reasonable time, not to exceed thirty days, and shall certify to the permits division whether the moral character and business responsibility of the applicant is satisfactory.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

The license tax for an auctioneer shall be as provided for in Section 5.04.320.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

Every applicant for an auctioneer's license shall file with the permits division of the finance department of the city an agreement and surety bond for the sum of two thousand five hundred dollars underwritten by a surety company licensed to do business in the state of California, both made and executed in the form approved by the city attorney. The agreement and surety bond shall provide that the applicant will hold harmless the city and all persons from any loss proximately cause by any act of the licensee, his agents or employees, that occurs in connection with any sale of goods, wares, merchandise, or other personal property at any auction in the city, managed or conducted, or at which any public out of sale is made, by the licensee if such act, sale, or auction was then in violation of any law, or then constituted any act of fraud, deceit, misrepresentation or coercion, or any article thereby sold is not as repented or warranted. The agreement and shall bond shall provide that the benefits thereof shall inure to, and that suit may be brought thereon by, the city and any person or persons aggrieved by any such act, or by any of them separately. If the amount of liability under the surety bond filed in compliance in this section is decreased below two thousand five hundred dollars for any reason, the license issued hereunder shall be automatically suspended until the licensee shall either restore the amount of liability on the surety bond to the original amount or file a new bond in said sum.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 242 N.C.(2d) § 1 (part), 1973.)

A. An auctioneer's license may be revoked by the tax and license collector of the city, or an application for issuance or renewal of the license may be refused by the tax and license collector, if he determines, after notice and hearing:

1. That the applicant or license holder is not an individual of good moral character and business responsibility; or

2. That the application of the applicant or license holder contains any false, fraudulent, or misleading material statement; or

3. That the applicant or license holder has made any false, fraudulent, or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any goods, wares, merchandise or other personal property in the city; or

4. That the applicant or license holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of an auction in the city;

5. That the applicant or license holder has violated any of the statutes of the state of California relating to auctions or auctioneers; or

6. That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or

7. That the applicant or license holder has conducted an auction sale of, or offered for sale at auction, any goods, wares or merchandise, or other personal property in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

B. Notice of the hearing provided for herein shall be given in writing to the applicant or license holder as the case may be. Such notice shall be personally delivered to the applicant or license holder, or mailed, postage prepaid, to the applicant or license holder, as the case may be, at his last known address, at least ten days prior to the date set for the hearing. The applicant or license holder, as the case may be, shall have the right to be represented at such hearing by counsel.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

Any person aggrieved by the action of the tax and license collector in refusing to issue any license or in revoking any license already issued shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk within ten days after notice of the action complained of has been personally delivered to the applicant or license holder, or has been mailed, postage prepaid, to such applicant's or license holder's last known address, a written statement setting forth fully the grounds of appeal. The city council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as hereinabove provided. The appellant shall have the right to be represented at such hearing by counsel. The decision and order of the city council on such appeal shall be final and conclusive.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

No person shall sell, or offer to sell, in the city, any goods, wares, merchandise, or other personal property at auction unless immediately prior thereto there is orally announced and then posted in writing the full terms and conditions upon which such sale will be made and a full description of the property to be so offered for sale, including whether new or used, the agent, the quality and quantity thereof, and that it is available for inspection for a reasonable time before any bids are made, or unless it is so available for such inspection. No person shall knowingly make any false statement of any facts required to be made by this section.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

No person shall sell in the city any goods, wares, merchandise or other personal property at auction unless such person warrants such article to be as represented by him or by his officers, agents or employees, or in his presence unless before the sale thereof he repudiates such representation orally or by a writing posted at every place such representation had been posted.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

No person shall deliver to any purchaser at any auction sale any article of personal property different, or other than, the article exhibited to such person when the bid to purchase was accepted. No person shall substitute any article for sale at auction for any article described in any announcement or advertisement, oral or written, or in any statement or inventory filed or posted as required by this chapter, or any article displayed for inspection, as the article which will be then offered for sale at auction.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

No person shall sell or offer to sell at auction any article of personal property without in advance of and during any bidding thereon presenting the same for inspection for a reasonable period of time by the public under illumination adequate to avoid concealment or deception as to the quality thereof.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

All goods, wares, merchandise, or other personal property, except that which is obtained from established business firms dealing regularly in that kind of property, intended for sale at auction, shall be reported to the Vallejo police department. Such report shall be in writing and contain the following information:

A. Name, address and physical description of the person whom the articles of property are purchased or are taken on consignment; driver's license number or oar identification of such person;

B. A complete description of the property, including the article's brand name, model, size, color, material, and serial number,

C. The address where the articles are displayed or stored. for auction, and the address where the articles will be sold at auction, if different.

All such goods, wares, merchandise, or other personal property shall be held at the auctioneer's place of business or the place where the auction is held for at least seven days after submitting such report, during which the Vallejo police department shall have the right to inspect the same at all reasonable times.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

Each auctioneer shall keep a record book in which he shall enter all sales made, an accurate description of the article or articles sold, the amount paid and the date of each sale, which record book shall be open at all reasonable times for inspection by the finance and police departments of the city.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

It is unlawful to conduct an auction sale of goods, wares, merchandise or other personal property on any of the streets, sidewalks, lanes, alleys, or public property of the city, except with the permission of the city council first had and obtained.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)

No license issued pursuant to this chapter shall excuse any person from complying with any law, federal, state or local, including any requirement of this municipal code pertaining to business licenses, distress merchandise, secondhand dealers, pawnbrokers, junk dealers and zoning.

(Ord. 213 N. C. (2d) § 1, 1974; Ord 202 N.C. (2d) § 1 (part), 1973.)

The provisions of this chapter shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, givers, or other public offices acting under judicial process, nor to sales by licensed pawnbrokers of unredeemed pledges or sales conducted for charitable purposes, nor to the sale of real property at auction.

(Ord. 213 N.C.(2d) § 1, 1974; Ord. 202 N.C.(2d) § 1 (part), 1973.)