Visalia Municipal Code Ch. 5.08 Auction Sales

For the purposes of this chapter the following terms shall have the meanings, respectively, as follows:

Auction Sale. "Auction sale" means a sale of a property by public outcry to the highest bidder.

Auctioneer. "Auctioneer" means any individual who shall, by public outcry, sell or offer to sell to the highest bidder at public offering, when bids are called for, any property, goods, wares or merchandise. (Ord. 9517 § 1 (part), 1995: prior code § 6850)

It is unlawful for any individual or entity to advertise for disposal, offer for sale, dispose of, or sell, or to cause or permit to be advertised for disposal, offered for sale, disposed of, or cause or permit to be carried on or conducted within the city any personal property, whether the same shall be his/her or its own property without first complying with the provisions of this chapter and obtaining a permit to do so as herein provided; provided, that no permit shall be granted to carry on or conduct such auction sale unless the personal property proposed to be sold at such sale is a substantial part of the stock in trade of a merchant who, continuously and in good faith, for a period of at least one year next preceding the filing of the application for such permit, has engaged in the business of selling such property at a fixed place of business in the city; and provided, further, that in no event shall any stock of merchandise or other personal property be offered for sale or sold at auction sale unless the same has been at a place of business and owned by the individual or entity by or from whom the application for such permit is made, for a period of not less than ninety (90) days prior to the filing of said application. (Ord. 9605 § 33 (part), 1996: Ord. 9517 § 1 (part), 1995: prior code § 6851)

All applicants for permits required by this chapter shall be made in writing and filed with the city clerk addressed to the city manager, by the individual who as auctioneer, or as owner of the property to be sold, will carry on or conduct any auction sale, not less than twenty (20), or more than forty (40) days before the date of the commencement of such sale. Each application shall be accompanied by a fee of fifty dollars ($50.00), no part of which shall be subject to refund to the applicant. The city manager is hereby authorized to grant a permit for the carrying on or conducting of an auction sale, in the city, upon the filing of such applicant and payment of said fee of fifty dollars ($50.00), unless upon investigation, he/she shall find that the public interest requires the denial thereof, in which event he/she shall deny the same; provided, that no permit for any auction sale in the city shall be issued unless and until the applicant therefor shall have filed with the city clerk a surety bond to the city, executed by a surety company duly authorized to do business in the state of California, to be approved by the city attorney, in the penal sum of seven thousand five hundred dollars ($7,500.00). Said bond must be joint and several, and bind the principal's executor, administrators, successors and assigns, and shall insure to the benefit of the city and of any individual injured by a violation of any of the provisions this chapter, and further insuring them against any loss or damage that may result to applicant at any auction sale authorized by such permit, and further conditioned to pay any final judgment obtained in a court of law, for fraud or misrepresentation in the sale of any property, goods, wares or merchandise effected at any such auction sale and that said bond shall not be exhausted by the first recovery thereon, but shall be and remain in full force notwithstanding one or more actions or recoveries thereon, until its full penal sum has been exhausted. (Ord. 9517 § 1 (part), 1995: prior code § 6852)

No auction sale shall be conducted or carried on within the city after 6:00 p.m. of any day, nor earlier than 9:00 a.m. of any day. (Ord. 9517 § 1 (part), 1995: prior code § 6853)

No auction sale shall be conducted or carried on within the city at any time between the 25th day of November and the 25th day of December of the same year. (Ord. 9517 § 1 (part), 1995: prior code § 6854)

It is unlawful for any individual to engage in the calling of an auction without first obtaining a business tax certificate therefor as required by Chapter 5.04. (Ord. 9605 § 33 (part), 1996: Ord. 9517 § 1 (part), 1995: prior code § 6855)