Division II. Specific Regulations
Chapter 5.16
AUCTIONS
Sections:
5.16.050 Permit – Application – Generally.
5.16.060 Permit – Application – Investigation.
5.16.010 Definitions.
Every person who, at public outcry, offers for sale as principal or agent to the highest bidder on the spot any article of merchandise or property shall be deemed an auctioneer. “Auction,” “public auction” and “auction sale,” as used in this chapter, also includes a sale in which, instead of the bidders making increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces 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, such sales commonly being designated as “auction sales.” [1937 Code § 584.]
5.16.020 Prohibitions.
It is unlawful for any person, firm, corporation or association to sell, dispose of or offer for sale in the city, at public auction, or to cause or permit to be sold, disposed of or offered for sale in the city, at public auction, goods, wares, merchandise, commodities or personal property, whether the same is their own property or whether they sell the same as agents or employees of others. [1937 Code § 585.]
5.16.030 Exceptions.
The provisions of PMC 5.16.020 shall not apply to judicial sales, nor sales by executors, administrators, nor to sales of personal property assigned for the benefit of creditors, nor to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in manner provided by law, nor to the sale at public auction of the stock on hand of any person or persons or corporation, that shall, for the period of one year next preceding such sale, have been continuously in business in the city as a retail or wholesale merchant of goods, wares, merchandise, commodities or personal property. [1937 Code § 586.]
5.16.040 Time limitations.
Such sale at public auction of the stock on hand of such merchant or merchants shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all from the commencement of the sale, and shall be permitted only where such merchant is bona fide disposing of his stock for the purpose of retiring from business. [1937 Code § 587.]
5.16.050 Permit – Application – Generally.
Not less than 15 nor more than 60 days previous to conducting any such sale as provided in PMC 5.16.040, the person wishing to conduct such sale must make a sworn, written application to the city council through the chief of police for a permit so to do, specifying under oath the name and address of the applicant, the location and purpose of the sale and its expected duration, and itemizing in detail the quantity of each item of the goods, wares and other articles to be sold, the wholesale market value thereof, and the name of the auctioneer who shall conduct the sale. [1937 Code § 588.]
5.16.060 Permit – Application – Investigation.
The chief of police shall investigate and, within five days of receipt of the application, report in writing to the city council his findings as to the character of the applicant and his auctioneer, the bona fide nature of the proposed sale and as to whether the place where it is proposed to carry on the sale is a proper place. The city council must also be furnished satisfactory evidence that the goods, wares, merchandise, commodities or personal property proposed to be sold are a bona fide part of a locally licensed merchant’s stock in trade and not secured, purchased or brought into the place of business for or in anticipation of the sale. The city council, in considering the application and the attending facts, shall exercise a reasonable and sound discretion in granting or denying the permit applied for, and shall render its decision within seven days after receipt of the report of the chief of police. [1937 Code § 589.]
5.16.070 Hours.
In no event shall any auction sale of goods as above specified be conducted at public auction between the hours of 6:00 p.m. and 8:00 a.m. [1937 Code § 590.]