Ordinance 39ORDINANCE N0. 39
AN ORDINANCE OF THE CITY OF CUPERTINO, STATE OF CALIFORNIA, PROVIDING
FOR THE LICENSING, BONDING AND REGULATION OF REGULARLY ENGAGED
AUCTIONEERS WITH FIXED PLACE OF BUSINESS WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. Every person who regularly sells, or offers for sale,
at public auction in a fixed place of business, goods,
wares and merchandise, shall be considered an auctioneer and shall
be required to pay the license fee set forth in Section 2a, Paragraph
38 of Ordinance 10.
Section 2. Application and Bond. No license shall be issued
until there shall have been filed with the City Clerk
an application as hereinafter described. Said application shall be
signed and verified by the applicant and shall specify his name and
address, the length of his residence in said City, the 1QCation of
his last place of business and the name and character of said business
and the length of time he was engaged therein, and the names and
addresses of three persons residing within said City as references.
Where the application is for a Class B license it shall also specify
the store or other place in said City where the applicant proposed
to conduct an auction sale, the owner and the character of the
property to be sold, and it must be accompanied by a bond, the form
of which shall be approved by the City Attorney, and with one or more
sureties thereon to be approved by the City Council. The penalty of
said bond must be1,000.00, aryl the condition of each bond must be
substantially such that the principal therein named will faithfully
conform to the Ordinance of said City, and each and all laws of the
Stste of California, wherher then in force or which may thereafter be
adopted, relating to auction sales, or the business of auctioneers, or
the prevention of fraudulent practices in general. The principal and
the surety named in said bond and their heirs, executors, administra-
tors, successors and assigns shall be ,jointly and severally bound unto
any and every person aggrieved or damaged by breach of the condition
of said bond, and said bond shall not be void upon the first recovery
but may be sued and recovered upon from time to time by any person
aggrieved or damaged, in ~3.s own name, until the whole penalty is
exhausted; and the life of the obligation of such bond shall be made
such that it will continue for such length of time as and for thirty
days thereafter.
After said application or said application and bond have been
made and filed as hereinabove described, said City Council shall make
an investigation of the statements and references contained in said
application, and if satisfied therewith, and that said state menu
are true and that said applicant is a fit and proper person to carry
on such business, said City Council shall thereupon cause to be
issued to said applicant a license to do business as auctioneer sub-
~ect to the terms and conditions as determined by the City Council
relating to place of business, hours of operation, sign advertising,
and any other matters within the discretion of the Council.
Section 3. Prohibitions. No person carrying on an auction sale
shall violate any of the provisions contained in the
following sections of this Part, or
Section ~-. False Statements. Make any statement which is false
in any particular or which has a tendency to mislead
any person present, or to make any misrepresentation whatsoever, or
at all, as to the quality or quantity, or character, or present condi-
tion, or value, or cost, or general selling price or whether new or
second-hand, or partly so, of any property offered for disposal by
auction sale.
Section 5. Puffers. Have, or employ, any person to be or take
part in, or for any person to act as a capper, or
by-bidder poster or puffer, or to make any fictitious bid or
fraudulent bid, or bid not made in good faith, or not intended to be
consummated by a sale at any auction sale of property.
Section 6, Ring Bells. Rir..g any bell or sound any other loud
or noisy instrurr~ent for the purpose of attracting
attention to any auction sale.
Section 7. Blind packages. Attempt to dispose of any property
at an auction sale in blind packages or any property
not at the time actually exhibited to public view or to the view of
the person bidding on the same except that property which is described
in Section 3152 and 3153 of the Political Code of the State.
Section 8. Refuse Delivery of Possession. Refuse or neglect to
deliver complete and immediate possession to the
purchaser of any property upon payment of the purchase price thereon
at the conclusion of such auction. sale.
Section g. Sell without License. Sell at public auction any
property whatsoever without having a valid and
unrevoked license therefor.
Section 10. Exemptions. Nothing contained in this Chapter shall
apply to any sale made upon execution or by virtue
of any process issued by a court, nor to any sale made by any public
officer in his official capacity, required to be made under the laws
of the United States, or the State, or under the charter or Code of
the City, nor to any sale of property by any social organization for
the purpose of raising funds to promote or further its objects, or
for any public purpose whatsoever or to any trustees sale of real
estate under a trust deed given as security for any loan or the pay-
ment of money.
Introduced at a regular meeting of the City Council of the City
of Cupertino on the 2nd day of December, 1957. Passed and adopted at
a regular meeting of the City Council of the City of Cupertino on the
16th day of December, 1957, by the following vote:
AYES: Councilmen, Meyerholz, Nathanson, Saich, Wilson
NOES: Councilmen, None
ABSENT: Councilmen, Paizis
Approved:
/s/ R. I. Meyerholz
Mayor, City of Cupertino
At st:
1 ~ ~ G~-'may..
City Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 39
on file in my office and that the same has been published pursuant
to law.
IN TNESS WHE F I hav hereunto set my hand and Qty Seal this
~~ day o f -~.'°`` ~ , 19 ~~ .
City Clerk