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~o~.~LOWS: ORDAIN AS <br /> SECTION 1: That the Santa Ana Municipal Code is hereby amended <br /> ~ by adding thereto sections at the end of Part 6, Chapter 3, of <br /> Article VI of said Code in words and figures as follows: <br /> <br />Section 6362. License Required. <br /> No person shall sell, or cause or permit to be sold, any personal <br />property in the City at auction unless such auction sale is conducted <br />or supervised by an auctioneer duly licensed by the City, excepting <br />auction sales held under court order, or by assignees, administrators <br />and executors, or any governmental agency or department thereof. <br /> <br />Section 6363. L~cense Requirements; Duties. <br /> An applicant for an auctioneer's license shall have been a resident <br />of, or have been in business in, the City for a period of one year <br />next preceeding his application. Said applicant shall file with the <br />Clerk of the Council a surety bond in the amount of Five Thousand <br />Dollars ($5,000.00) underwritten by a surety company licensed to do <br />business in the State of California. The license fee shall be Two <br />Hundred and Fifty Dollars ($250.00) per annum, payable in advance. <br /> An auctioneer licensed by the City shall maintain his principal <br />office in the City. A licensee shall maintain legible records of <br />consignors and purchasers of consigned merchandise, and make these <br />records available for inspection by the Chief of Police or his agents. <br /> <br />Section 6364. Sale of Merchandise; Time and Place of Sale; <br /> subject Matter of Sale. <br /> A duly licensed auctioneer may accept consigned used merchandise, <br />or new merchandise which has been previously offered for sale in a <br />merchant's place of business for a period of at least sixty (60) days, <br />for sale by auction at his place of business when such business is <br />located in an M-1 Zone or a less restrictive area, or when said place <br />of business is located in an area zoned C-2 if the business is <br />adjacent and contiguous to an M-1 zoned area. Selling at auction is <br />not permitted after 11:00 P.M. of any day, nor on Sundays or legal <br />holidays. <br /> New merchandise shall not be sold at an auctioneer's place of <br />business unless such new merchandise shall have previously been <br />offered for sale hy a merchant at his place of business in Orange <br />County for a period of at least sixty (60) days. Such merchandise <br />may include items of new merchandise which have been on order by said <br />merchant for a period of at least sixty (60) days prior to said auction <br />sale. An auction sale at the merchant's place of business shall be <br />permissible only if it consists of the inventory and the stock on <br />hand, at said place of business, and the auction sale is a legitimate <br />closing out sale. No merchandise secured, purchased, or brought into <br />a merchant's place of business in anticipation of an auction sale <br />shall be sold at said auction sale. <br /> <br /> SECTION 2: That this Ordinance shall take effect thirty days <br />from and after the date of its adoption. <br /> <br /> PASSED AND ADOPTED by the City Council of the City of Santa <br />Ana at its regular meeting held on the 1st day of February, 1965. <br /> <br />CLERK OF THE COUNCIL <br /> <br /> <br />