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ORDINANCE NS-796 ADDING SECTIONS TO PART 6, CHAPTER 3, ARTICLE VI OF THE SANTA ANA MUNICIPAL CODE REGULATING AUCTIONS AND REPEALING ORDINANCE NS-778 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding thereto sections at the end of Part 6, Chapter 3, of Article VI of said Code in words and figures as follows: Section 6362. License Required. No person shall sell, or cause or permit to be sold, any personal property in the City at auction unless such auction sale is conducted or supervised by an auctioneer duly licensed by the City, excepting auction sales held under court order, or by assignees, administrators and executors, or any govern- mental agency or department thereof. Section 6363. License Requirements; Duties. An applicant for an auctioneer's license shall have been a resident of, or have been in business in, the City for a period of one year next preceding his application. Said applicant shall file with the Clerk of the Council a surety bond in the amount of Five Thousand Dollars ($5,000.00) underwritten by a surety company licensed to do business in the State of California. The license fee shall be rlk~o Hundred and Fifty Dollars(S250.00) per annum, payable in advance. An auctioneer licensed by the City shall maintain his principal office in the City. A licensee shall maintain legible records of consignors and purchasers of consigned merchandise, and make these records available for inspection by the Chief of Police or his agents. Section 6364. Sale of Merchandise; Time and Place of Sale; Subject Matter of Sale, A duly licensed auctioneer may accept consigned used merchan- dise, or new merchandise which has been previously offered for sale in a merchant's place of business for a period of at least sixty (60) days, for sale by auction at his place of business when such business is located in an M-1 Zone or a less restrictive area, or when said place of business is located in an area zoned C-2 if the business is adjacent and contiguous to an M-1 zoned area. Selling at auction is not permitted after 11:00 P.M. of any day, nor on Sundays or legal holidays. New merchandise shall not be sold at an auctioneer's place of business unless such new merchandise shall have previously been offered for sale by a merchant at his place of business in Orange County for a period of at least sixty (60) days. Such merchandise may include items of new merchandise which have been on order by said merchant for a period of at least sixty (60) days prior to said auction sale. An auction sale at the merchant's place of business shall be permissible only if it consists of the inventory and the stock on hand at said place of business, and the auction sale is a legitimate closing out sale. No merchandise secured, purchased, or brought into a merchant's place of business in anticipation of an auction sale shall be sold at said auction sale. SECTION 2: That Ordinance NS-778 is hereby repealed.