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