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HomeMy WebLinkAboutOrd 0524ORDINANCE NO. 524 AN ORDINANCE AIMENDING THE ORDINANCE CODE OF THE CITY OF BURLINGAT.1E BY ADDING THERETO A NEW SECTION 1043 RELATING TO THE REGULATION, CONTROL AND LICENSE FEE OF PERSONS CONDUCTING THE BUSINESS OF AUCTIONEERS The City Council of the City of Burlingame does ordain as follows: Section 1 The Ordinance Code of the City of Burlingame is hereby amended by adding thereto a new Section 1043, regulating, controlling and establishing license fees of persons conducting, operating or carrying on the business of auctioneer, which said new Section 1043 shall read as follows: SECTION 1043 -- AUCTIONEER Except as hereinafter provided it shall be unlawful for person to sell or advertise for sale at public auction in the City of Burlingame, any goods, wares or merchandise without obtaining a permit from the City Council and pay the license tax hereinafter specified. To obtain such permit the applicant shall file a verified written application therefor with the City Clerk, contain ing all the facts in regard to the conducting of the auction, including an inventory of the goods, wares and merchandise to be sold at said auction; the value thereof; the place where and the parties from whom the same were obtained; the place where and the time said auction is to continue, which in no event shall be more than seven (7) days. Upon receipt of the application and the payment of a filing fee of fifty (050.00) dollars, for processing, the City Clerk shall refer it to the Chief of Police who shall cause an investi- gation to be made of the applicantts morel character and of all persons who will be associated with the applicant in _conducting the auction, and make a written report of his findings, which shall be attached to the original application. The City Clerk shall then present the application and report to the City Council at its next regular meeting for con- sideration and action, and mail notice thereof to the applicant at the address given in his signed application, at least five (5) days before the time of hearing. In the event that the permit be denied by the City Council, the application fee is not to be refunded. Upon „ranting the permit by the City Council and before issuing the license, the permittee must file with the City Clerk, a corporate surety bond in the sum of $52000.00 conditioned upon the faithful performance of all the applicable ordinances of the City of Burlingame, and shall also indemnify any purchaser at the auction sale, who may suffer any loss by reason of any mis- representation, or deception made or practiced by the permittee, lis employees or agents, either at the time of making sale or -hrough any other means whatsoever. His bond shall contain the "urther provision that it shall inure to the benefit of any and L11 persons who may be damaged by reason of any failure or any Jerson named therein to comply with the provisions of the bond, end that any person or persons named in said bond, and further ;hat said bond may be sued and recovered upon in several actions ntil the whole penalty thereof is exhausted. Whenever it shall appear that the permittee, his agents or mployees shall have violated any of the provisions of any .pplicable City ordinance or regulations, the City Council, on is own motion, or on verified complaint of any person filed with he City Clerk, the City Council may suspend or revoke any permit r license issued hereunder, and thereafter, if demanded, the City ouncil shall hold a hearing at a time and place to be fixed, fter mailing notice thereof to the permittee at the address iven in his application at least five (5) days prior to the time f said hearing, and the City Council may at such hearing deter- ine the merit of any alleged complaints or violation. The :termination of the City Council at such hearing shall be final. .2,. Each person who has been granted a permit by the City Council to conduct the business of auctioneer in the City of Bur- lingame shall pay a license fee of One -Hundred ($100.00) Dollars for the first day during which he conducts an auction sale, and Fifty ($50.00) Dollars for each subsequent day; provided, any person operating a storage warehouse may conduct an auction to sell property held in storage to pay charges therefor without pay- ing the license tax provided for an auctioneer; provided, further, that such warehouse keeper shall five (5) days before such auction sale, furnish the License Collector a complete list of articles to be sold at such auction; and provided, further that the provisions of this code shall not apply to any of the following: (a) Judicial sales. (b) Sales made by an executor or administrator. (c) Sales made by the city or any political subdivision. (d) Sales of real property. The provisions of this ordinance shall not be applicable any person or persons who may have been continuously conducting the business of auctioneer within the city for one year prior to the effective date hereof. To such person or persons the license fee shall be the as required by the existing section 1043 of the Ordinance Code at the date hereof. Section 2 All Ordinances or parts of Ordinances in con- flict herewith are hereby repealed. law. Section 3 This Ordinance shall be published as required Andrew C. Byrd Mayor I, HERBERT K. WHITE, City Me rk, do hereby certify that the foregoing Ordinance was introduced at a special meeting of the City Council held on the 26th day of May, 1952, and adopted there- after on the 2nd day of June, 1952, by the following vote: AYES: COUNCIMIEN: Byrd -Love -Morgan -Simonds NOES: COUNCILMEN: None ABSENT:000NCILMAN: Atwater ✓ erb e t� City Clerk -5-