SEC. 6-084. DEFINITIONS:
1. An AUCTIONEER is a person who offers for sale at an auction sale any personal or real property.
2. An AUCTION shall mean the offering for sale or selling of personal property to the highest bidder, or offering for sale or selling of such property by the method known as "down hill selling". By "down hill selling" is meant the first offering of an article at a higher price and then offering the same at successive lower prices until a bidder is secured.
3. SELLING AT AUCTION shall also include a sale in which, instead of the bidders making increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces a price at which he will sell one or more articles of merchandise and then, if no sale occurs, increasingly adds additional articles or merchandise to those originally offered, with or without varying the previously announced price, until a buyer is finally induced to buy the accumulated articles at the price fixed.
4. The words "AUCTIONEER" or "AUCTION" shall not include any person making any sale or any sale made by virtue of or pursuant to provisions of any law of the United States or the State of California or pursuant to the provisions of any order made by any court of the United States or the State of California or by virtue of any mortgage or a Deed of Trust or other lien. The word "person" when used herein shall include the plural and shall also include "firm" or "corporation."
(Amended by Ordinance No. 2395 — Approved June 18, 1951)
SEC. 6-085. LICENSE TO CONDUCT AUCTION:
No person shall conduct any auction in the City of Stockton without having first obtained a license, as herein provided, so to do.
SEC. 6-085.1. APPLICATION FOR LICENSE:
Application for such license shall be made to the City Manager and said application shall give the name of the person who shall conduct such auction; the place where such auction is to be conducted; a general description of the goods which it is proposed to sell at such auction; names of two (2) residents of the City of Stockton who may be referred to concerning the moral character of said applicant.
SEC. 6-086. LICENSE TO ACT AS AUCTIONEER — FEE — BOND:
A license to act as an auctioneer pursuant to the provisions hereof shall be granted by the Director of Finance upon compliance with Section 6-085.1 hereof and the following condition: The depositing with the City Manager of a penal bond in the sum of one thousand dollars ($1,000.00) with surety or sureties to be approved by the City Manager, conditioned that upon the failure to comply with any of the conditions or provisions set forth herein that said auctioneer or his sureties will pay any fine which may be imposed upon said auctioneer for such violation, and further conditioned that said auctioneer or his sureties will pay to any person aggrieved by any act of said auctioneer in violation of any term or terms hereof any amount which a court of competent jurisdiction may determine that such person is entitled to because of said violation.
(Amended by Ordinance 001-98C.S. — Effective February 12, 1998) (Added by Ordinance 2147-C.S. — Effective July 29, 1971)
SEC. 6-086.1. LICENSE EXEMPTIONS:
The provisions of Section 6-086 shall not apply to any license now in force authorizing the holder to do business as an auctioneer, but upon the termination of said license the future conduct of such auctioneer shall be governed by said Section. All other Sections hereof shall apply to all auction sales held or made after the effective date of Ordinance No. 940.
SEC. 6-087. GENERAL REQUIREMENTS — AUCTIONEERS:
SEC. 6-087.1. MISREPRESENTATION AS TO QUALITY:
No auctioneer of personal property shall knowingly or negligently misrepresent the quality of any article offered for sale at any auction and for a violation thereof may be punished as herein provided.
SEC. 6-087.2. SUBSTITUTION OF ARTICLES:
No auctioneer of personal property who shall offer for sale at public auction any article shall thereafter substitute any article in lieu of that offered after the same has been purchased.
SEC. 6-087.3. MISREPRESENTATION AS TO OWNERSHIP:
No auctioneer of personal property shall, with intention to induce a person to purchase same, make any false representation or statement as to the ownership, character, or quality of or pretended owner of such property.
SEC. 6-087.4. MISREPRESENTATION AS TO SOURCE:
No auctioneer shall falsely represent or pretend that any goods, wares, or merchandise which are offered for sale at auction are in whole or part a bankrupt, insolvent or damaged stock of goods or goods saved from fire or of any character or history other than the true character and history of the goods.
SEC. 6-087.5. GENERAL REQUIREMENTS:
Any auctioneer who shall sell or offer for sale at public auction in the City of Stockton, any stock of merchandise which said auctioneer, in any manner or by any means represents as being a whole or part of goods belonging or kept in the business of another, shall, before offering said goods for sale at public auction, file with the Director of Finance ten (10) days before the opening of any auction, a verified detailed inventory of this stock of merchandise which said verification shall state that the inventory as filed is, in all respects, true and that no goods not thus inventoried will be sold. No goods other than the goods listed in said inventory may be sold at said auction. Said inventory shall be kept by the Director of Finance as a part of his records and shall be open for inspection to the public.
(Amended by Ordinance 001-98C.S. — Effective February 12, 1998)
SEC. 6-087.6. AUCTIONEER'S RECORD BOOK:
Every auctioneer must keep a record book in which must be entered each sale, the amount paid and date of each sale, which book shall be open at all times for inspection by any member of the Police Department of the City of Stockton.
SEC. 6-087.7. AUCTIONEER'S CIVIL LIABILITY:
Any person, or persons, aggrieved or damaged by any act of an auctioneer in the City of Stockton in violation of or contrary to the provisions hereof, shall have an action against such auctioneer or/and his bondsmen upon his official bond therefor.
SEC. 6-087.8. REVOCATION OF LICENSE:
Upon the violation of any of the terms or conditions set forth herein the City Council may, after hearing, revoke any license granted hereunder. A conviction under Sections 6-087.1 to 6-087.4 inclusive, hereof shall automatically revoke the license of the person convicted.
SEC. 6-087.9. RENEWAL OF REVOKED LICENSE:
No person shall be granted a license hereunder whose license has been revoked during the six (6) months next preceding the date of the filing of said application, except with the consent of the City Council.
SEC. 6-088. JEWELRY AUCTIONS:
No auction of jewelry shall be held unless the person, firm, or corporation offering said stock for sale at public auction has been continuously in business in the City of Stockton as a retail or wholesale merchant of jewelry for at least one (1) year before the date on which said auction shall open, and only where said merchant is bona fide disposing of his stock for the purpose of retiring from business.
SEC. 6-088.1. JEWELRY DEFINED:
The term "jewelry" as used herein shall mean diamonds and other precious and semi-precious stones, pearls, cultured pearls, synthetic stones, and any imitations of any of these articles, articles for personal wear and adornment of any character whatsoever commonly and commercially known as "jewelry," watches, clocks, silverware, goldware, and precious metal ware of the platinum group, and wares plated with any of the precious metals.
SEC. 6-088.2. EXCEPTIONS:
The provisions of Sections 6-088 and 6-088.1 shall not apply to judicial sales or sales by executors or administrators, nor to sales by or on behalf of a licensed pawnbroker of unredeemed pledges in the manner provided by law. Provided that if a person is engaged in a combined jewelry and pawnbroker business, that portion of the business which is a "jewelry business" as distinguished from the business of the pawnbroker shall be subject to the provisions hereof.
SEC. 6-089. AUCTION SALES — TIMES AND DAYS:
All auctions herein provided for shall be held on successive business days when once commenced, and shall not continue for more than thirty (30) days from the commencement of said auction.
(Amended by Ordinance No. 1353 — Approved April 9, 1934)
SEC. 6-089.1. AUCTION SALES — JEWELRY, CLOCKS, WATCHES, ETC. — TIMES:
All auction sales of diamonds, watches, clocks, jewelry, silverware, oriental rugs and bric-a-brac must be held between sunrise and sunset, but auctions of all other goods may be held at any time.
(Amended by Ordinance No. 953 — Approved May 4, 1925)
SEC. 6-090. CHARITABLE, RELIGIOUS AND FRATERNAL AUCTION SALES — EXEMPT:
The provisions set forth herein shall have no application to any auction or sale conducted by any charity, church or lodge or other association or corporation not organized for profit.
SEC. 6-090.1. CERTAIN WHOLESALE AND RETAIL SALES — EXEMPT:
The provisions set forth herein shall have no application to any auction conducted by a person operating a business of a type described in Section 6-068 and 6-081 of this Code, or by an individual who is regularly employed in that business by such a person, if all of the following conditions are met:
(a) The goods which are to be sold at the auction are of the same type or variety of goods which have been sold in the ordinary course of that business;
(b) The goods which are to be sold at the auction are the property of the auctioneer or the person who is the employer of the auctioneer;
(c) The auction is to be conducted on the business premises of the owner of the goods where such goods have been regularly sold;
(d) The goods to be sold are either unused goods, returned goods which had been sold by the same person and were unused at the time of the original sale, or goods which have been traded or exchanged for unused goods;
(e) The license fees required under Sections 6-068 and 6-081 have been paid, and the operator of the business has a valid business license at the time of the auction. This Section shall not be construed to exempt any person from the requirements of Sections 6-044, 6-044.1, 6-044.2, and 6-044.3 of this Code.
(Added by Ordinance No. 1686-C.S. — Effective June 27, 1968)
SEC. 6-090.2. REGULARLY CONDUCTED AUCTIONS BY SAME OPERATOR — EXEMPTION:
Sections 6-087.5 and 6-089 of this Part shall not apply to any auctioneer who conducts auctions on not less than four (4) days within each successive thirty (30) day period following the date of his application for an auctioneer's license if all auctions are conducted at the same place of business by the same auctioneer or by the authorized agents of the same auctioneer, provided that all goods or merchandise sold by auction, pursuant to this Section, shall be new or unused.
(Added by Ordinance No. 2192-C.S. — Effective January 13, 1972)
Stockton, CA 
