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Ordinance 0318ORDINANCE NO. 318 New Series AN ORDINANCE REGULATING AUCTION SALES AND THE 13ITSINESS OF AUCTIONEERING IN THE CITY OF ALAMEDA, PROVIDING A LICENSE TAX OR FEE THEREON AND PRESCRIB- ING THE PENALTY FOR A VIO- LATION OF SAID ORDINANCE. Be it ordained by the Council of the City of Alameda as follows: Section 1. It shall be unlawful for any person, firm, company or cor- poration to hold an auction sale of any real or..personal properly in the City of Alameda or carry on business as an auctioneer in said city, in violation of any of the pro- visions of this ordinance. Sec. 2. it shall be unlawful to con- duct any auction sale in the City of Alameda between the hours oi 7 o'clock r p. m. of one r day and 7 o'clock %_a, in. of the following day:. Sec. 3. Every person, firni; COm- pany or corporation transacting or carrying on business as an auction - eor in the City of Alameda' Must first pi a' license so to do and pay a <license sfee of Fifteen Dollars ($]5.00) per day, payable in ad- vance. See. 4. In addition to paying the license.' -fee aforementioned, and be- fore starting in business, each auc- tioneer; must <file a bond with the city cleric in the sum of One'Thou- sasid Dollars ($1000.00), payable to the 4-lity or Alameda, as a guarantee for the faithful performance of his duties as an auctioneer. Sec. 5. It shall be unlawful for any auctioneer to ring a bell or gong or make' any loud or unusual noise or outcry. or -cause the same to be rdone, for the purpose of at- tracting' customers - to an anetion sale. Sec. 6 (a.) It shall be unlawful for any auctioneer to make any false :statements or misrepresenta- tions as to duality, quantity, charac- ter, condition value, ';cost or gen- eral selling price of any property offered' for sale by auction. (b.) It shall' be unlawful for anp auctioneer to employ any person as a by- bidder, capper or puffer, or finances New No. 31$ New Series make any fictitious bid, or attempt to dispose of any property at auc- tion in f blind packages where the same is not actually exhibited to public view. (c.) It shall be unlawful for any auctioneer to ::neglect or refuse to deliver ;immediate possession of any goods, wares or merchandise bought at auction. See, 7. Nothing in this ordinance `shall prohibit the bona fide owner of any business, while engaged in closing :. out his stock: or selling out his business, from 'conducting - a public auction,; provided said owner has been continuously engaged in such business in the City of Ala_. meda for a period of not less than cis months preceding the time of such auction; provided further, it Ahall be unlawful for any :person, firm, company or corporation to irring in a stock of goods, wares or merchandise into the city, or cause the same. to be (lone; for the ex- press purpose of selling the same at zuction. Sec. S. The 'provisions of this or- dinance shall not apply to any aue- tion sale held by any executor, ,ad- minist:rator, guardian. or order of court, or under the provisions of any trust deed, or section 31.53 of the Political Code; nor shall it ap- ply to any auction sale field for charitable or .benevolent purposes. Sec. 9. Every person, firm, c,om= pany or corporation violating any of tlre' provisions of this ordinance shall be deemed guilty of a'.misde inea:fior; and upon arrest and con- viction thereof shall be punishable fry a fine of not to 'exceed 'Three hundred Dollars ($300.00), or by imlrrisonmcr t: "in the city prison one day for every Two Dollars C($2.00) of such fine so imposed and remain- ing unpaid. Adopted and passed by the Coun- cil of the City of Alameda this 3rd day of August; 1926. FRANK OTIS, Presiding Officer of the Council. I, the undersigned, Hereby certify that the foregoing Ordinance was duly wind regularly r adopted and passed by the Council of the -City of Alameda in regular meeting as- sembled on the 3rd 'day of August, 1926, by the following vote, to -wit: AXES: Councilmen Latham, Noble, Traver and President Otis, > ( 4). NOiiS: None ABSENT: Councilman Neiss (1). IN 'TEST7NIONY WHEREOF, ` -I have Hereunto set my hand and affixed the official seal of said city this 4th day of August, 1926. W. E. VARCOE, City clerk of the City of Alameda. (Sea;l). Publish August 4. 1926.