ORDINANCE 364ORDINANCE NO. 364
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMMMING ORDINANCE NO. 12 (THE
BUSINESS LICENSE ORDINANCE) OF SAID CITY, BY
ADDING A NYvV SECTION THERETO TO BE KNOWN
AND DESIGNATED AS "SECTION 11.1." RELATING
TO AUCTIONEERS, AUCTION SALES, AUCTION
HOUSES AND CLOSING OUT SALES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. That a new section to be known and desig-
nated as "Section 11.1" shall be and the same is hereby, added to
Ordinance No. 12 of the City of E1 Segundo, California, entitled:
"AN ORDINANCE OF THE CITY OF EL SEGUNDO
LICENSING AND REGULATING CERTAIN KINDS OF
BUSINESS TRANSACTED AND CARRIED ON IN SAID
CITY AND FIXING A PENALTY FOR VIOLATION
THEREOF. ",
passed and adopted on the 14th day of March, 1917, as amended,
and which said new Section 11.1 shall read as follows, to -wit:
"SECTION 11.1. AUCTIONEERS; AUCTION SALES;
AUCTION HOUSES AND CLOSING OUT SALES.
"(A) AUCTIONEER. Any person commencing or
conducting the business of an auctioneer, auctioning
real estate, goods, wares, merchandise or property,
or conducting any public auction sale or sales
within the City of E1 Segundo, as such auctioneer,
shall pay a license fee of $5.00 per day or $25.00
per year.
"(B) AUCTION SALES. Any person commencing
or conducting a sale or sales of goods, wares,
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merchandise or personal property by or at auction
within the City of E1 Segundo shall conduct the
same only in accordance with the following regulations
and shall pay the license fees therefor as hereinafter
set forth, to -wit:
"1. Any person desiring a license to sell at
auction the stock of merchandise or any part there-
of of any business which has been duly licensed by
the City of El Segundo and has been actually operated
and conducted for six months or more immediately
prior to the filing of the application for an
auction license hereunder shall pay a license fee
for such sale of 05.00 per day or $10.00 per week
for the first week, and $10.00 for each additional
week or fraction thereof after the first week.
"2. Any person desiring a license to sell at
auction the stock of merchandise or any part there-
of of any business which has not been duly licensed
by the City of El Segundo or which has been licensed
by said City for less than six months immediately
prior to the filing of the application for an auc-
tion license hereunder, shall pay a license fee
for such sale of $25.00 per day or $50.00 per week
for the first week, and $50.00 for each additional
week or fraction thereof after the first week.
"3. Any person desiring a license under para-
graphs 1 or 2 above, before receiving any such
license, shall furnish a surety bond in the prin-
cipal sum of $2,500.00 conditioned:
,,(a) Upon the observance by applicant of
all the provisions of this ordinance relating
to such auction sales;
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"(b) Upon the truth of all of the repre-
sentations made in connection with the appli-
cation for such license;
"(c) Upon the truth of all of the repre-
sentations made in the course of any auction
sale; and
"(d) As a guarantee that the purchase
price of any article purchased at such sale
will be returned to any purchaser upon the
proof that any false or misleading statement
or representation has been made concerning
any personal property sold or offered for
sale at any such auction sale or in said
auction place of business.
"Said bond by its terms shall be
made to inure to the benefit of any person
injured or aggrieved as a result of such sale
or any purchase made thereat, and shall provide
that any such injured or aggrieved person shall
have the right of independent action thereon
for a period of thirty days from and after the
day upon which the purchase, act, statement or
representation was made which constitutes the
basis of such action.
"4. Before conducting any auction sale under
any license issued under paragraphs 1 and 2 above
the licensee must file with the License Collector
and the Chief of Police a full, true and correct
inventory of all items of personal property to be
offered for sale at said sale. The application must
specify, also, the day or days upon which such sale
is to be conducted, provided, however, that no
license may be issued for a period of more than 30
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consecutive days, and such sale or sales shall not
be permitted beyond a period of 30 consecutive days.
The License Collector and the Chief of Police, either
personally or through their representatives, shall
have the right to be present as official observers,
representing the City of El Segundo, at any and all
such auction sales, for the purpose of seeing that
no personal property is sold thereat except such as
is included in the inventory so filed; and such
officers or their said representatives shall have
the power to prevent the sale of any item or items
not included in such inventory.
"5. The licensee at any such auction, by
offering any merchandise or personal property for
sale thereat, shall thereby warrant that all repre-
sentations made with reference to such merchandise
or personal property in the course of such sale are
true and correct.
"6. No person carrying on any such auction
sale shall have any confederate or use any person
as a false bidder.
"7. Each item of personal property offered
for sale at any such auction shall have a card or
label attached thereto containing a true and correct
statement specifying the kind and quality of such
item, and such tag shall accompany and be delivered
with each item sold at the time of delivery thereof
to the purchaser.
"8. Each application for a license under the
provisions of paragraphs 1 and 2 above must be
filed in duplicate with the License Collector at
least forty -eight hours prior to the date of the
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proposed auction sale and shall contain or be ac-
companied by a sworn statement in duplicate by
the applicant showing the inventory on hand and
the items of personal property to be offered at
such auction sale. Such statement shall designate
a number for each such item; and the cards or labels
which are to be attached to said respective items,
as hereinabove required in paragraph 7, shall con-
tain the same respective numbers for such items
as are indicated therefor upon such inventory.
"9. No addition of any property or of any
item of property shall be made to the stock of
personal property set forth in the said inventory
before or during any auction sale licensed here-
under.
"(C) AUCTION HOUSES. For the purpose of this
ordinance, the term 'Auction House' shall mean a busi-
ness or establishment which is established for the
purpose of conducting sales of merchandise and personal
property at public auction when desired, during the
period covered by the license, but which also makes
sales of such merchandise and property at retail. The
license fee for an auction house is hereby fixed at the
sum of $25.00 per year or any fractional part of the
current calendar year remaining after date of license.
Any auction house or any business or establishment
licensed as such shall, prior to 10:00 o'clock A.M. on
each business day, file with the Police Department of
the City of El Segundo, California, a report in dupli-
cate, in which report shall be entered and described,
all used or second -hand articles or items purchased
and any articles or items delivered to or left with
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such auction house during the previous day for auction
or for sale otherwise on consignment. Such report shall
name and describe all of such articles or items in suf-
ficient detail as to enable the said Police Department
to readily identify the same, and such description shall
include, in addition thereto, such other information as
the said Police Department may from time to time require;
the date and hour of purchase or acceptance by the auction
house; the trade name or other identifying description of
the article or item; its serial number, if any; the name
and address of the person from whom purchased or who left
the article or item for sale on consignment or at auction
or otherwise. Forms for making the required reports will
be furnished free by the City through the Police Department,
and shall be p renumbered. Each numbered report received
by him must be accounted for by the licensee. Any used or
second -hand article or item so purchased or received on
consignment for sale at auction or otherwise shall not be
sold, auctioned or otherwise disposed of within 24 hours
after purchase or acceptance by said auction house.
"(D) CLOSING OUT SAFES. Any person desiring to
hold a closing out sale in the City of El Segundo must
obtain a closing out sale license. Application for
such license shall be made to the License Collector in
writing, which application shall set forth:
"l. The location of the proposed sale;
"2. The nature of the occupancy;
113. The reason for the proposed sale;
"4. A full, true and correct inventory or
statement setting forth the amount and description
of the goods, wares, merchandise and personal pro-
perty to be sold at such sale, and no goods, wares,
merchandise or personal property shall be sold or
offered for sale at such sale except that which
is set forth and described in said inventory;
115. The dates upon or during which the pro-
posed sale is to be conducted; and
116. Be accompanied by the required license
fee as established in the following schedule, to -wit:
"(a) Schedule. If the applicant has
been operating the business to be closed out
under a valid E1 Segundo City Business License
for:
"(1) A period of two months or
less prior to the date the application
is filed - - - - - - - - - - - - $100.00;
"(2) More than two months but
less than six months - - - - - - $ 50.00
't(3) More than six months but
less than twelve months - - - - $ 25.00
11(4) More than one year - - $ 5.00
"The licenses issued for the respective
fees hereinabove set forth in this schedule
shall authorize the conducting of the respect-
ive sales therein licensed upon the days men-
tioned in the application. It is provided,
however, that all sales made under such
license must be made within the period of
thirty consecutive days including and fol-
lowing the first day of sale specified in
the license. If the sale is not completed
within said thirty -day period, the licensee
shall have the right to renew the said license
for an additional period of thirty days imme-
diately following said first period upon
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payment of an additional fee which shall be
equal to one -half of the original fee paid
for such closing out sale license; but the
License Collector shall not issue any such
license for a longer period than a combined
total of sixty days.
"(A) It is provided, however, that no license fee
required under the provisions of this Section 11.1 need
be paid hereunder for the selling at auction or at pub-
lic sale of any goods, wares, merchandise, or property
belonging to the United States of America or the State
of California or the County of Los Angeles or the City
of E1 Segundo or any other governmental agency; or for
any sale conducted under or by virtue of, or pursuant
to the authority of any process issued out of or by
any duly constituted City, County, State or Federal
Court, Commission or body, or for the bonafide sale of
the household goods, livestock or farming implements
of the owner thereof at the domicile of such owner, or
of the or any assets of the estate of a decedent, or to
the sale by the owner thereof of real or personal pro-
perty upon which his home or domicile is located; but
nothing herein contained shall operate or be construed
to excuse or void the payment of any sales tax which
may be payable under the provisions of any sales tax
ordinance of the City of E1 Segundo.
"(B) Any license issued under the provisions of
this Section 11.1 may be instantly suspended by the
License Collector or the Chief of Police or their
authorized representatives if any stock, merchandise
or property other than that described in the statement
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and inventory furnished in connection with the
issuance of such license or in connection with opera-
tions thereunder, is offered for sale, or if any ad-
vertising or statement relating to such sale or the stock,
merchandise or property offered for sale thereat is untrue
or misleading, and after such suspension, may be revoked
or restored in the discretion of the City Council. It
shall be unlawful for any person to proceed with any
sale under any license issued hereunder after the said
license has been suspended by the License Collector or
the Chief of Police as above contemplated until such time
as the City Council shall have restored the same. In
the event of suspension or revocation, no part of the
license fee paid shall be refunded."
SECTION 2. That said Ordinance No. 12 shall be and
the same is hereby amended as hereinabove in Section 1 of this
ordinance set forth.
SECTION 3. That this ordinance shall take effect and
be in full force and virtue 30 days from and after the final
passage and adoption thereof.
SECTION 4. That the City Clerk shall certify to the
passage and adoption of this ordinance; shall make a minute of
the passage and adoption thereof in the records of the proceed-
ings of the City Council of said City in the minutes of the
meeting at which the same is passed and adopted; and within 15
days after the adoption thereof shall cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper
of general circulation, published and circulated within said
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City, and which is hereby designated for that purpose.
Passed, approved and adopted this 7th day
of December, 1949.
Mayor of the City of egundo,
Califora.
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STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. j
I. Victor D. McCarthy, City Clerk of the City of
E1 Segundo, California, do hereby certify that the whole
number of members of the City Council of the said City is
five; that the foregoing ordinance, being Ordinance
No. 364, was passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested
by the City Clerk of said City, all at a regular meeting
of the said Council held on the _ 7th day of December,
1949, and that the same was so passed and adopted by the
following vote:
AYES: Councilmen Baker, Peterson, Swanson,
Thompson and Mayor Selby;
NOES: Councilmen None
ABSENT: Councilmen None.
WITNESS my hand and the official seal of said City,
this 7th day of December, 1949.
(SEAL)
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City Clerk of of
El Segundo, aliforn a.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. )
I, Victor D. McCarthy, City Clerk of the City of
E1 Segundo, California, do hereby certify that the whole
number of members of the City Council of the said city is five;
that the foregoing ordinance, being Ordinance No. 364, is a
fAll, true and correct original of Ordinance No. 364 of the
said City of El Segundo, California, entitled:
"AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING ORDINANCE NO. 12 (THE
BUSINESS LICENSE ORDINANCE) OF SAID CITY, BY
ADDING A NEW SECTION THERETO TO BE KNOWN
AND DESIGNATED AS "SECTION 11.1" RELATING
TO AUCTIONEERS, AUCTION SALES, AUCTION
HOUSES AND CLOSING OUT SALES. ",
which was duly passed and adopted by the
approved and signed by the Mayor of said
by the City Clerk of said city, all at a
the said Council held on the 7th
1949, and that the same was so passed ani
lowing vote:
said City Council,
city, and attested
regular meeting of
day of December,
i adopted by the fol-
AYES: Councilmen Baker, Peterson, Swanson,
Thompson and Mayor Selby;
NOES: Councilmen None;
ABSENT: Councilmen None.
I do hereby further certify that pursuant to the
provisions of Section 36933 of the Government Code of the
State of California, that the foregoing Ordinance No. 364 was
duly and regularly published according to law and the order
of the City Council of said City in the E1 Segundo Herald, a
weekly newspaper of general circulation, printed, published
and circulated within the said City and that the same was so
published therein on the following date, to -wit:
December 15. 19L.9.
( - JtL a 7.
ty Clerk of th for Y
E1 Segundo, Ca inia.
(SEAL)
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Affidavit of Publication
STATE OF CALIFORNIA, 1
COUNTY OF LOS ANGELES, } ss.
CITY OF EL SEGUNDO,
GB3'9t827 �Ot811:• • • • • • • • • • ..........................being first duly sworn, deposes and says: That
he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America,
over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he
was, at, and during all of the time of the publication of the instrument hereunto attached the......
.. Fai. ta ................................................................ ...............................
ii MOM of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in
the City of El Segundo, In `said County and State; that said newsapaper has been so published and
circulated at regular intervals of one week for more than one year immediately preceding the
publication of the instrument hereunto annexed; that said newspaper Is, and was, at all of the times here-
in mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political
Code of the State of California; that as provided by said section, said newspaper is published for the
dissemination of local or telegraphic news and intelligence of a general character, having a bona fide
subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein
referred to, devoted to the interests, or published for the entertainment or instruction of a particular
class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades,
callings, races or denominations, and that said newspaper is not devoted to or published for, nor wa.k }t
at any of the times herein mention devoted to or published for the purpose, whether avowed' or.
otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denominations,
or any of such classes, professions, trades, callings, races or denominations.
That the notice, order, ordinance �resoludtion or instrument hereunto attached on page S . numbered
...............................I ........... ! 2�. ................................................. ..........
hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and
correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as
published; that the same was set and printed in type not smaller than nonpareil and that the body of
the same was preceded with words printed in black -face type not smaller than nonpareil, describing
and expressing in general terms the purpose and character of the notice, order, ordinance, resolution
or instrument intended to be published, as will appear from an inspection of the said annexed instrtt-
ment; that the ... QF=NAWE.•BLINGw- •0$DINANGE•_Nk)& 364 .............................
of which the annexed is a printed copy as hereinabove stated, was published and printed in said':
newspaper at least... one ...week... , by.. one• • ' • • • • • •QM•.*nWue publication...., commencing on the ,
... 115th.day of ......... Doo ember ;:.., A. D. 19.49., and ending on the.. 16th.........day.� .
.......... .DsQember, .... A. D. 1949
ia."'ia
■ri to- wit:.. ap'y
. Thuraday;.... Doaremb er • •1 -5•: • •1.949 . ............................... .:. .
............................................................................. ............................... a
................... ..............................— NCO ............................�, �.
Subscribed nd sworn t before me this../4 .4.. r '
k
day of ................ . A. D. 19AQ
...1.:......
City Clerk of the City of El Segundo, County,:,
of Los Angeles, State of Calif rnia.
Deputy City Clerk of sai City.
:
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