Municipal Code, Complete - City of Santa Barbara

5.52.100 Article to be Delivered Within Twenty-Four (24) Hours After Payment.
It shall be unlawful for any auctioneer or agent, employee or assistant thereof, to refuse, fail or neglect to deliver
complete and immediate possession to the purchaser within twenty-four (24) hours after the payment of the purchase
price. (Prior Code §6.10.)
5.52.110 Invoices to be Prepared on All Purchases Exceeding Two Dollars ($2.00).
It shall be the duty of the auctioneer to make out an invoice containing a full and correct description of the articles
sold and the price, for any purchase in excess of two dollars ($2.00), and to give the invoice to the purchaser when the
purchase price is paid. Duplicate copies of the invoices will be kept by the auctioneer for a period of one (1) month
after the purchase date. (Prior Code §6.11.)
5.52.120 Auction Sale of Jewelry and Furs Prohibited - Exception.
It shall be unlawful for any person to sell, offer for sale, or advertise for sale at public auction any jewelry, or any
furs or garments composed in whole or part of furs; provided, however, that any person who has been engaged in the
business of selling jewelry or furs at retail in the City for a period of at least a year may, upon obtaining a permit as
provided in Section 5.52.170-5.52.220, conduct an auction solely for the purpose of disposing of his stock on hand
and going out of business. (Prior Code §6.12.)
5.52.130 Jewelry and Furs - Permit Required - Conditions.
An applicant desiring to obtain a permit for the purpose of holding an auction under Section 5.52.120 shall file,
together with the application form set forth in Section 5.52.190, a sworn statement, attesting to the facts that he has
conducted the business of selling jewelry or furs at retail for the period of at least a year in the City, that the purpose
of the auction is to close out the applicant's stock in trade, and that the jewelry or furs to be sold form a bona fide part
of the applicant's stock in trade. The statement shall be accompanied by an inventory of the goods to be auctioned
off, itemizing in detail the quality and wholesale price of each item of goods, together with the original date of
purchase of each item. It shall be a condition of the granting of a permit for the purpose of holding such a sale that
the books and accounts of the merchant shall be made available to the Tax and Permit Inspector or his deputies upon
demand and refusal to permit inspection of the books and records shall be grounds for refusal of the permit. (Prior
Code §6.13.)
5.52.140 Jewelry and Furs - Labeling Articles.
In the event of any closing-out sale of jewelry or furs, it shall be unlawful to sell any article, unless there is
attached to each article a tag, card or label upon which shall be plainly written in the English language, in the case of
jewelry, a true and correct statement of the kind and quality of the material of which the article is composed, whether
the article is or is not plated, the true name and quality of any precious or semi-precious gems incorporated in the
article, and whether the gems are natural or synthetic; and if the article be a watch or clock, the true name of the
manufacturer thereof. If all or any portion of the movement or case of the watch or clock is used or secondhand, that
fact shall be noted on the tag. If the articles being sold are furs or garments composed in whole or part of furs, the
card or tag shall state the quality of the furs, together with the true name of the animal from which the fur was taken.
Such card or tag shall be securely affixed to the article while the article is on display prior to the sale, and shall
remain so affixed until the article is delivered into the hands of the purchaser, and shall be read to the audience when
such article is offered for sale; and any inaccuracies in the information contained on the card or tag shall be deemed
prima facie evidence of intent to defraud the purchaser of the article to which it is affixed. (Prior Code §6.14.)
5.52.150 Exemptions - Generally.
Nothing contained in this chapter shall apply to any sale made upon execution or by virtue of any process issued
by a court, not to any sale made by any public officer in his official capacity required to be made under the laws of
the United States or the State, or under the ordinances of the County, or any sale conducted under the provisions of
the Uniform Warehouse Receipts Act; nor to any auction of livestock, nor any sale made under a nonstatutory
assignment for the benefit of creditors generally, which sale shall be conducted by an auctioneer permitted pursuant
to this chapter where the sale is limited to the stock in trade and fixtures on the premises in the City at the time of the
assignment and where the sale is held on the premises. (Prior Code §6.15.)
146 rev. 12/31/99