Municipal Code, Complete - City of Santa Barbara

5.52.160 Exemptions - Executors, Public Officers, Etc.
The provisions of this chapter shall not be applicable to trustees in bankruptcy, executors, administrators, receivers
or public officers acting under judicial order or process; provided, there shall, prior to their acting, first be filed with
the Tax and Permit Inspector of the City, a statement under oath, stating the name of the court and proceeding in
which the order or process under which they are acting was obtained and stating the date thereof. (Prior Code §6.16.)
5.52.170 Permit Required.
It shall be unlawful for any person to hold himself out as an auctioneer, or to conduct or cause to be conducted an
auction, unless such person shall have previously obtained a permit as provided in Section 5.52.190 (Prior Code
§6.17.)
5.52.180 Permit Duration.
An auctioneer's permit shall be good for a period of one (1) year from the date of its issue; provided, however, that
it may be revoked at any time for violation of any of the terms of this chapter, or in the event that the permittee is
convicted of a felony. (Prior Code §6.18.)
5.52.190 Permit - Application - Information to be Shown.
Application for an auctioneer's permit shall be made in writing upon forms provided therefor to the Tax and
Permit Inspector of the City at least thirty (30) days prior to the date of holding any auction. Each application shall be
verified, and shall contain:
(1) The name, address and principal place of business of the applicant;
(2) The nature of the business and the length of time he has been engaged in it;
(3) The place at which the auction is to be held and the type of merchandise to be sold;
(4) Whether or not he has even been convicted of a felony or misdemeanor other than traffic violations, and the
nature of the felony or misdemeanor;
(5) The names and addresses of three (3) character references living in the County of his residence. (Prior Code
§6.19.)
5.52.200 Permit Application - Bond.
Each application for an auctioneer's permit must be accompanied by a bond in the principal amount of at least two
thousand five hundred dollars ($2,500.00), the form of which shall be approved by the City Attorney, with one (1) or
more sureties thereon, to be approved by the City Attorney. The condition of each bond must be substantially such,
that the principal named will faithfully conform to each and all of the ordinances of the City and each and all of the
laws of the State, whether then in force or which may thereafter be adopted, relating to auctions or the business of
auctioneers, and the prevention of fraudulent practices in general. The bond shall provide that the principal and
surety named in the bond, and their heirs, executors, administrators, successors and assigns shall be jointly and
severally bound unto the City and unto any and every person aggrieved or damaged by a breach of the condition of
the bond, and the bond shall provide that the bond shall not be void upon the first recovery, but may be sued and
recovered upon from time to time, by the City or any person aggrieved or damaged in his own name, until the whole
penalty is exhausted; and the life of the obligation of such bond shall be made such that it will continue for such
length of time as such permit remains in force and effect. (Prior Code §6.20.)
5.52.210 Permit Application - Denial - Appeal.
If, upon investigation of the applicant for an auctioneer's permit, it shall appear that the applicant is not a person of
good moral character, or that he has knowingly falsified any statement in his application, the Tax and Permit
Inspector shall refuse to approve the permit; and, in the event that the permit is refused, the applicant may appeal
pursuant to the provisions of Section 1.30.050 of this Code. (Ord. 5136, 1999; Prior Code §6.21.)
147 rev. 12/31/99