HomeMy WebLinkAbout6.09 Ordinance Regarding Auctioneers R 450
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 12, 1987
SUBJECT PUBLIC HEARING: .- Ordinance Relating to Auctioneers
EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated
February 13 , 1986; Draft Ordinance
RECOMMENDATION ;�: Open Public Hearing
Receive Staff Presentation
Hear Public Testimony
Close Public Hearing
Waive Reading and Adopt Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION The attached proposed ordinance is brought to the City
Council as a part of the comprehensive revision of the City ' s ordinances and
development of a Municipal Code .
This ordinance does nothing more than require Auctioneers to comply with the
provisions of State Law and the City ' s Zoning Ordinance . The Assistant City
Attorney has recommended inclusion of this ordinance in the Municipal Code
to assist Staff and the public with the requirements that apply to
auctioneers . _
The proposed ordinance would replace Title 2 , Chapter 4 of the Alameda
County Code which the City adopted by Ordinance No. 13-82 .
The City Council introduced this Ordinance at its meeting of December 22,
1986 .
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COPIES TO:
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ITEM NO. ��"
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NAVE & SM ER
ATTORNEYS AT LAW OAKUNO OFFICE:
MICHAEL R.NAVE _ 4014 LAKESHORE AVENUE
ELIZABETH H. SILVER 1220 HOWARD AVENUE.SUITE 250 OAKLAND.CALIFORNIA 94610
P.O. BOX 208 TELEPHONE:1415)620.7855
BURLINGAME, CALIFORNIA
94011-0208 REPLY TO Oak l and
(A 15) 348.7130
MEMORANDUM
TO: Richard Ambrose, City Manager DATE: 2/13/86
FROM: Elizabeth H. Silver
RE: Municipal Code - Auctioneers (County Code Title 2, Chapter 4)
and Secondhand Dealers (County Code Title 2 , Chapter 5)
In our -review of the County Code I noted we would keep Title 2,
Chapter 4, dealing with auctions and auctioneers. These
provisions are no longer necessary . Business and Professions Code
§ 5700 et seq ( "Auctioneer and Auction Licensing Act") provides
for the licensing of auctioneers by the State. It contains
detailed requirements for licensing, bonding, suspension and
revocation of licenses, etc.
Likewise, it is not necessary to require secondhand dealers to
obtain permits. Business and Professions Code §§ 21625 - 21667
require secondhand dealers to obtain a license from the Chief of
Police. These sections require retention of goods, reporting,
etc . Although a city can enact an ordinance dealing with
reporting, holding or releasing of such goods, such an ordinance
cannot be inconsistent with State law. It does not seem necessary
to me to duplicate the State law.
I would suggest we include a section in the Municipal Code
indicating that auctioneers and secondhand dealers are subject to
State licensing requirements and specifying that any such -
businesses must comply with the City Zoning Ordinance. This will
assist City staff and the public in determining what requirements
apply to auctioneers and secondhand dealers. Attached is a
suggested ordinance.
Elizabeth H. Silver
EHS/cda
Attachment
cc: Tom Shores, Chief of Police w/attachment
ORDINANCE NO. - 8�
AN ORDINANCE OF THE CITY OF DUBLIN RELATING
TO AUCTIONEERS
The City Council of the City of Dublin does ordain as follows_:
Section 1 . Anyone wishing to conduct the business of an
auctioneer within the City of-- Dublin shall comply with the
requirements of State law. (Business and Professions Code §5 5_300
et seq. ) and the City Zoning -Code.
Section 2. This Ordinance shall supersede the provisions of
Chapter 4 of Title 2 of the Alameda County Code, as adopted by
Dublin Ordinance No. 13 .
Section 3 . This Ordinance shall take effect and be in force
thirty ( 30 ) days from and after the date of its passage. The City
Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3 ) =public places in the City of Dublin
in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED by the City Council of the City of D-ublin
on this 12th day of January , 198 7 by the following vote:
AYES :
NOES: _
ABSENT:
Mayor
ATTEST:
City Clerk