HomeMy WebLinkAboutAgenda Statement 1984/05/01 Item 11 COUNCIL AGENDA STATEMENT ii
Item
Meeting Date
24/8
ITEM TITLE: OrdinanceoW7'- Repealing Chapter 5 .16 and Amending 55 .40 .020 of
the Municipal Code relating to Auctions and
Pe dlers SECOND READING AND .....ADOPT]
SUBMITTED BY: City Attorney (4/5ths Vote: Yes No x )
Our regulations dealing with auctions have been preempted by
state law. The only remaining authority we have is to impose
a business license fee . This ordinance will bring the City
Code into compliance with state law.
RECOMMENDATION: Place Ordinance on First Reading
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Last year the State Legislature amended the state law to set
up a comprehensive scheme for the regulation of auctioneers .
This law set up a new board which is empowered to establish
administrative regulations throughout the state . The law
specifically prohibits cities from regulating in this area
with the exception that cities are allowed to continue charg-
ing a business license tax.
Our Municipal Code also contains a comprehensive regulatory
scheme with regard to auctions . All of these regulations are
now preempted. The repeal of Chapter 5 .16 will bring the
Municipal Code into compliance with the state law.
In addition, the amendment of Section 5 .40 .020 will clarify the
distinction between auctioneers and other "transient merchants"
who are subject to a further bonding requirement under the City
Code . A bond was formerly required of all auctioneers, but this
would constitute a further regulation, which is also prohibited
by the new state law.
FISCAL IMPACT: N/A
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/1-,A oe'fil Dated —
Form A-113 (Rev. 11/79)