Sec. 7-10. Same--Application.

Any merchant intending to dispose of his stock on hand by sale at public auction must make a sworn written application to the mayor and council at least fifteen (15) days before the intended sale is to begin, specifying under oath the name and address of the applicant, the location and purpose of the sale, and its expected duration, a statement itemizing in detail the quality, quantity, kind or grade of each item of goods, wares and other articles to be sold, with the wholesale market value thereof, together with a declaration that the merchandise or property proposed to be sold at public auction is a bona fide part of the merchant's stock in trade, and not secured, purchased or brought into such place of business for or in anticipation of such sale, and the name of the auctioneer who shall conduct the sale.

(1953 Code, ch. 5, § 8)

Sec. 7-11. "Capping", "boosting", false bidding prohibited.

It shall be unlawful for any person to act, or to employ another to act, as a by-bidder, or what is commonly known as a "capper" or "booster" at any auction sale, or to make or accept any false or misleading bid or to pretend to buy any articles sold or offered for sale at any auction.

(1953 Code, ch. 5, § 9)

Secs. 7-12--7-15. Reserved.

   Editors Note: Sections 7-12--7-15, regulating jewelry auctions, derived from 1953 Code, ch. 5, §§ 10-13, were repealed by § 4 of Ord. No. 7434, adopted June 18, 1990.

Sec. 7-16. Advertising.

Auction advertisements must contain auction house or auctioneer's license number of the party conducting such auction.

(Ord. No. 7434, § 5, 6-18-90)

Secs. 7-17--7-25. Reserved.

ARTICLE II. PEDDLERS*

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*   Editors Note: Ord. No. 10041, § 1, adopted Sept. 20, 2004, amended Art. II in its entirety to read as herein set out. Former Art. II, §§ 7-26--7-40, pertained to similar subject matter, and derived from Ord. No. 4677, § 1, adopted June 27, 1977; Ord. No. 8129, §§ 1, 2, adopted Sept. 27, 1993; Ord. No. 8195, § 1, adopted Jan. 24, 1994.

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Sec. 7-26. Definitions.

The term:

   (1)   "City property" means all real property owned by the city, except the right-of- way.

   (2)   "Director" means the director of the department of finance.

   (3)   “Peddler” means a person selling merchandise or food products from a temporary, fixed location by means of a motor vehicle, towed vehicle, pushcart, or apparatus that displays merchandise or food for sale that can be removed on a daily basis and who is not licensed pursuant to another provision of the Tucson Code. Such term does not include an operation and vendors which are approved to sell merchandise or food within an area permitted by the Unified Development Code or approved by the zoning administrator, or other city official designated by the director of Planning and Development Services, pursuant to the Unified Development Code.

   (4)   "Peddler operation" means the area designated by the peddler on the site plan required by sections 7-27(b)(5) and (6) as the area in which the peddler will conduct business. Unless such area is physically demarcated at the site, it shall be assumed that, for purposes of measuring the distance between the operation and the nearest residential property, other peddler operation, or right-of-way, the boundary of the operation is the outer edge of the property being occupied by the peddler's personal property or customers' vehicles.

   (5)   "Site" means the tax parcel of the property for private property or location or address of the property for city property or right-of-way.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04; Ord. No. 10141, § 1, 4-12-05; Ord. No. 12060, § 5, 11-28-23)