HomeMy WebLinkAbout~Master - Regulating Auction Sales of Precious Metals, Stones, Watches, Clocks j Ordinance No. 481 ( `
AN ORDINANCE PROVIDING FOR THE REGULATION AND
LICENSING OF SALES BY AUCTION OF NEW AND UNUSED
GOLD, SILVER, PLATED WARE, PRECIOUS OR SEMI
PRECIOUS STONES, WATCHES, CLOCKS, OR ANY OTHER
JEWELRY.,,- AND ESTABLISHING PENALTIES FOR A VIOLA-
TION OF ITS PROVISIONS
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BE IT ORDAINED by the .City Council of the City of Ames, Iowat
Section 1. All sales by auction of new and unused gold;. cilver
;plated ware, precious or semi-precious stones, watches, clocks, or
�jany other jewelry- are hereby prohibited unless a license be ob-
itained therefore as hereinafter provided for. I .
Section 2. That hereafter, excepting sales made by sheriffs,
constables, coroners, •marshals,. executors.. guardians, assign*80 of., }
insolvent debtors or bankrupts, or any other person required by law
lto sell real or personal property, it shall be unlawful in the City`
og Ames, Iowa, for any person, firm or corporation either for hi.m-
s 1 , or tself, or for another, or for any firm or corporation, to
sell or offer for sale at public or private auction any stock or
;jstocks of merchandise as above specified, in whole: or in part,
without first obtaining from the City Clerk of the City of( Ames,Iowa, a permit in writing so to do; and that the said Clerk shall
not issue a permit for any such sale or sales until he is satisfied
that. - neither neither fraud nor deception of any kind is contemplated or,
twill be contemplated and that neither the sale for reasons therefore
nor the goods to be sold, have or will not thereafter, be fraudu
gently or falsely advertised or in any way whatsoever have been.
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isrepresented in so far as said auction is concerned.
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Section 3. Any person, firm or corporation, either for himself;
Igor itself or for another or for any firm or corporation desiring to
sell or offer for sale at public auction any. stock or stocks of
merchandise above described, in whole or part, shall file a writte3a
*pplication for a license, said application setting forth the'
ifollowing:
�i (a) The name, residence address, and business address of the
! applicant.
(b) The character of business applicant has been engaged in
during the twb years prior to the application.
(c) Whether the proposed auction is to be held at the
applicantts existing regularly established place of
business, and wherein his regular business has been
operated for at least one year prior to the application.
(d) The name and address of each person who will participate
in conducting .the said sale by auction.
(e) Whether the applicant will be present at and in continuous
attendance at said proposed sale by auction.
i (f) Whether any additions to the stock of merchandise proposed
to be sold at said sale by auction have been made .within .
!I a period of forty days prior to the date of said applica-
tion, and if so, he shall furnish a separate inventory I
thereof containing all details as in the regular inventory
required.
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Prdinance No. 481 - Page 2
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(g) Whether,. after filing said application and until the and
of said sale by auction applicant will make any additions
or permit any additions to be made to the said stock of
merchandise described in the required inventory.
(h) Whether he has conducted or caused to be hela. any sales by
auction within a period of five years prior to said" appli-
cation.
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j (i) Whether applicant has owned or conducted within one year
prior to the. said application, any other store or place of
business than the one mentioned as his regular place of
business in the application., and if so, where such store
or stores or place or places of business were loeated .and
the character of business operated in each.
(� ) He shall state whether he will himself and whether he will
require all others participating in the conducting of said
proposed sale by auction to, truly and correctly, repre-
sent at all times to all persons attending such auction,
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the actual facts in respect to quality.
i (k) Whether he has attached to said application a true and
correct detailed inventory of the stock of. goods, wares
and merchandise proposed to be sold at said sale by aun-
tion. Whether he caused the articles in said inventory
to b given a number, and whether he. agrees in case a
lice se is granted, to attach to said articles a card or
j ticket with the number of said articles endorsed thereon
corresponding to the inventory number.
(1) Whether the applicant or an person he
pp y F proposes to use �as
auct oneer or other employee at the proposed auction sale
has been convicted of any violation of any section of
this ordinance within the two years prior to said applieat-1
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tion.
Section 4. No such sale by auction shall be held or open for
business between the hours of six o'clock in the evening and eight
Eotall
clock the following morning under any circumstances and no license
permit any such thing to be done.
Section 5. No such sale by auction shall be licensed or per
Imitted except at the regularly existing established place of busi
Iness and at the place wherein the regular business has been operated
ifor a period of at least one year prior to the application.
Section 6. Whenever any such licensed sale by auction is being
(conducted, the person to whom the license has been granted shall
(remain in continuous attendance at all times while such sale by
( auction is being conducted., -and shall be responsible for any viola-
tion of said ordinance.
Section 7. During any such sale by auction no additions what-
'Isoever shall be made to the stock of merchandise set forth in the
,inventory attached to the application for license, and nothing
�shall be offered for sale or sold at any such sale by auction which
is in addition to the stock of merchandise described in said. inven-.
tort', or which has been added to the applicant's stock within a
period of forty days prior- to the date the applicant files applica-
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tion for license.
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Section 8. No person shall act at any such sale by auetian as
;bidder, or what is commonly known as a "capper", "booster", or
"chiller", or offer to make any false bid, or offer any false bid I
,to buy or pretend. to buy any article sold or offered for sale at any,
;sale by auction. j
j Section 9. At all such sales by auction the applicant and ,all
,;persons participating in the sale by auction must"truly and
,correctly represent at all times to the public attending said auctio
�,the actual facts in respect to quality and condition of said stock
;of merchandise, specifying whether the article is new, used, re-
( built, perfect or imperfect, the coloring and the cutting, as the
,case may be.
Section 10. The applicant for a license shall attach to its o
Ihis application a true and correct detailed inventory listing the .
articles proposed to be sold at said sale by auction and shall cause
said articles described in said inventory to be given a number.
The applicant shall thereupon duly verify the said application .by.
his personal oath or affirmation. In case the license is granted
he must before the beginning of such sale by auction, attach to. sai
articles a card or ticket with the said number of said articles
endorsed thereon, so that the number of said articles described,
land set opposite the description of the respective articles corre-
spond to the card or ticket number aforesaid.
Section 11. No license for any such sale by auction shall be
granted to any person, firm or corporation, or to any agent or
affiliate or assignee of, or to any person acting for such person
ifirm or corporation, within a period of two years after the termina -
tion of such a sale by auction by such person, firm or corporation
;held or conducted either under this ordinance., or any other lax or
iotherwise.
Section 12. No person who has been convicted of violating any_.
section of this ordinance shall be granted a license, or act as
an auctioneer or be employed in any manner at or in connection with .
any sale by auction licensed under this ordinance for a period of.
Itwo (2) years after such conviction,
i. Section 13. `very such permit or license as is contemplated
by this ordinance shall be issued for definite period of time,
, not exceeding thirty days from the date of issuance and the day and
hour of expiration shall be stated in the permit or license, and
before said license or permit be issued, the applicant shall pay
! the City of Ames the sum of $5.00 per day for each day that said
'permit or license designates.
Section 14. The duty of the Clerk of the City of Ames shall
Ibe to inspect any and every such said stock or stocks of merchandise
, as above described so as to definitely know whether or not the
(provisions of this ordinance as regards fraud or deception or
(fraudulent and false advertising apply or are likely to apply to
Isaid stock or stocks of, merchandise. A finding by said Clerk of
;fraud or deception or fraudulent and false advertising is sufficien
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grounds for a refusal of said license. j
Section. 15. No person, firm or corporation shall sell or offs
to sell at any such sale by auction, any goods, wares, or merchan-
Ildise which has been falsely described or concerning which any
1jtruthful statement has been made as to character, quality, kind or
(; description.
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;Ordinance No. 481' - Page 4
Section 16, The City Clerk is hereby vested with authority to
temporarily suspend said license and the operation of said .sale by
lauction whenever he may believe any ordinance is being violatod,
land thereupon forthwith appropriate proceedings shall be instituted
Ilin some proper Court and in the event the said proceedings resulted
in conviction, the said license shall become permanently null and
void. Otherwise the suspension shall be at an end and the license
thereupon restored and said sale by auction may proceed until It has
been open for the length of time allowed by said license, but in no
! event shall said length of time exceed thirty days.
Section 17. Any person, firm or corporation, who shall
attempt to sell the above described merchandise by auction Without
ifirst obtaining the license providing for such sale, or without
lhaving complied with all the provisions of this ordinance, shall. be i
deemed guilty of a misdemeanor and upon conviction thereof $hall be-j
committed to the City or County jail until such fines or costs are
paid, not exceeding thirty days.
Section 18. The holdin of an section invalid void or
lunconstitutional, shall not in any manner affect the validity of
jany other section of this ordinance.
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j Section 19. All ordinances or parts of ordinances contravening
the provisions of this ordinance are hereby repealed.
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Section 20. This ordinance shall take effect and be in full
jforce from and after its passage and publication.
jPassed this 7th day of March, 1938.
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9WR-Pr%a4theer,, 01ty Cler W. L. Allan, ayor
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A tec hI $ 1938.
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