Loading...
HomeMy WebLinkAboutORD 1267i • BILL NO. 27 ORDINANCE NO. 1267 BY COUNCIL D . n AN ORDINANCE TO AMEND TITLE 4 OF THE CITY CODE OF CALDWELL COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THERETO THE FOLLOW- ING CHAPTER WHICH SHALL BE DESIGNATED AS CHAPTER 10 OF SAID TITLE 4, AND SHALL BE DESIGNATED AS JEWELRY AUCTIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Title 4 of the City Code of Caldwell, County of Canyon, State of Idaho, be amended by adding thereto the following which shall be designated as Chapter 10 of said Title 4 of said City Code: SECTION: 4 -10 -1: Definitions 4 -10 -2: License Required 4 -10 -3: Application for License 4 -10 -4: Bond Required 4 -10 -5: Time for Holding Auction 4 -10 -6: Requirements for Auction 4 -10 -7: Location of Auction; Substitutions Prohibited 4 -10 -8: Revocation of License 4 -10 -9: Transfer Prohibited 4 -10 -1: DEFINITIONS: The term auction within the meaning of this Chapter shall mean the offering to sell at public outcry any article of jewelry, precious stones, gems, platinum, gold, silver, plated ware, watches or clocks. The term auctioneer within the meaning of this Chapter shall include any person who sells or offers to sell at public outcry any article of jewelry, previous stones, gems, platinum, gold, silver, plated ware, watches or clocks. 4 -10 -2: LICENSE REQUIRED: It shall be unlawful for any person to sell or offer to sell at public 11 outcry any article of jewelry, precious stones, gems, platinum, gold, silver, plated ware, watches or clocks unless such person applies for and receives a license as in this Chapter provided. 4 -10 -3: APPLICATION FOR LICENSE: Any person desiring a license to engage in the business of holding auctions or auctioneering as herein defined shall make application therefor to the Clerk. Such applica- tion shall be on forms furnished by the Clerk and shall state the name and address of the applicant, type of merchandise to be auctioned, dates auction will be held and such other information as the Clerk may require, provided, however, that said application shall be made at least sixty (60) days prior to the opening date of said auction. 4 -10 -4: BOND REQUIRED: The Clerk shall collect from each applicant a fee of twenty -five dollars ($25.00) for each day said auction will continue as shall be shown in the application, said fee to be collected before issuance of the license. In addition to the license fee the applicant shall tender a surety bond in the sum of five hundred dollars ($500.00) for indemni- fication including reasonable costs and attorneys fees, to any purchaser suffering a loss by reason of fraud or misrepresentation or other violation of this Chapter in the sale of any article with the meaning thereof. After receipt of application accompanied by the required license fee, the Clerk shall then present the applica- tion to the Mayor and Council for approval or disapproval. Upon the approval of the Mayor and Council the Clerk shall then cause to be issued the license required. 4 -10 -5: TIME FOR HOLDING AUCTION: All auctions licensed hereunder shall after the date of commence- ment be held on successive days, Sundays and legal holidays excepted, and on the dates specified in the application, and no auction shall be held at any other time. No auction shall continue for more than thirty (30) consecutive days. 4 -10 -6: REQUIREMENTS FOR AUCTION: No licensee shall offer for sale or sell at any auction any article as described in Section 4 -10 -2 hereof, unless there is at the time securely attached thereto a tag or label upon which there is plainly written or printed, in English, a true and correct statement of the markings thereof and the meaning thereof relating to the kind and quality of the metal of which said article is made or composed, and the percentage of karat or purity of such metal, and in case such articles are plated or over- laid, of the kind of plate and percentage of purity of such plating and the kind of material or metal covered; and as to precious or semi- precious stones the true names; calipered or actual weight, quality of fineness of said stones; imitations shall be stated to be such; the true names of manufacturers shall be stated; no parts of the movements or mechanism of watches or clocks, nor parts of other articles, shall be substituted or contain false or misleading names or trademarks, nor shall secondhand or old movements be offered for sale in new cases, without in each instance a true statement to that effect attached thereto. If any of the foregoing are unmarked and unknown the tag or label shall so state and shall also state each of the foregoing require- ments to the best of the licensee's knowledge and belief. 4 -10 -7: LOCATION OF AUCTION; SUBSTITUTIONS PROHIBITED: All auctions, within the meaning of this Chapter, shall be held indoors and the license herein provided shall be posted in a conspicuous place in a room or building wherein the auction is being held, and the licensee, or some person authorized by him, shall, upon demand of the Chief of Police, or other person or persons designated by the Council, furnish said persons with an itemized descriptive inventory of all articles to be sold, and it shall be unlawful for any licensee, or other person or persons, after the date of commencement of said auction, to bring into:s aid business, to pur- chase, or add to or replenish his stock by substitutions, fill -ins, or goods of any character whatsoever. 4 -10 -8: REVOCATION OF LICENSE: The Chief of Police, or Council, may at any time during said auction, stop the same upon being satisfied that said auction is being conducted in violation of the provisions of this Chapter, or violating any laws, either City, State, or Federal, and upon conviction of such offense, the license shall immediately be revoked by the Clerk. 4 -10 -9: TRANSFER PROHIBITED: No license issued or granted under this Chapter shall be in any way assignable or transferable nor shall it authorize any other person or persons, to do business or authorize the transfer of such business to any other place than is specified in such license. Section 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell this Sth day of June, 1972. .APPROVED BY THE MAYOR of the City of Caldwell this 5th day of June, 1972. ATTEST: -City Clerk ayor