HomeMy WebLinkAboutORD 811� 4
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BILL N10. 6
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kI. NO. 811
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li Y G 0 U N G i 111V 1\1 Lurrell
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AN 0 PE LC'VlDiNG FO.I Tlt,w, 1 OF JEI"U_HY , 'iUCTIOXS ';iM-
IN THIS CITY OF S-ETTIi FOi Tit HL E'TS � F . E 1 L I L CLN3-
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B
ING PRESCRIBING FE,SS TO 3E COLLI�CTED, 5LTTli OUT 1 OF hOLDINIG
AUCTIONS, SETTING FORM i JLJHOD AWD 1V,A1V_NE OF HOLDING AUCTIONS,
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IIHUOVIDING FO-lt T1
.!E '!_";VOCATIOn; OF LICLIN Si; , A�:L) PHOVlDIPC ME PEI< L-
TIES FOR VIOLATION OF TE-1.3
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Be it ordained by the Mayor and Council of the City of
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Caldwell, Idaho:
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Section 1. From and after the passage and approval of
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this ordinance it shall be unlawful for any person, co-partnership,
corporation, or association to engage in the business of closing
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out auction or to hold or operate any type of auction or do any
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auctioneering or sell or offer to sell at public outcry any article
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of jewelry, precious stones, gems, platinum, gold, silver, or plated
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pa
ware, watches, clocks, or any article of merchandise or other pr0-
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perty usually and generally carried and sold by jewelry stores with-
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in the City of Caldwell, Idaho, unless such person, co-partnership,
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corporation, or association applies for and receives a license as in
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this ordinance provided and complies with all of the provisions of
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this ordinance.
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Section 2. The term auctioneer within the meaning of this
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ordinance shall include any and every person who sells or offers to
sell at public outcry any article of jewelry, precious stones, gems,
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platinum, gold, silver, plated ware, watches, clocks, or any article
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of merchandise or other property usually and generally carried and
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sold by jewelry stores �Athin the City of Caldwell.
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Section 3. Any person, firm, or corporation desiring a
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license to engage in the business of holding closi,, out auctions
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or aucticneering as herein defined shall make application therefor
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to the City Clerk. Such application shall be-on forms furnished by
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the City Clerk and shall state the narzie, address of the applicant
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and such other and further information as the City Clerk may require
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1 provided, however, that said application shall be made at least
2 sixty days prior to the opening date of said auction.
3 Section 4. The City Clerk shall collect from each appli-
4 cant a fee of 425.00 for each day said auction will continue as
5 shall appear in the application, said fee to be collected before
6 issuinp, the license. In addition to such license fee said applicant
7 shall tender a surety bond in the sum of 9100.00 for indemnificatio�
8 including reasonable costs and attorneys fees, to any purchaser
suffering a loss by reason of fraud or misrepresentation or other
violation of this ordinance in the sale of any article with the
meaning thereof. After receipt of application accompanied by the
13 required license fee, the City Clerk shall then present the appli-
cation to the Mayor and Council for approval or disapproval. Upon
the approval of the Playor and Council, said Clerk shall then cause
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��� 16 to be issued the license requested.
17, Section 5. All auction licensed hereunder shall after t
18 date of commencement be held on successive days, Sundays and legal
19 holidays excepted, and on the dates specified in the application
20 and no auction shall be held at any time except between the dates
J of Aurust 15th and October 15th of any year and shall not continue
for more than thirty days.
Section 6. No licensee shall offer for sale or sell at
any auction any article as described in section 1 hereof, unless
2,9 there is at the time securely attached thereto a tag or label upon
261� ip;hich there is plainly written or printed, in English, a true and
...11correct statement of the markings thereof and the meaning thereof
28 relating to the kind and quality of the metal of which such article
129 is rrade or composed, and the percentage or karet of purity of such
30 metal, and in case such articles are plated or overlaid, of the kind
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, �of plate and percentage of purity of such plating and the kind of
32 materal or metal covered; and as to precious or semi-precious stones
I the true names; calipered or actual weight, quality and fineness of
2 said stories; imitations Shall be stated to be such; the true names
3 of manufacturers shall be stated; no parts of the movements or
4 mechanism of watches or clocks, nor parts of other articles, shall
5 1 be substituted or contain false or misleading names or trademarks,
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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 requirements to the best of the licensee's knowledge and
belief.
Section 7. 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
lauction 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 City 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 pers
after the date of commencement of said auction, to bring into said
business, to purchase, or add to or replenish his stock by substi-
tutions, fill-ins, or goods of any character whatsoever.
Section 8. The Chief of Police, or City Council, may at
25 'any time during the continuance of said auction, stop the same upon
26 being satisfied that said auction is being conducted in violation
27 of the provisions of this ordinance, or violating any laws, either
28 city, state or federal, and upon conviction of such offense, license
29 shall immediately be revoked by the City Clerk of the City of Cald
well.
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Section 9. Any person or persons, firm, co-partnership
or corporation, except as hereinafter provided, that shall do, trans
1 act, exercise, engage in or carry on, directly or indirectly within
2 the limits of the City of Caldwell., any trade, business, occupation,
3 vocation or employment for which a license is required by ordinance
4 without first procuring such a license from the City Clerk of the
5 City of Cal-dwell, shall be deemed guilty of a misdemeanor, and upon
6 conviction thereof, shall be fined in any sum not less than Twenty-
7 Five Dollars nor more than One Hundred Dollars.
8 Section 10• No license issued or granted under ordinance
9 � shall be in any way assignable or transferable nor authorize any
other person or persons, firm, co-partnership or corporation to do
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business, or authorize any other business than is therein mentioned
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to be done, or authorize the transfer of such business at any other
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place than is specified in such license.
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04 Section 11. This ordinance shall be in force and shall
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take effect from and after its passage, approval and publication®
16 PASSzD oy the Council this 2- day of 1953
17 APPROVED by the ivlayor this__gy day of 195"'
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21�ATT SST :
Ci ty Clerk
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