(A) It shall be unlawful for any person, persons, firms or corporations to hold, conduct, permit or suffer to be held or conducted, any public or auction sale upon any street, alley, sidewalk or vacant lot within the Town of Clayton, New Mexico, unless a license therefor be first granted by the Board of Trustees of the Town of Clayton upon application made to the Board of Trustees by the person, firm or corporation desiring same; provided, however, that no license or permit shall be required of any person, firm or corporation to hold a public or auction sale within a building occupied by some business or occupation upon which an occupation tax is paid by the person, firm or corporation holding the public or auction sale and provided, further, that this shall not be construed to prohibit sales made by sheriffs, constables, tax collectors, coroners, marshals, executors, guardians assignees of insolvent debtors or bankrupts, or any person required by law to sell real or personal property at auction.
(B) No license for any public or auction sale shall be issued unless the person, firm or corporation granted same shall first pay to the Town Clerk-Treasurer the sum of $50 and the license fee shall be paid for each day that any sale is held within the Town of Clayton.
(C) The license shall be granted by the Town Clerk-Treasurer, when authorized by the Board of Trustees, after payment of the prescribed fee.
(D) The Board of Trustees may refuse to issue licenses when it may deem it for the best interests of the public, after hearing given to the person, firm or corporation applying therefor, if 2/3 of the members of the Board of Trustees present at the meeting at which same is considered be of the opinion that it be for the best interests of the public. An application for a license may be considered at any regular or special meeting of the Board of Trustees, if a special meeting be called for that purpose and a quorum of the Board of Trustees be present after notice to each member of the Board who is not absent from the Town of Clayton.
(Ord. 211, passed 2-9-1931) Penalty, see § 113.99