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The applicant must furnish and file with the Council, prior, to the granting of any such permit, a bond issued by a surety company authorized to do business in the state, in the principal sum of $1,000, or a bond in cash in the sum of $1,000, for the faithful performance of the provisions of this chapter, which bond shall be payable to the city and which bond shall be approved by the Council and filed in the office of the City Clerk. The bond may be cancelled and terminated within not less than six months from the date of termination of the auction upon proper proof being made to the City Clerk, whose statement of termination and cancellation shall be evidence thereof. If the bond shall be cash, the cash shall be returned to the person furnishing the same within not less than six months from the date of termination of the auction upon the same terms and conditions.
('61 Code, § 4-3.11) (Ord. 138 N.S., passed - - )
(A) For every violation of this chapter, the applicant shall, in addition to any other penalties provided by law, forfeit to the city the sum of $250, which shall be recoverable on the bond.
(B) The applicant shall, under the bond, be responsible and liable for the acts of any auctioneer or crier employed in carrying out the auction sale.
(C) The permit granted under this chapter shall not be transferable, nor shall the same be loaned or used by any other person.
('61 Code, § 4-3.12) (Ord. 138 N.S., passed - - )
(A) Each applicant, or his or her auctioneer, must keep a record book in which he or she must enter all sales, the amount paid, and the date of each sale, which book must be open at all times for the inspection of the Police Department. The record book shall be filed with the City Clerk upon the termination of the auction, to be held by the City Clerk in the City Clerk's office for public inspection for a period of not less than six months, and to be delivered by the City Clerk to the applicant personally, or forwarded by United States mail, postage prepaid, upon the termination of the six-month period.
(B) It shall be the duty of the person whose merchandise is thus being sold at public auction to give each and every purchaser of an article, the selling price of which amounts to, or exceeds, the sum of $2.50, an invoice containing a full description of the article and the selling price thereof, together with a statement giving each and every warranty under which the article was sold. Duplicate copies of the invoices shall be kept.
('61 Code, § 4-3.13) (Ord. 138 N.S., passed - - )
It shall be unlawful for any person, other than an applicant who shall have complied with the terms of this chapter, to hold, conduct, carry on, or maintain any auction room or place for holding public auction sales, or to advertise the same, or to conduct, carry on, or maintain any sale of goods by public auction, bona fide or otherwise.
('61 Code, § 4-3.14) (Ord. 138 N.S., passed - - )
(A) Any person aggrieved or damaged by any act of an auctioneer in the city in violation of, or contrary to, the provisions of this chapter may have an action against such auctioneer and the bond for such auction.
(B) Any fines paid by any person under the provisions of this chapter for any violation thereof shall be paid into the treasury of the city for the use of the general fund of the city.
('61 Code, § 4-3.15) (Ord. 138 N.S., passed - - )
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