Subject to the exceptions hereinafter set forth, it shall be unlawful for any person to sell, offer for sale or dispose of at public auction, or to cause or permit to be sold, offered for sale or disposed of at public auction, any gold, silver, plated ware, precious stones, watches, clocks and jewelry, whether the same shall be the property of the person conducting the sale or whether such person shall act as the agent or employee of another; provided, that this chapter shall not apply to any of the following:
(a) Judicial sales.
(b) Sales by executors or administrators.
(c) Sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner now provided by law.
(d) Sales of the stock on hand of any person who has been continuously in business in the county as a retail merchant of gold, silver, plated ware, precious stones, watches, clocks and jewelry for a period of one (1) year preceding such sale and who has had a trader's license for such business during such period; provided, that the stock on hand shall not be fed or replenished in anticipation of or during such sale. Any public auction held pursuant to this subsection shall be held only between the hours of 8:00 a.m. and 6:00 p.m. on successive days, Sundays and legal holidays excepted, and such sale shall not continue for more than thirty (30) days in all within a period of one (1) year.
(e) Sales by legitimate duly licensed auctioneers who maintain a place of business in the county for the conduct of auction sales of property of all kinds and to whom the sale of gold, silver, plated ware, precious stones, watches, clocks and jewelry is incidental to the regular auction business of auctioneers. (Mont. Co. Code 1965, § 78-2.)