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The Chief of Police may appoint an inspector, who, at all times, shall be on the premises where jewelry, watches and similar items are to be auctioned. He or she shall be given one copy of the inventory by the City Clerk upon which he or she shall keep a record of each article that is offered for sale and whether or not such article is struck off to the highest bidder. If any article is offered for sale by the auctioneer, which article does not appear on the inspector's inventory, or if an article is offered for sale which had been previously struck off to a bidder at such sale, the inspector may forbid the sale of such article and take such other steps as appear to be necessary to protect the interests of the public.
(1974 Code Sec. 7.58)
The following acts, omissions and practices in connection with auction sales are hereby prohibited:
(a) The use of deceit, fraud or misrepresentation in the sale of any property;
(b) The substitution of another article for that bid upon by the prospective purchaser;
(c) The use of false bidders, cappers or puffers;
(d) The use of bells, buzzers, ballyhoo, loudspeakers or any variety of mechanical or excessive vocal sound to attract attention;
(e) The use of any false or misleading advertising matter;
(f) A sale by a person other than the licensed auctioneer named in the application;
(g) Failure to exhibit an auctioneer's license to a police officer on demand at the place where the auction is being conducted;
(h) Failure to completely post the auction sale permit;
(i) Sale of property not listed on the inventory filed with the City Clerk;
(j) Adding property to the stock sought to be sold after the inventory is filed or within 120 days prior thereto in anticipation of such sale;
(k) Offering property for sale which has once been struck off to the highest bidder; and
(l) The carrying on of auction sales without obtaining a license as provided in this chapter.
(1974 Code Sec. 7.59)
If an auction sale is for the sale of platinum, gold, silver, plated ware, precious or semiprecious stones, watches or other jewelry, each article sold shall have securely attached to it a tag or label upon which shall be plainly written or printed in English a true and correct statement of the kind and quality of the metal of which such article is made or with which it is plated, and/or the true name, weight, quality and color of any precious or semiprecious stone, together with the name of the manufacturer of such article. No such auction sale shall continue longer than fifteen days.
(1974 Code Sec. 7.60)
This chapter shall not apply to a sheriff, constable or other public or or court officer, or to any person acting under the license, direction or authority of any court, State or Federal, selling property in the course of his or her official duties, or to any person selling property under and by virtue of any statute, State or Federal.
(1974 Code Sec. 7.61)
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)