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Upon receipt of any such application the Mayor shall set a time and place for a public hearing thereon not later than two weeks thereafter, notice of which hearing shall be published in a local newspaper of general circulation. When satisfied as a result of such public hearing or otherwise that neither any fraud nor deception in the conduct of the sales or in the advertising thereof, nor any misrepresentation of the goods to be sold, is intended or will be practiced, the Mayor upon receipt of the bond required by Section 725.05
, duly approved by the Director of Law as to form and the City Auditor as to sufficiency, shall issue to the applicant a license for which application has been made. The license fee shall be one hundred dollars ($100.00) for the first thirty days or less, and a renewal fee of one hundred dollars ($100.00) for an additional thirty days or less.
(Ord. 4509/53. Passed 12-7-53.)
No such sale by auction or going-out-of-business sale, shall be licensed or held in the month of December. No such sale by auction or going-out-of-business sale shall be licensed or permitted for a period of more than thirty days, Sundays and legal holidays excepted. Such thirty days shall be consecutive except as to Sundays and legal holidays, and from December 1 to December 31, inclusive, except that if licensee does not sell the quantity of merchandise permitted under Section 725.09
, he may make application for an extension of the thirty day period. No license hereunder shall be issued for the sale of stock on hand of any person who shall not for the period of one year next preceding such sale have been continuously engaged in the City in the business of selling such merchandise at wholesale or retail; nor shall a license be issued for the sale or offering for sale at public auction or going-out-of-business sale of stock on hand by any purchaser thereof from a person that shall not for the period of one year next preceding any such purchase have been continuously engaged in and upon the same premises wherein the sale is to be held in the business of selling such merchandise at wholesale or retail. No such license shall under any circumstances be granted to any person within a period of two years after the termination of such sale by auction or going-out-of-business sale by such person held or conducted hereunder. No person who has been convicted of violating any of the provisions relating to the conduct of jewelry auctions, or going-out-of-business sales shall be granted a license for such sale or sales or act as auctioneer or be employed in any manner at or in connection with any sale or auction or going-out-of-business sale licensed hereunder for a period of five years after such conviction.
(Ord. 4509/53. Passed 12-7-53.)
No person licensed hereunder shall offer for sale by auction or going-out-of-business sale any article to which there is not attached a card or ticket or label containing a true and correct statement plainly written or printed in English, specifying the kind and quality of the metal of which such articles are made or composed, or the percentage or karat or purity of such metal. If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate. When precious stones are for sale or sold by auction or going-out-of-business sale as such or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stone or stones. When semi-precious stones are offered for sale or sold by auction or going-out-of-business sale as such or as part of an article of jewelry, such written statement shall set forth the true name of such stones. When imitations of precious or semi-precious stones are offered for sale or sold by auction or going-out-of-business sale as such or as part of an article of jewelry, such imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent. When watches and clocks are sold, the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trade marks, neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches should be so indicated by tag or label. Such tag or label shall remain securely attached to any such article or merchandise; shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima-facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such articles sold.
(Ord. 4509/53. Passed 12-7-53.)
During any sale by auction or going-out-of-business sale no additions whatsoever shall be made to the stock of merchandise set forth in the inventory attached to the application for license, and nothing shall be offered for sale or sold at any such sale by auction or going-out-of-business sale which is an addition to the stock of merchandise described in the inventory, or which has been added to the applicant's stock within a period of thirty days prior to the date the applicant filed application for license. Under no circumstances shall the inventory offered for sale at auction or at a going-out-of-business sale exceed by fifty percent the average inventory carried by the applicant over the preceding five years, nor shall the inventory offered for sale at auction or a going-out-of-business sale exceed by fifty percent the average inventory carried for the period of time the applicant has been in business. Any abnormal purchases during the year prior to the application for a license shall be cause for refusal to issue a license.
(Ord. 4509/53. Passed 12-7-53.)
No licensee, his agents or employees shall make any statements which are false in any particular, or which have a tendency to mislead or to make any misrepresentation whatsoever with references to any article sold or offered for sale during such auction or going-out-of-business sale.
(Ord. 4509/53. Passed 12-7-53.)
No person shall act at any such sale by auction or going-out-of-business sale as bidder, or what is commonly known as a "capper, " "booster, " or “shiller”, or offer or make any false bid, or offer any false bid to buy or pretend to buy any article sold or offered for sale at any sale by auction, or going-out-of-business sale.
(Ord. 4509/53. Passed 12-7-53.)
The person to whom the license has been granted shall remain in continuous attendance at all times while such sale by auction or going-out-of-business sale is being conducted, and shall be responsible for any violation of the provisions of the foregoing sections.
(Ord. 4509/53. Passed 12-7-53.)
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