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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.)
The Mayor shall have the power to make such further regulations not inconsistent with the purpose and intent of this chapter as he may from time to time deem necessary or desirable; provided, however, any such regulations before becoming effective shall have first been published at least once in a local newspaper of general circulation.
(Ord. 4509/53. Passed 12-7-53.)
The Mayor, upon recommendation of the Chief of Police, or upon his own initiative, may at any time revoke or suspend the license granted under authority of this chapter for any violation of the requirements thereof or of any law relating to the business so licensed or for failure to comply with the terms of this chapter.
(Ord. 4509/53. Passed 12-7-53.)
Whoever violates any provision of this chapter shall be fined not more than five hundred dollars ($500.00) and may be imprisoned for not more than ninety days, or both. Each separate sale or offering for sale at a public auction or going-out-of-business sale of any article of gold, silver, plated ware, precious stones or imitations thereof, watches, clocks, jewelry or like merchandise in violation of the provisions of this chapter shall constitute a separate offense hereunder.
(Ord. 4509/53. Passed 12-7-53.)