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HomeMy WebLinkAboutProvide for and to Regulate Sale by Auction of Gold, Silver, or Plated Ware, Precious and Semi-Presious Stones, Watches or JewerlyORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana, Clerk, Attest: 6—L6_,k _ ._President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana loom Approved and signed by me — r Clerk 1_02�© , W ORDINANCE NO. ) F"o t% AN ORDINANCE TO PROVIDE FOR A_dD TO REGULATE TEE SALE BY AUCTION OF ANY GOLD, SIL'Jr`Ti OR PLATED 1 ^TARE, PRECIOUS and SERI- PRECIOUS STONES, ANNONOW, WATCHES,- OR JEWELRY IN THE CIT`T OF SOUTH BEAD, INDIAKA: TO PROVIDE FOR A LICENSE FEE A';TD TO PROVIDE PENALTIES FOR :TTE VIOLATIONS OF ANY OF TICS PROVISIONS OF THE ORDINANCE. BE IT ORDAINED BY THE CGEMON COUNCIL OF THE CITY OF SOUTH 3EI6D, INDIANA, AS FOLLOWS: SECTION 1:- It shall be unlawful for any person, firm or corpor- ation to sell or dispose of, or offer for sale, in the City of South Bend, Indiana, at public auction, or to cause or eermit.to be sold, disposed of or offered for sale in the City of Sout?i Bend, Indiana, at public auction, any gold, silver or plated ware, precious and semi - precious stones, 19W- n@IMW, fir, watches, aNvlft -or jevelry, whether the sa,ie be its or their own _property, or whether in doing so the; act as the agents or employees of others, unless sac2 person, firm or corporation desiring to hold such a pub- lic auction shall file with t:e Controller of the City of South Bend, Indiana, a sworn application stating; the name of the owner of the stock, the location by street and street number of such stock and the location where such auction is to be held; said sworn application shall also specify that the ;erson, firm or corporation on whose behalf the application is made, si.all not have held or conducted an auction sale of similar merchandise within one year of the date of said application; said sworn application to hold such auction shall also state that the person, firm or co"rpo-ration on whose behalf such application is nn,ade shall have been in the jewelry business at the stated street and. street number, in the City of South Bend, Indiana, for at least one year prior to the date of said application. SECTION 2:- After such application shall have been on file with tine City Controller for five days, suoh City Controller shall issue a license for t. ^e holding of such public auction, provided that such City Controller has verified the statements contained in tine application and there shall be paid to the City Controller the sac: of One Hundred (`�100.00) Dollars as a license fee, when said license is issued, and acll such license fees so collected shall be covered into tie Treasury of the City. SECTION 3:- It shall be unlawful to hold any such public auction on Sundays and le_,al holidays. SECTION 4:- Y -then a license to hold such auction shall have been issued, said auction by a-ctho"rity of such license shall continue for not more than tea successive days, exclading Sundays ;end holidays,__ SECTIOS 5:- It shall be unlawful to hold any such �,_clic a'..ction during that period of G� :;e year b tween. i'o7eCfber 15th and December 31st, aa1'' no license shall be issued by the City Controller for the holding of^c��'_ auction during, said period. SECTION It shall 'Is unla•: ful for anti )erson, firm or corpora- tion to vlhom such license has been _&shed to use fraud, deceit or misrepre- sentation in the sale of, or offering for sale of any goods, wares and : :er - char_dise. Y� y SECTION 7:- It shall be unlawful for any person, firm or cor- poration to whom such license has been issued to use false bidders, cappers and puffers, by which terms are meant and included persons with whom an ar- rangement or understanding exists that they shall simulate the acts of any interested bidder and shall enhance the bids, start the bidding, bid a pre- pared price for the article or by trickery to induce others to bid during said auction. SECTION 8:- It shall be unlawful to use bells, buzzers, or any variety of mechanical instrument to attract attention at such auction. SECTION 9:- No license under this ordinance shall be granted to any person, firm or corporation to whom a similar license has been granted within the twelve months preceding the date of such application. SECTION 10:- No person, firm or corporation shall be granted a license under this ordinance who shall not have been in the jewelry business in the City of South Bend, Indiana, at least twelve months prior to the issuance of such a license.. SECTION 11:- It shall be unlawful to not keep posted in a con - spicuous place.the license authorizing the holding of said auction, and it shall be so conspicuously posted in the room in which said auction is being held. SECTION 12:- If during such auction, any of the provisions of this ordinance have.not been complied with, or if any of its requirements are not being complied with during the progress of said aaa.ction, the Superintendent or Chief of Police shall forthwith cause said auction to be discontinued; provided further that in such event there shall be no refund of any portion of the license fees. SECTION 13:- This ordinance shall not apply to the sale of any property under legal process or under the terms of a. mortgage by the mort- gagee or his assigns; nor shall it apply.to sales by executors, administrators, guardians, trustees or receivers acting under orders of Court; nor to sales by or on behalf of pawnbrokers of unredeemed pledges;nor to warehousemen or gar- age- keepers to enforce their liens for labor and materials on the chattels so exposed for sale; nor to any other lienor in respect to goods sold as pro- vided by law to enforce any lien thereon; nor to sales made by public officers in the line of their duties. SECTION 14:- Any person, firm or corporation violating any of the provisions of this ordinance, in addition to revocation of such license, if it or they be licensed,. shall upon conviction be fined not less than Twenty - five ('25.00) Dollars or more than One Hundred ($100.00) Dollars for each offense and each violation of this ordinance and.each day's violation shall constitute and be deemed a separate offense. t SECTION 15:- All ordinances or parts of ordinances vinich may con - �t n flict with this ordinance are hereby repealed. SECTION 16:- If any section or portion of this ordinance be held for any reason, invalid, such holding shall not effect the remaining pro- visions hereof not held in *a,lid. SECTION 17:- This ordinance shall be in full force and effect from and after its passage and legal publication according to law. f} Vi qI3o i� L