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HomeMy Public PortalAbout1532-1954 - Regulating the sale of Jewelry at Public AuctionORDINANCE NO. AN ORDINANCE TO -REGULATE THE SALE OF PREVENT MISREPRESENTATION AND FRAUD AUCTION, TO,PROVIDE FOR LICENSES AND PENALTIES FOR THE VIOLATION THEREOF, OF.ORDINANCES IN CONFLICT HEREWITH. JEWELRY AT PUBLIC AUCTION AND TO IN THE SALE OF JEWELRY AT PUBLIC PERMITS THEREUNDER, TO PRESCRIBE AND REPEAL ALL ORDINANCES OR PARTS - BE IT ORDAINED BT THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA. . SECTION 1. APPLICATION FOR LICENSE. Any person, firm or corporation, desiring to conduct a jewelry auction shall file with the City Controller an application for such license accompanied by a sworn statement setting out the following: a. Name and address of person, firm or corporation desiring to hold such auction. b. Date on which person, firm or corporation began jewelry business in Richmond, Indiana. c. Names and addresses of individuals who will auction or cry mer- chandise. d. Date or dates on which the auction will be held and the place where auction will be held. e. Date or dates of any pervious jewelry auctions held by applicant and place or places where such auctions were held. f. A notarized, itemized inventory of all jewelry to be offered in said sale with date of purchase of each item thereof, the name and address of the person, firm or corporation from which such item was purchased, and the price paid by the applicant therefor, and.a true description thereof. g. That the jewelry set forth in said itemized inventory is not consigned and that all of the items thereof have been owned bt the ap- plicant for at least six (6) months prior to the filing of such application. SECTION 2. LICENSE FEE AND CONDITIONS. The City Controller shall grant a jewelry auction permit to an applicant who has filed the informa- tion required in Section 1, upon the payment by the applicant of a minimum fee of seventy-five dollars (475.00) and an additional fee of fifteen dollars ($15.00) for each day after the first day that such auction is to be held and the posting with the City Controller of a good and sufficient bond in the sum of ten thousand dollars, ($10)000.00) which shall be con- ditioned to indemnify any purchasers at the jewelry auction who suffer any loss by reason of misrepresentation in such sales; provided that no fee or bond shall be required of receivers or other officers, conducting such auction sales by order of a court of competent jurisdiction. No jewelry auction permit shall be granted to any person, firm or corporation, who or which has not been established in the jewelry business in the City of Richmond, Indiana, continuously for at least two (2) .years immediately prior to the time of such application. SECTION 3. FALSE OR MISLEADING STATEMENTS BY AUCTIONEER. No person offering for sale or selling jewelry at auction shall make any statement which is false in any material particular or tends to mislead or which misrepresents in any way merchandise sold or offered for sale, or make any statement regarding the value of such jewelry which is not a statement of fact, or make any untrue statement as to the current price at which like - merchandise is being offered at, retail by other persons, firms or corpora_t- tons. No label, tag or description shall contain any statement which is false in any material particular or tends to mislead or which misrepresents in any way the merchandise to which it is attached. SECTION 4. RECORD OF SALES. Each person, firm or corporation, or the employees, or agent thereof who shall conduct a jewelry auction in Richmond, Indiana shall keep a daily record of each item of merchandise sold for ten dollars ($10.00) or more, which record shall contain a.true description of the merchandise and the name and address of the purchaser, with a statement of the price paid by the purchaser for such merchandise. The purchaser shall receive a copy of this record. Copies of all such records shall be delivered to the City Controller every ten (10) days during the continuation of the auction -and at the end of such auction for the remaining days thereof; pro- vided, however, that the City Controller may require copies of such records to -`be delivered at more frequent intervals. 2. SECTION 5. SPECIAL RESTRICTIONS. All sales whall be conducted upon the premised. which have been regularly used" by the person, .f irm" or corp- oration for the sale of the articles described in Section 2, for'at least three (3) months before the time of application for the jewelry auction permit. No -`jewelry auction sale -shall be conducted during the months of November and December; nor shall such auction be held at hours other than those kept by the Retail Merchants Association. SECTION 6. EACH UNLAWFUL SALE TO CONSTITUTE SEPARATE OFFENSE. It shall be unlawful for any applicant to conduct a jewelry auction sale that does not conform in every particular to the requirements of Sections 1 to 7. inclusive, and to the representations contained in the application re- quired by Section 1. Each separate sale or offer for sale made contrary to the provisions of this chapter shall be deemed and shall constitute a separate offense hereunder. SECTION 7. PENALTY. Any person, firm or corporation, violating any of the rovisions of this chapter shall be fined not less than ten dollars ($10.00� and not exceeding one hundred dollars, ($100.00) for each sep- arate offense. SECTION 8. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. In the event that any part of this Ordinance shall be declared unconstitutional or void for any reason by any Court of competent jurisdiction, such decision shall in no way affect the validity of the remain- ing sections of this Ordinance. SECTION 10. This ordinance shall be in full force and effect from and after its passage of the Common Council, properly signed by the Pres- ident thereof, submission to and the approval of the Mayor. PASSED by the Common Council of Indiana, this Zday of " Attest: ty/)C1e e City of Richmond, Wayne County, 1954. esident of Common Council PRESENTED, by me, Ather J. Reeg, City Clerk of Richmond, Indi na, to the Hon. Lester E. Meadows Mayor of said City, thi day 1954, at /6' rU' o 1 clock M. A n .y uler APPROVED by me, Lester Me-a.dows, Mayor of the City of Richmond`� Indiana, this day of , 1954-, at G: r✓ o l clock �J . M. Attest: Mayor of Richmond, Indiana. City 6hrk