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HomeMy Public PortalAboutOrd. 0562. .~ ORDINANCE N0, 562 AN ORDINANCE REGULATIDTG SALES OF JEtVELRY AT PUBLIC AUCTION AND CLOSING OUT SALES IN THE CITY OF LYNWOOD. The C3:t y. Council of the City of Lymaood does ordain as follows: Section 1: The following words and phrases when used in this ordinance shall. have the meaning hereinafter specified, unless a different meaning clearly appea,-rs from the context. (a) "Jewelry" shall include platinum, gold, silver, plated ware, precious stones, semi-precious stones, watches, clocks and other articles of Jewelry. (b) "Auction", "public auction" and "auction sale" shall mean and include a sale or offering for sale of any ,jewelry as hereina.bove def- ined to the highest bidder in any building, or in or on any street or alley, private premises, or in any other place, where any and all pers- ons who choose are permitted to attend and offer bids. Section 2: It shall be unlawful for any person, firm or corporation to sell, offer for sale or advertise for sale at public auction in the City of Lynwood any ,jewelry as hereinabove defined. _Provided, however, that any person, firm or corporation who has been engaged in the business of selling such ,jewelry at retail in the City of Lynwood continuously for a period of not leas than one ,year, may ,obtain a permit as hereinafter provided, to conduct a public auction of such articles for the purpose of disposing of his stock on hand and of closing out hie business. Any.auch person, firm or corporation so ob- taining such permit shall be subject to all the regulations and restric- tions contained in this ordinance. Section 3: The applicant for a permit to conduct a public auction of ,jewelry shall make application therefor not less than thirty days previous to the intended auction to the City Clerk of the City of Lynwood, and at the time of such application shall pay a minimum filing fee of Twenty-five Dollars (($25,00) provided, that if the net inventory exceeds the sum of Five Thousand Dollars (~'S,000.00) then, in that event, the fee shall be Ttaenty-five Dollars 025,00) plus FitTe Dollars (.x$5,00) for each One Thousand Dollars 0$1,000.00) or fraction thereof of net inventory exceeding Five Thousand Dollars 05,000.00), Such application shall be in writing on forms provided by the City Clerk and under oath, showing all the facts in regard to the closing out of applicant's business, and showing all the facts in regard to conducting the sale at public auction and the place of conducting the same, includ- ing an inventory of the goods, wares and merchandise to be sold at said proposed sale, the quality, quantity and grade of each item, the whole- sale value thereof, and a statement of the names of the persons from whom the .jewelry so to be sold were obtained, the date of the delivery of such jewelry to the person applying for the permit, and the place from which such jewelry was last taken and all details necessary to fully identify the jewelry, together with such other information as may be required by the City Clerk, Such application shall specify the proposed period of time over which such proposed salsa at public auction shall continue, which period shall not exceed_ thirty days, Sundays and legal holidays excluded. Provided, that if it shall be made to appear upon sworn application to the City Clerk at any time during said period of thirty days, that all the jewelry described and inventoried in the original application has not been sold, accompanied by a statement or inventory of what remains thereof, a permit supplemental to that provided for may be issued by said City Clerk upon the same terms and conditions as said original permit, granting authority to continue such sale for a further period of thirty days. Upon receipt of such application, the City Clerk shall refer the same to the Chief of Police for investigation and report. After receipt of the report of the Chief of Police, if the City Clerk shall be satisfied that applicant and the person who is to conduct said proposed auction sale are of good moral character, that - 2 - the ~et~relry proposed to be cold at public auction is a bona fide part of applicant's stock in trade and not secured, purchased or brought into his place of business for or in anticipation of said proposed sale, that neither applicant nor any of its officers, directors or members have violated this ordinance, and that the advertising and conducting of such sale will not be injurious to the peace, health, safety or welfare of the people of the City of Lynwood, he may issue a revocable permit to the person, firm or corporation applying for the same to advertise and conduct a sale at public auction, upon the appli- cant's filing the bond hereinafter provided for. The making of any abnormal purchase by the applicant within a period of six months prior to the application for a permit under this ordinance shall prima facie be deemed made for the purpose of disposing of the same at such proposed public auction and shall be dust cause for denial of the permit. The City Clerk in considering the application and the attending facts shall exercise a reasonable and sound d.iacretion in granting or denying tYie permit applied for. Section ~: No such permit shall be granted until the ,applicant shall have filed with the City Clerk a surety bond in the sum of Two Thousand Five Hundred Dollars (2,500.00), conditioned for the faithful performance of all the provisions of this ordinance and all other applicable ordinances of the City of Lynwood and laws of the State of California pertaining to auctions and_ closing-out sales, and shall also indemnify any purchaser at said public auction who suffers any lose by reason of any misrepresentations or deception made or practiced by applicant, his agents, servants or employees, either at the time of making said sale or through any advertisement of any char- acter whatsoever printed or circulated by the principal, his agents, servants or employees. Such bond shall contain the further brovisions that it inures to the benefits of any and a.ll persons who may be damaged by reason of any failure on the part of the person or persona named there- in to comply with the provisions of said bond, and that any person or - 3 - persons so damaged may maintain an action thereon against the person or persons named in said bond, and the surety or sureties upon said bond, and that said bond may be sued and recovered upon in several actions until the whole penalty is exhausted. Section 5: Vrhenever the City Clerk finds that the holder of a permit hereunder has violated any of the conditions or provisions of this ordinance, or any other ordinance or law pertain- ing to his operations, or that the permit was obtained by misrepresen- tations, that he has failed to maintain the bond ,required by this ordi- nance, or that said auction is being conducted in a. manner which will be injurious to the peace, health, safety or welfare of the people of the City of Lynwood, he may revoke said permit upon giving the holder thereof forty-eight hours previous notice in writing by personal ser- vice upon him or upon the auctioneer conducting said auction, or by mail addressed to him at hie place of business in the City of Lynwood or the place where said auction is being conducted. a.a shown on his application. It shall be unlawful for any person, firm or corporation to conduct an auction sale as herein defined after his permit to do so shall have been revoked. Section 6: Should any applicant or applicants be dis- satisfied with the action of the City Clerk not to grant a permit or for the revocation of a permit, then said applicant may make written obJection to the Council of the City of Lynwood setting up the grounds of dissatisfaction. Upon the receipt of such objection, the Council shall set the matter for hearing at.its next regular meeting giving written notice thereof to the applicant. Upon such hearing the City Council may sustain, suspend or overrule the decision of the City Clerk and its decision shall be final and conclusive. Pending the hearing before the Council, the decision of the City Clerk ehall remain in full force and effect and any reversal thereof by the City Council shall not be retroactive but shall take effect a.s of the date of the Council's decision. - ~ - Section 7: It shall be unlawful for the holder of a permit hereunder or for his agents, servants or employees to sell or offer for sale at auction any jewelry to which there is not attached. a card or label containing a true and correct statement plainly writ- ten or printed in the English language specifying the kind and quality of metal of which such article is made or composed., or the percentage of karat or purity of ouch raetals. If such articles are plated or overlain, then such tag or label shall contain a true statement of the kind of plate. When precious atones are sold or offered for sale at auction, as sueh_or as part of an article of jewelry, such statement aha.ll set forth the true name of said stones. When imitations of precious or semi-precious stones are offered for sale or sold at auc- tion, as such or as part of an article of jewelry, said imitations shall be described or defined as synthetic or imitations of such atones as they purport to represent. When watches or clocks are sold or of- fered for sale at public auction the true names of the manufacturers shall be stated in writing a.nd no parts of the movements or mecha- nism thereof shall be substituted or contain false or 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 m*atches shall be ao indicated. Such card, tag or label shall remain securely attached to any such article of 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 or representation of such article sold. Section 8: No article of jewelry shall be sold or offered for sale or advertised for sale at public auction which is an addition to the stock on hand of the holder of a. permit hereunder or which is not included in the inventory filed with the City Clerk with the application for a permit hereunder. Section 9: It shall be unlawful for any permittee, his agents, servants, or employees to make any statements which are false in any particular, or orhich have a tendency to mislead, or to make any - 5 - misrepresentations whatsoever with reference to any article of jewelry sold or offered for sale at public auction. Section 10: It shall be unlawful for any auctioneer or for any person, firm or corporation conducting a sale of jewelry at public auction to use any person as a false bidder for the purpose of increasing the price of any article offered for sale at such auction. It shall be unla,*rtful for a.ny person to make or offer a false bid or any other than a bona fide bid at a public auction or to act a.s a by-bidder or what is commonly known as a "capper", "booster" or °shiller" at any auction, or falsely to pretend to buy any jewelry at an auction sale. Section 11: (a) It shall be unlawful for any auctioneer, person, firm or corporation conducting an auction sale, or its agents, servants or employees to ring a bell or cause or permit the same to be rung in or about the front of the premises, or in any place on or near said premises where the same may be heard on the public street or side- walk in front of said premises where there is conducted an auction sale, before, after or during such sale for the purpose of attracting the publlc to such auction sale. (b) It shall be unlawful for any auctioneer, person, firm or any corporation conducting an auction sale, or its agents, servants or employees, to use a searchlight or similar light or to solicit or permit the soliciting by music, singing or loud or unusual noises to be made or done for the purpose of attracting the publlc to an auction sale. Section 12: It shall be unlawful for any person, firm or corporation to conduct or allow, permit or suffer to be conducted, any auction sale between the hours of 6:00 P. M, of any day and 8:00 A, M., of the following day. Section 13: Nothing in this ordinance contained shall apply to any public officer or officer of any court, who in pursuance of his duty as such officer, shall conduct within the City of Lynwood an auction sale pursuant to any law of the State of California or of the United States of America, or the lawful order of any court, nor to - 6 - .. , the sale or offering for sale of unredeemed pledges or chattels in the manner provided by law, by pawnbrokers, loan companies or others, the sale or offering for sale for the purpose of satisfying a lien, or any other sale or offering for sale at auction where the same is specifi- cally authorized or provided by law. .Section 14: Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor a.nd_ upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars (*p500.00) or imprisonment in the City Jail of the City of Lynwood or the County Jail of Los Angeles County, State of California, fo-r a period of time not to exceed six months, or by both such fine and imprisonment. .Section 15: The City Clerk shall certify to the adop- tion of this ordinance and shall cause the same to be published once in the Lynwood Press, a weekly newspaper published, printed, and circu- lated in the City of Lynwood, California. . First read at a regular meeting of the City Council of said City held on the 20th day of March 1951, and finally adopted_ and ordered published at a regular meeting of said Council held on the 3rd day of April 1951, by the follooring vote: AYES COUNCILMEN: Bruner Daetweiler Sneddon Stroh Willard. NOES COUNCILMEN: None. ABSENT COUNCILMEN: None. ATTEST: , CITY C 1'RK, CI F LYNta00D •- i APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELESo ss, CITY OF LYNWOOD ) I, the undersigned, City Clerk of the City of Lynwood, and ex®officio clerk of the Counoil of said City, do hereby certify that the above is a true and correct copy of Ordinance No, 56? adopted by the City Council of the City of Lynwood and that same was passed on the date and by the vote therein stated. Dated this 5th day of April , 19 51. C ~,RK OF TH~ _ OF L NW00