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Ord 1672 12/14/1953 ORDINANCE NO. 1' AN ORDINANCE LICENSING AUCTIONEERS, PROVIDING FOR AN APPLICATION FOR SUCH LICENSE, ITS ISSUANCE AND DURATION; SUCH'�QUIRING A SWORN INVENT UOIFdD TD THE INFORMATION TO BE SHOWN THEREIN, REQUIRING BE AUCTIONED AND PERMITTING CttLY SUCH (RODS AS ARE INCLUDED IN THE INVENTORY TO BE SOLD; PROVIDING FOR A LICENSE FEE; P1OVIDING FOR A RIGHT OF APPEAL WHERE APPLICATION RIR LICENSE IS REFUSED; PROVIDING FOR A BIND IN THE AMOUNT OF ONE TdOUSAND DOLLARS ($1,000) TO BE REQUIRED OF ALL APPLICANTS FOR LICENSE SETTING FORTH CONDITIONS OF BIND; PROHIBITING MISREPRESENTATION IN CONNECTION WITH SALES AND "CAPPERS," "BOOSTERS" AND "BY-BIDDERS"; REQUIRING INVOICE TO BE GIVEN WITH EACH SALE OF EACH INDIVIDUAL ARTICLE; REQUIRING COPIES OF THE SAME TO BE KEPT; PROHIBITING SALES ON VACANT LOTS, STREETS, SIDEWALKS, ALLEYS OR OTHER PUBLIC PLACES; PROHIBITING SALES HETI/EEN 10:00 P.M. AND 10:00 A.M. OF ANY DAY AND PROVIDING A PENALTY FUR THE VIOLATION HEREOF. BE IT ORDAINED HY THE HARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. Compliance with ordinance and License R uired. It shall be unlawful for any person to sell, dispose for offer fors a in the city at public auction, jewelry, diamonds or other precious or semiprecious stones, watches, clocks, pictures, paintings, gold or silver ware or plated ware, rugs, carpets, trunks, suitcases, satchels, curios, bedspreads, tablecloths, table covers, napkins, doilies, stationery, glas a r the Bare re, porcelain bric-a-brac,- ce wheter the same shall be his own property or shall be made by or through him as agent or employee of the owner thereof, or in any capacity, without first complying with the provisions of this ordi- nance and obtaining and having a license issued by the assessor and collector of taxes of the city. SECTION 2. Application for license; issuance; duration. Any person desiring to hold an auction sale or sales for the purpose of the sale of any of the goods described in Section 1 of this ordinance, shall make application to the assessor and collector of taxes of the city as herein provided, for a license therefor. The assessor and collector of taxes shall issue to such person a license upon his complying with the terms of this ordinance, such license to be made for a period of time to be designated therein; provided, that no license shall be issued for a longer period than one year from date thereof. SECTION 3. Applications to be made under oath, information to be shown. Applications for a license under the provisions of this ordinance shall bFn writing, signed and sworn to before a notary public of Wichita County, stating the name of the applicant, his residence, the street and number of the proposed place of sale, the length of time for which the license is desired, whether the applicant was previously engaged in a like or similar business, designating the place where such business was conducted and the length of time conducted. SECTION 4. Sworn inventory of goods to be auctioned; only goods included in inventory to be sold. EaM application for a license under the provisions of this ordnance shall have attached to it a sworn inventory, of such goods to be auctioned, describing the number, kind and character thereof; provided however, that where auction sales are to be regularly held, then such inventory shall be filed each calendar month listing the merchandise to be auctioned during that month. In the case of an individual, an affidavit under this ordinance shall be made by him as such; in the case of a firm, it dzall be made by one of the partners; in the case of a corporation, it shall be made by the president, general manager, secretary or treasurer. No goods mentioned in Section 1 of this ordinance shall be sold at such auction sales except those referred to and included in such inventory. SECTION 5. License fee. Before any license shall be issued under the provisions of this ord�.nance, the applicant shall pay to the city a license fee of five dollars. SECTION 6. Right of appeal where application for license refused. In event the application Tor a license provided for in Section 2 of this ordinance is refused by the assessor and collector of taxes, the applicant shall have the right to appeal to the city council of the city. SECTION 7. Bond required; aamoouunt? conditions, etc. Any person desiring a license under the provisions of this ordinance shall, in addition to complying with the provisions of the ordinance and before a license shall be issued, furnish a bond to the city duly executed by such applicant as principal in the sum of one thousand dollars, which bond shall be payable to the city. Such bond shall be approved by the assessor and collector of taxes of the city, and conditioned that the principal Mall pay all losses and damages which may be lawfully adjudged against him on account of any material misrepresentation of fact or any material suppression of fact concerning the goods to be auctioned at any such sales or auction, or which may grow out of a violation of any of the provisions of this ordinance. Such bond shall inure to the benefit of any and all persons who sustain any loss or damage on account of any such misrepresentation or violation of this ordinance. Any such person sustaining any such loss or damage may bring suit in any court of competent jurisdiction in Wichita County to recover the same, and the provisions of such bond shall be construed liberally in favor of all such persons sustaining such loss or damage. All remedies upon or under such bonds herein provided shall be in addition to and cumulative of all other remedies the parties may have at law or in equity for recovery for any such loss or damage. The bond shall be executed by two or more good and solvent sureties, or by some solvent surety company having a permit to do business in the state. Cumulative recoveries may be had on such bonds to the full amount thereof. SECTION 8. Misrepresentation in connection with sales. It shall be unlawful for any person acting as auctioneer to make siViragilal misrepresentation of fact or any material suppression of fact concerning the goods to be auctioned at any sale under the provisions of this ordinance or any other material misrepre- sentation of fact whatsoever as to the quality, quantity, character, present condition, value, or general selling price of any goods within the purview of this ordinance offered for disposal by auction sale or sold at auction sale. SECTION 9. "C ere" and "Boosters" prohibited. It shall be unlawful for a n y person t o act as a - A m.where �atnunderrther "booster" at any auction or place any auction shall take place provisions of this ordinance, or sfsra bids offer bid to buy or pretend to buy any 000ffer old ooffered for sale to any such auction. SECTION 10. Invoice, containing description and sellin price oe qty article to be given purchaser; duplicate copy to be dept. s ri of the person whose goods are being sold at pu'Clie auction under the provisions of this ordinance to give each and every purchaser of an article, the selling price of which amounts to the sum of ten dollars exclusive of taxes or more, an invoice containing a full description of the article and the selling price A duplicate copy of such invoice shall be kept. SECTION 11. Sales on vacant lots, street, etc., prohibited. No auction sale shall be held or conduct eac on any public or vacanl.ot, public street, public sidewalk, public alley, public square or public park in the city. SECTION 12. Sales prohibited between 10:00 P.M. and 10:00 A.M. No auction sale, for the purpose of selling any of the goodragiciaTedlicliorrof this ordinance, shall be held or conducted between the hours of 10:00 P.M. on one day and 10:00 A.M. on the following day. - 2 - SECTION 13. Ordinance not applicable to judicial sales, etc. This ordinance shall not apply to judicial sales, or saes made by executors or administrators, or to sales by trustees, mortgages or assignees under the terms of any instrument given to secure a bona-fide indebtedness under which he exercises the power of sale, or to sales made by or in behalf of licensed pawnbrokers of unredeemed pledges, or to sales of unclaimed freight or express as provided by law, or to sales by sheriffs, constables or other officers as provided by law, or to any other particular kind of auction sale expressly authorized by laws of the state or by the laws of the United States. SECTION 14. Penalty. Any person violating or failing to comply fine of with any of the provisions of this ordinance�s�s•be�a��� constitute not less than ten or more than two hundred a separate offense. sil PASSED AND APPROVED THIS /9( day o ,,i ' 4/ A. D., 1953. IL . _. Jaw ,. �/ Mayor City Clerk - 3 - • i DeCsz er 16, 1953 limns ,Publishing Co. Wichita Falls, Texas Gentle * Please publish the enclosed Ordinance No. 1672, in the Wichita Falls Record Mews, one issue, on Thurs. Dec. 17th. Please furnish this office with Certificate of Publication, together with copy of such publication. Yours truly, Geo. T. Henderson, City Clerk 1