Loading...
Ord 548 12/8/1924 -S I r' ORDI ANC 110. 646. c r r � � S� ALE AT AN ORDINANC A11 ) T ,GULA. NG m�I1 PUBLIC AUC`_L'TON Jewelry, diamonds, or other precious dr semi-precious' stones, watches , clocks, gold or silver ware or plated ware , porcel iin, bric-a-brac , oriental or domestic rugs, limps, screens , articles o:t' furniture , sills g,a.rments, furs, hand.-bags , trunks , or such like articles and. prescribing a penalty and providing for an emergency. 'fIHEREAS on a,ccaurit of .the generalcoiirnlaint which ff J has grown out c)f the pract-1-ce-3 of unregulated auctions and auctioneers of the hereinafter de, Bribed bind and character of goods and the great arnovnt of imposition made upon. the �- public b�,,ij� misrepreser1tation and practices of deceit and fraaud growing ,oizt of unregulated and irrest�onsible auctioneers and advisable b the Board of Aldermen to auctions it is deemed y to ,Beare pass suitable re g -ilations governing the same ,o honesty and lair dealing, and avoid such evil practices that have grown up on account of the want of proper regulations now , therefore, z E IT IN}, ORDAD b,, the Board of Aldermen of the City 1 of Wichita Falls: SEICTION 1. `That it shall hereafter be unlavvfu1 for � any pcl son, firm or corporation to_ sell, dis �.� ooe of or offer for sale in_t.h.e._C.,iu_.��°__, -�_..y�.�_ -._ or domestic rags, lamps* screens, articles of , or i antal arment e, furs hand-1 Sgs, trunks. , - furniture gills g �per-ty or whether the tine mairie shall be by and through agents or employees or others , without first complying with the provisions of this Ordinance and obtaining a license from the City Clerk of the City of Wichita Falls, and making an application therefor as herein provided, provided, however. , that this Section shall not apply to judicial sales or sales made by executors or administrators, nor to sales made by or in behalf of licensed pawn-brolrers of unredeemed pledges, which are made in the manner provided by law. SECTION 2. That any person desiring to hold an auction sale for the sale of the goods hereinabove described shall .make application to the City Clerk as herein provided for and shall state in the saiiie application the period of days any such person desires to hold the said auction sale and the said City Clerk shall issue to any such person a license upon complying with the terms of this Ordinance for the period of time so designated, provided, that no license shall be issued for a longer period than one year. SECTION 3. Said application for the license shall be in writing and sworn to , 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, and if the applicant has been previously engaged in a like or similar business, to designate the places where the sale was conducted and shall furnish the City Clerk with such further evidence as shall be necessary and reasonable to establish the truth of the statements made in said application and the right of the applicant to a license . 1- S Said a-p lication for a license shall have ��.CTI CT�� 4: �' attached to it a sworn inventory of such stock or merchandise setting cut the quality, quantity, ?�ind or grade of each item and invoice cost thereof. To such inventory there shall be attached an affidavit that such inventory is in all respects true and correct. In the case of an individual, such affidavit :hall be iiade by him as such; in the case of a firm, it shall be made by one of the partners, and in the case of a corpora- tion, it shall be made by the President , General ; ° nager , Secretary or Treasurer. Such inventory and affidavit When so made shall be kept on file in the office of the City Clerk as a part of the public records pertaining to the sale . Y0 merchandise shall be sold at such auction sale excei)t that referred t c and included in the inventory iiade part of the a,plicatioll. That Whenever any extension of the license so granted hereunder is grantied to any -r�ersen holding an auction an application shall be made therefor as provided herein, which shall be granted by the City Clerk, provided, that should it appear to the said City Clerk from the application so made, that new or additional articles are added to the list of articles made by any couch person, then it shall be the duty of the said person to furnish an additional bond in the amount as hereinabove described for the sale of the additional articles, or as is required for the sale of the original articles. SECTION 5: That all persons desiring a license shall, upon complying With the application herein provided for , and before a license shall be issued to any stch per son shall tender a bond to the Lity of ",'ichita, Falls duly executed by the said applicant , as principal , in the sum of One Thousand ollars , ti^rhich bond shall be made payable to the City of s'.Tichita Falls at ':'Tichita Falls, `d":Iichita County, 'Texas , and When in corlpliance with the terms of this Ordinance shall be approved by the i;:ayor of the City of Wichita Falls, and shall be conditioned that the said principal thereon shall pay all losses and damages which may lavrfully bo, claimed against him on account of any material misrepresentations of :tact and belief or any ateriai :oppression et' facts concerning the merchandise to be auctioned at si:ch sale , or Which may grow out of a violation of any of the terms of this Ordinance. Such bond shall be made amenable to any person who imay sustain any loss or damage on account of any such r:isrepresen_tt.tion and shall cover all auction :ales of merchandise described in the inventory made and required to be filed v,,ith the City Clerk, a.n(, any such person sustaining any damage or loss rcray bring suit in any Court of corpetent jurisdiction tc recover the same and the provisions of the said bond shall be construed liberally in favor of any such person on account of any loss or damage sustained by any such person either directly or indirectly. All remedies upon or under such bond shall be in addition to any cumulative of all other remedies the parties may have at law or in equity for of any such losses or damagew'. The bond shall be signed b-, two or :::ore sureties, one of whom shall be a surety compan;;T doing business ir._ the State of Texas , aZ d t'hi.e other shall be a resident of ', ichita County, Texas . Cumulative recoveries may be had on said bond to the full amount thereof. SECTION 6: That the City Clerk may inspect and investigate any part or all of such stock or merchandise coming within the purview of this Ordinance before issuing the license in order to determine the truth of the statements made in the application and the inventory. SECTI0N 7: That before any license shall be i°::sued the applicant shall pay to the City of 'tiichita Falls a license fee in advance in the sum equal to $5.00 per day for each of the days 2r during which the auction. is entitled tc be held according to the license. SECTION 8: It shall be unlawful for any person acting as auctioneer to make any statements which are false in me particular , or which have a tendency to mislead any person present, or to make any r:isrepresentation whatsoever, or at all as to the quality or quantity, character or present condition, or value , or cost, or general selling price, or whether new or second-hand, or partly so , of any property offered for disposal by auction sale . SECTION 9: It shall -be unlawful for any persontoact as by-bidder or what is commonl; known as a ,capper" o "booster" at any smch auction or place where any such auction shall take place, or to offer or make any false bid or to offer any false bid to buy or pretend to buy any such article sold or offered for sale at any such auction. SECTION 10: It shall be the duty of the person, firm or corporation whose merchandise is thus being sold at public auction to give each and every purchaser of an article the se11- ing price of which amounts to the sum of '. 2.00 or more , an invoice, containing a full description of the article , the sell- ing price thereof, together with a statement giveing each and every warranty under which the article was sold. Duplicate copies of said invoice shall be kept. SECTION 11: That the term "person" as used herein shall include and comprehend any person, firm, or association of persons or any corporation, their agents , servants or employees. SECTION 12: That any person, firm, association of persons, or any corporation, their agents , servants , or employees, violating any of the provisions of this Ordinance ;.hall, upon conviction in the Corporation Court, be fined in any sum not exceeding Two liundr ed ($200.00) Dollars , and each and every day that a violation of this Ordinance occurs shall be deemed a separate offense . That in addition to the penalty herein provided for any such person convicted in the Corporation Ccurt, or upon appeal thereof, the Judge of the said Corporation Court, or any Judge upon appeal thereof may revoke the license under which the said auction is being held and it shall thereafter be unlawful for any person whose license is revoked to hold any auction under the terms of this Ordinance provided, however, that any person try-nose license is revoked, may make application to the 1:ayor and Board of Aldernien, and after a hearing upon such application for a re-issuance of any such license and may have a new license granted any such person upon the order of the Layor and Board of Aldermen to the City Clerk provided, that any such person whose license is revoked shall cor.ply with the terms and provisions of this Ordinance. SECTION 13: That should any portion or part of this Ordinance be held for any reason invalid or unenforceable , the same shall not be construed to affect any other valid portion thereof , but all valid portions shall rer:iain in full force and effect. SECTIO1�T 14: "�HERF��S , on account of the promiscuous auction sales ude bytrwve _g autioneers, as well as on account of the rang acts Of e to±tion and oppression growing out of misrepresenta- Lions and deceits practised on the public by unregulated auction- eers engaged in the sale of the articles hereinabove described, creates an urgency and an emergency in behalf of the preservation of the public peace, health and safety that requires this Crdinance 3- (. to beco.le effective upon its passage and it is accordingly so ordained that this Ordinance shall become effective immediately upon its passage as in the charter in such cases is rude and provided. PASSED AND APPROVED this day of November, A. D. 1924. CITY 01W, WICHITA FAILS , By its �Llayor. n ATTEST: City Clergy:. APPPOVED A.S mn 2np,'. City A torney. 4--