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• Agh
<br />egal Notice
<br />~YN O~DIDIVANCEVI; CENSING AN
<br />REGETLATING TFTE SALE AT ' PUE
<br />LZC AUCTION pF JEWELRY, DIA
<br />S7'O ES: W TCHES,~CLOCKSC P C
<br />TUR.~;S, PAINTINGS, BRIC-A-BRAC
<br />IF-RESSUCHCRIBING~A PENALTY AN]
<br />PROVIDING FQR AN EMERGENCS
<br />8E IT ORDAINED oy the Cit.
<br />Counetl of the City of Paris.
<br />ART. 1. LICEIVSE REQUIRED: ]
<br />shall hereaYter be unlawful for as
<br />Pereon to sell, dispose of or offer fo
<br />sals in the city of paris at a publi
<br />au4ti0a, or cauae or permit to be sold
<br />disposed of or offered for sale at j
<br />public auctian within the City o
<br />Paris, jewelry, diamonds, or othe:
<br />precious or semi-precious stones
<br />watches, clocke, gold, silverware ni
<br />plated ware, stationery, glassware
<br />gorcelam, bric-a-brac, or euch liki
<br />articles whether the same shall bf
<br />their own 'property or whether the
<br />sale of 'the same shall be by anc
<br />through agents or employees or oth-
<br />era, without first complying 'with the
<br />taining ag "cense l from Yhe City Secre•
<br />tary of the Gity of Paris, and making
<br />an application therefor as herein pro-
<br />vided; provided, however, that this
<br />article shall not apply to judicial sales
<br />or aales made by executors or admin-
<br />istrators, nor to sales made by or in
<br />behalf of licensed pawnbrokers of un-
<br />redeemed pledges, which are made in
<br />the manner provided by law.
<br />ART. 2. APPLICATION FOR LI-
<br />CENSE:-Any person desiring to hold
<br />an auction sale for the sale of goods
<br />hereinaboVe degcribed shall make ap-
<br />piication to the City Secretary as
<br />herein provided for and shall state :n
<br />the said application the period of day
<br />any auch person desired to hold the
<br />said auctlon sale and the said City
<br />Secretary shall issue to any such per-
<br />son a license upon complying with
<br />the terms of this ordinance for the
<br />period of time so designated; pro-
<br />vided, that no license shall be issued
<br />for a longer period than one year.
<br />ART. 3. FORM OF APPLICATION
<br />FOR LICENSE:-The application for
<br />the license shall be in writing and
<br />sworn tq,ystating the name of the ap-
<br />plicant, ls~s residence, the street and
<br />numtier of the proposed place of sale,
<br />the length of time for which the
<br />license is desired, and, if the applicant
<br />has been previously engaged in a like
<br />or similar business, shal] - designate
<br />the places where the sale was con-
<br />ducted and shall furnish the City Sec-,
<br />retary with such further evidence as
<br />shall be necessary and reasonable to
<br />establish the truth of the statements
<br />made in said application and the right
<br />of the appiicant to a license.
<br />1' CHED TOVEAPPL CAT~IONE F R
<br />LICENSE: EXTENSION OF LICENSE:
<br />-The application for a license shall
<br />iave attached to it a sworn inventory
<br />)f auch stock or merchandise setting
<br />sut the quality, quantity, kind or
<br />rade of each item and invoice cost
<br />hereof. To such inventory there shal]
<br />>e attached an affidavit that such in-
<br />rentory is in all respects true and '
<br />!orrect. In the case of an individual, ~
<br />uch affidavit shall be made by him '
<br />Ls auch; in the case of a firm, it shall
<br />oe made by one of the partners; and
<br />n case of a corporation, it shall be
<br />nade by the president, general mana-
<br />'er, aecretary, or treasurer. Such in-
<br />'entory and affidavit when so made
<br />hatl be kept on file in the office of
<br />he City Secretary as a part of the
<br />ublic records pertaining to the sale.
<br />fo merchandise shall be sold at such
<br />uction sale except that referred to
<br />nd included in the inventory made
<br />art of the application. Whenever any
<br />xtensiott of the license so granted
<br />ereunder ia granted to any person
<br />olding an auction, an application
<br />hall be made thereof as provided
<br />erein, which shall be granted by the
<br />ity Secretary; "provided, that shoutd
<br />appear, to the said City Secretary,
<br />•om the application so made, that
<br />°w or additional articles are added
<br />i the list of articles made by any
<br />ich person, then it shall be the duty
<br />: the said person to furnish an addi•
<br />onal bond in the amount as here-
<br />after described for the sale of the
<br />iditional articles, or as is required
<br />r sale of the oriqinal articles.
<br />ART. 5. BOND: Ali persons dealr-
<br />g a license shall, upon complying
<br />ith the application herein provided
<br />r, and before a licettse shall He is-
<br />ied to any such person, texider a
<br />md to the city of Paria duly exe-
<br />tted by the said applicant, as prin-
<br />pal, in the sum oi f3ve thousand
<br />alars, - which bond shall be made
<br />iYable to the city of Paris, at Paris, I
<br />ima! G4u11ty, Texas, and In compli-
<br />ice Witlr. the terma of this ordinance
<br />all be approved by the governing ~
<br />AdY of the City of 'Paris and shall
<br />conditioMed that the eaid principa] ~
<br />ereon shali pay glP iosses and dam-
<br />es which may lawflilly be claimed M
<br />3itlst him on account of any ma-
<br />'idl misrepresenta#ions aaP fact and
<br />liel or any rnat
<br />ueLiou~ed erial suD ression of
<br />:ta coneerniaxg the , pier~atidise to
<br />a at st~ ~1R. or which
<br />fa`oVV ocL~ :ot A' Eio~ ot any
<br />te~,t~s i'
<br />, a i~i . ce, 5uch
<br />~ ' ble ~o aav
<br />lr3~y ~ose or
<br />THE_ PARIS NEWS, FRIDAY, N#AY 2, 1947, Pa9e 9
<br />3 damage on accoun"t of euch misrepre
<br />sentation and shall cover all auctioi
<br />sales of inerchandise described in th~
<br />3 inventory made and required to b~
<br />filed with the City Secretary and an~
<br />~ such person sustaining any damsge oi
<br />~ loss may bring auit in any court o:
<br />~ campetent Jurisdiction to recover thi
<br />same and the provision of the saic
<br />' bond ahall be construed liberally, ir
<br />7 favor of any person on account of any
<br />lass or damage sustained by any auch
<br />t person either directly or indirectly
<br />~ All remedies upon or under such bond
<br />• shall be in addition to, and cumulative
<br />; of, all other remediea the partiea may
<br />have at law or in equity for recoup-
<br />ment of any such losses or damages.
<br />~ The bond ahall be signed by two or
<br />~ more suretiea, one of whom shall be
<br />a aurety company doing business in
<br />the State of Texas and the other ahall
<br />be a resident of Lamar CoUnty, Texas.
<br />Cumulative recoveries may be had on
<br />saict bond to the full amount thereof.
<br />ART. B, INSPEGTION OF STOCK:-
<br />The City Secretary may inspect and
<br />investigate any part or all of such
<br />stock or merchandise coming within
<br />the purview of this ordinance before
<br />issuing the license in order to deter-
<br />mine the truth of the atatements made
<br />in the appiication and the inventory.
<br />AAT. 7, LICENSE FEE:-Before any
<br />license ahall be iasued, the applicant
<br />shall pay to the City of paria a license
<br />fee in advance in the sum equal to
<br />one hundred dollars per day for each
<br />of the days during which the auction
<br />is entitled to be held according to
<br />the license.
<br />ART. 8. MISREPRESENTATION
<br />PROHIBITED:-It shall be unlawfu]
<br />for any persons acting aa auctioneer
<br />to make any statements which are
<br />false in any particular, or which have
<br />a tendency to mislead any person
<br />present, or to make any misrepresen-
<br />tation whatsoever or at all ae to the
<br />quality, quantity, character, present
<br />candition, value, costs or general sell-
<br />ing price, or whether new or second
<br />hand or partly so of any property
<br />offered for disposal by auction sale.
<br />ART. 9. BOOSTING PROFIIBITED:
<br />-It shall be unlawful for any person
<br />to act as a by-bidder or what is com-
<br />monly known as a"capper" or "boost-
<br />er" at any such auction or place
<br />where any such auction ahall take
<br />place, or to offer or make any false
<br />bid or to offer any false bid to buy
<br />or pretend to buy any such article
<br />sold or offered for sale at any such
<br />auction.
<br />ART 10. DESCR PTION AND DES-
<br />IGNATION OF BIDDER:-It shal] be
<br />the duty of the auctioneer to make
<br />some description of the person making
<br />a bid every time a bid is announced
<br />and also to point or to designate the
<br />position of the bidder on the premises.
<br />ART. il. INVOZCES:-It shall be the
<br />duty of the person whose merchandise
<br />is being sold at public auction to give
<br />each and every purchaser of any .
<br />article, the selling price of which :
<br />amounts to. the sum of two dollars
<br />and fifty cents or more, an invoice
<br />containing a full description of the
<br />I article, and the eelling price thereot,
<br />i" together with a statement giving each
<br />~ and every warranty under which the
<br />' afiticle waa sold. Duplicate copies of
<br />said invoices shall be kept.
<br />ART. 12. •'PEItSON" DEFINED:-
<br />The term "person" as used in this
<br />ordinance shall include and compre-
<br />hend an,y person, firm or association
<br />of persons or any corporation, their
<br />agents, aervants or employees.
<br />ART. 13. PENALTY, REVOCATION
<br />OF LiCENSE: RE-ISSUANCE: Any
<br />person violating any of the provisions
<br />of this ordinance shall, upon conv3c-
<br />tion in the corporation court, be fined
<br />in any sum not exceeding two hun-
<br />dred dollars, and each and every day
<br />that a vidlation of thia ordinance oc-
<br />curs shall be deemed a aeparate of-
<br />fense. In addition tb the penalty here-
<br />in provided, for; when any such per-
<br />son is convicted in the corporation
<br />court, or upon appeal therefrom, the
<br />judge of the sasd corporation court,
<br />or any judge upon appeal therefrom,
<br />may revoke the license under which
<br />the said 'auction is being held, and tt
<br />shall be unlawful for any person
<br />whose license is revoked to hold any
<br />auction under the terms of this or-
<br />dinance; provided, however, that any
<br />person whose license is revoked may
<br />make application to the governing
<br />body and, after a hearing upon auch
<br />application far a re-issuance of any
<br />such license, may have a new license
<br />granted upon the order of the gov-
<br />erning body to the City Secretary,
<br />provided such person shall comply
<br />with the term$ and yrovisions of this
<br />ordinance.
<br />ART. 14. PARTIAL INVALIDITY:
<br />Should any portion or part of this
<br />ordinance be held for any reason in-
<br />valid or unenforceable, the same shall
<br />not be construed to affect any other
<br />valid portion hereof, but all valid por•
<br />tions hereof shall remain in full forca
<br />and effect.
<br />ART. 15. EMERGENCY:-Whereas,
<br />on account of promiscuous auction
<br />sales made by traveling auctioneers.
<br />as wel] as on account of the many
<br />acts of fraud, extortion and oppression
<br />growing out of misrepresentations and
<br />deceit practiced at auction sales on
<br />the public by unregulated auctioneers
<br />engaged in the selling of goods above
<br />described, there is created an urgency
<br />and emergency in behalf of the pres.
<br />ervation of the public peace, health
<br />and safety and requires this ordinance
<br />to become effective upon its passage
<br />and publication. It is accordingly so
<br />ordained that this ordinance shall be-
<br />20me effective immediately upon its
<br />oassage and publication as required
<br />by law, and the rules and charter
<br />^egulations tequiring that an ordinance
<br />:)e read upon three several occasions
<br />:,e and the same are hereby sus-
<br />)ended.
<br />PASSED AND APpgOVED this 14th
<br />!ay of April, 1947.
<br />lyes 4
<br />layes 1
<br />' jewalrYi
<br />TIPdG ; , BUC-aa-BaAC $
<br />J1i ELa[:KL.Griv4i 1,
<br />t person to se11,
<br />(,QY7,, Ur C&UQf3 Or
<br />;iOri WitYiiTl tt3e Ci.ty
<br />)nes, watahes, cA].acks,
<br />bric-a-brac., or such
<br />aer the sale of the
<br />
<br />b f 3.Y`s'~ ~lying Ntit~°I
<br />;ity Secretary of the
<br />sd; prov3,dedy however,
<br />by emscutora or ad-
<br />Dkers of unredeemed
<br />auction sa1e for the
<br />City Seeret,gry as
<br />riod of day any such
<br />r6tary 8lia7.]. issu6 to
<br />dinataca f ar `the period
<br />or a longer pnrioci
<br />t ]iCe Z18@ 8t18ll b@ 1.71
<br />tence,, the street and
<br />r the license is de-
<br />3 Ol 81milc3Z' bU57.T2638$
<br />furnish fi,he City
<br />tsonsble ta establish
<br />; of tYlE: aX) )1.iC3rit t0 ti
<br />T. A. BINNION,
<br />Ma,yor of the City of Paris.
<br />Attest: H. B. Crow, City Secretar,y.
<br />
<br />iRY TG B:::~ ATTalCIiED ''C} ~'+,LICA`°IC~I~a I^C}I'~ L7~~'dSEs ~CI':`;~IS~~~ 0F LTCEI~,~~;s
<br />I..i
<br />i fox a license ahal1. have atf;ached to it asworn inventory of such stoak
<br />sett,ink aut the quality., qu.antityq kind or grade of each 3.tem and in-
<br />,eof. Ta such i.nventory there sYia11. 1ae attached an af'fidavit that such
<br />i a11 respects true and ccarrect. In the case of an incii.vidua].., sxch af-
<br />ie made by him as su.eiz; in the case of a firra., it aha11 be made by ane of
<br />tnd in case af a corparation., it shall be made by the president p general
<br />~ o
<br />ArYs or treasus°er. Such ic3ventory arza affidavit when so made sha11 be
<br />i the affice of the Citv Secretary as a part of the public records per-
<br />aale. t3o merciiandise shal7. be so1d at auch auct3.on sale ~cept that re-
<br />~9
<br />neluded. ~.n the ir~ventary .~sade p~art of the a~aplica~tion. Y~fieneve~r any eu~-
<br />'.n
<br />1icenste so granted hereunder is granted to any persan hol.ding an auation,
<br />sh,a11, be made thereof as prov3.ded herein.. which $ha11 be granted by the
<br />, provided., that should it appear to the sa3.d Uity SSearetaryi f rom the
<br />made, that rie~v ar adc~.tional articles are added to ttie list of articles
<br />4U
<br />;h person, tYen it shal.l be the duty of the s aid person to furniah an
<br />! 3n the amount as hareinaf'ter described for the sale of the additiorial
<br />a is xequired for the sale of the original artiidles.
<br />-ALl persans desirizig a license ahall., uPon eomPlYi.ng ivith the applica-
<br />)v3.dSC} far, and b+efore a],3.cense aha11 be iasued to any auch peraon, tender
<br />sity of Pax°ie duly eacecuted by the said applicant, as prinl4pal, in the
<br />)usar.d dollars, ihich band shall be made payable to the city of Pari.e, at
<br />runty, '1"exasy and :f..n ccuApiiance with the terms of this ordinance shall bg
<br />a governing bodj- of the Cit;;r of Paris arid sha7.1 be cnnditianed that tfie
<br />therean shall pa,v a11 losses and damagBs which may lawfully be ala3m$d
<br />
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