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1152 ORD LICENSING AND REGULATING SALE AT PUBLIC AUCTION OF JEWELRY, ETC PRESCRIBING PENALTY FOR AN EMERGENCY• Agh egal Notice ~YN O~DIDIVANCEVI; CENSING AN REGETLATING TFTE SALE AT ' PUE LZC AUCTION pF JEWELRY, DIA S7'O ES: W TCHES,~CLOCKSC P C TUR.~;S, PAINTINGS, BRIC-A-BRAC IF-RESSUCHCRIBING~A PENALTY AN] PROVIDING FQR AN EMERGENCS 8E IT ORDAINED oy the Cit. Counetl of the City of Paris. ART. 1. LICEIVSE REQUIRED: ] shall hereaYter be unlawful for as Pereon to sell, dispose of or offer fo sals in the city of paris at a publi au4ti0a, or cauae or permit to be sold disposed of or offered for sale at j public auctian within the City o Paris, jewelry, diamonds, or othe: precious or semi-precious stones watches, clocke, gold, silverware ni plated ware, stationery, glassware gorcelam, bric-a-brac, or euch liki articles whether the same shall bf their own 'property or whether the sale of 'the same shall be by anc through agents or employees or oth- era, without first complying 'with the taining ag "cense l from Yhe City Secre• tary of the Gity of Paris, and making an application therefor as herein pro- vided; provided, however, that this article shall not apply to judicial sales or aales made by executors or admin- istrators, nor to sales made by or in behalf of licensed pawnbrokers of un- redeemed pledges, which are made in the manner provided by law. ART. 2. APPLICATION FOR LI- CENSE:-Any person desiring to hold an auction sale for the sale of goods hereinaboVe degcribed shall make ap- piication to the City Secretary as herein provided for and shall state :n the said application the period of day any auch person desired to hold the said auctlon sale and the said City Secretary shall issue to any such per- son a license upon complying with the terms of this ordinance for the period of time so designated; pro- vided, that no license shall be issued for a longer period than one year. ART. 3. FORM OF APPLICATION FOR LICENSE:-The application for the license shall be in writing and sworn tq,ystating the name of the ap- plicant, ls~s residence, the street and numtier 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, shal] - designate the places where the sale was con- ducted and shall furnish the City Sec-, retary 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 appiicant to a license. 1' CHED TOVEAPPL CAT~IONE F R LICENSE: EXTENSION OF LICENSE: -The application for a license shall iave attached to it a sworn inventory )f auch stock or merchandise setting sut the quality, quantity, kind or rade of each item and invoice cost hereof. To such inventory there shal] >e attached an affidavit that such in- rentory is in all respects true and ' !orrect. In the case of an individual, ~ uch affidavit shall be made by him ' Ls auch; in the case of a firm, it shall oe made by one of the partners; and n case of a corporation, it shall be nade by the president, general mana- 'er, aecretary, or treasurer. Such in- 'entory and affidavit when so made hatl be kept on file in the office of he City Secretary as a part of the ublic records pertaining to the sale. fo merchandise shall be sold at such uction sale except that referred to nd included in the inventory made art of the application. Whenever any xtensiott of the license so granted ereunder ia granted to any person olding an auction, an application hall be made thereof as provided erein, which shall be granted by the ity Secretary; "provided, that shoutd appear, to the said City Secretary, •om the application so made, that °w or additional articles are added i the list of articles made by any ich person, then it shall be the duty : the said person to furnish an addi• onal bond in the amount as here- after described for the sale of the iditional articles, or as is required r sale of the oriqinal articles. ART. 5. BOND: Ali persons dealr- g a license shall, upon complying ith the application herein provided r, and before a licettse shall He is- ied to any such person, texider a md to the city of Paria duly exe- tted by the said applicant, as prin- pal, in the sum oi f3ve thousand alars, - which bond shall be made iYable to the city of Paris, at Paris, I ima! G4u11ty, Texas, and In compli- ice Witlr. the terma of this ordinance all be approved by the governing ~ AdY of the City of 'Paris and shall conditioMed that the eaid principa] ~ ereon shali pay glP iosses and dam- es which may lawflilly be claimed M 3itlst him on account of any ma- 'idl misrepresenta#ions aaP fact and liel or any rnat ueLiou~ed erial suD ression of :ta coneerniaxg the , pier~atidise to a at st~ ~1R. or which fa`oVV ocL~ :ot A' Eio~ ot any te~,t~s i' , a i~i . ce, 5uch ~ ' ble ~o aav lr3~y ~ose or THE_ PARIS NEWS, FRIDAY, N#AY 2, 1947, Pa9e 9 3 damage on accoun"t of euch misrepre sentation and shall cover all auctioi sales of inerchandise described in th~ 3 inventory made and required to b~ filed with the City Secretary and an~ ~ such person sustaining any damsge oi ~ loss may bring auit in any court o: ~ campetent Jurisdiction to recover thi same and the provision of the saic ' bond ahall be construed liberally, ir 7 favor of any person on account of any lass or damage sustained by any auch t person either directly or indirectly ~ All remedies upon or under such bond • shall be in addition to, and cumulative ; of, all other remediea the partiea may have at law or in equity for recoup- ment of any such losses or damages. ~ The bond ahall be signed by two or ~ more suretiea, one of whom shall be a aurety company doing business in the State of Texas and the other ahall be a resident of Lamar CoUnty, Texas. Cumulative recoveries may be had on saict bond to the full amount thereof. ART. B, INSPEGTION OF STOCK:- The City Secretary 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 deter- mine the truth of the atatements made in the appiication and the inventory. AAT. 7, LICENSE FEE:-Before any license ahall be iasued, the applicant shall pay to the City of paria a license fee in advance in the sum equal to one hundred dollars per day for each of the days during which the auction is entitled to be held according to the license. ART. 8. MISREPRESENTATION PROHIBITED:-It shall be unlawfu] for any persons acting aa auctioneer to make any statements which are false in any particular, or which have a tendency to mislead any person present, or to make any misrepresen- tation whatsoever or at all ae to the quality, quantity, character, present candition, value, costs or general sell- ing price, or whether new or second hand or partly so of any property offered for disposal by auction sale. ART. 9. BOOSTING PROFIIBITED: -It shall be unlawful for any person to act as a by-bidder or what is com- monly known as a"capper" or "boost- er" at any such auction or place where any such auction ahall 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. ART 10. DESCR PTION AND DES- IGNATION OF BIDDER:-It shal] be the duty of the auctioneer to make some description of the person making a bid every time a bid is announced and also to point or to designate the position of the bidder on the premises. ART. il. INVOZCES:-It shall be the duty of the person whose merchandise is being sold at public auction to give each and every purchaser of any . article, the selling price of which : amounts to. the sum of two dollars and fifty cents or more, an invoice containing a full description of the I article, and the eelling price thereot, i" together with a statement giving each ~ and every warranty under which the ' afiticle waa sold. Duplicate copies of said invoices shall be kept. ART. 12. •'PEItSON" DEFINED:- The term "person" as used in this ordinance shall include and compre- hend an,y person, firm or association of persons or any corporation, their agents, aervants or employees. ART. 13. PENALTY, REVOCATION OF LiCENSE: RE-ISSUANCE: Any person violating any of the provisions of this ordinance shall, upon conv3c- tion in the corporation court, be fined in any sum not exceeding two hun- dred dollars, and each and every day that a vidlation of thia ordinance oc- curs shall be deemed a aeparate of- fense. In addition tb the penalty here- in provided, for; when any such per- son is convicted in the corporation court, or upon appeal therefrom, the judge of the sasd corporation court, or any judge upon appeal therefrom, may revoke the license under which the said 'auction is being held, and tt shall be unlawful for any person whose license is revoked to hold any auction under the terms of this or- dinance; provided, however, that any person whose license is revoked may make application to the governing body and, after a hearing upon auch application far a re-issuance of any such license, may have a new license granted upon the order of the gov- erning body to the City Secretary, provided such person shall comply with the term$ and yrovisions of this ordinance. ART. 14. PARTIAL INVALIDITY: Should any portion or part of this ordinance be held for any reason in- valid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid por• tions hereof shall remain in full forca and effect. ART. 15. EMERGENCY:-Whereas, on account of promiscuous auction sales made by traveling auctioneers. as wel] as on account of the many acts of fraud, extortion and oppression growing out of misrepresentations and deceit practiced at auction sales on the public by unregulated auctioneers engaged in the selling of goods above described, there is created an urgency and emergency in behalf of the pres. ervation of the public peace, health and safety and requires this ordinance to become effective upon its passage and publication. It is accordingly so ordained that this ordinance shall be- 20me effective immediately upon its oassage and publication as required by law, and the rules and charter ^egulations tequiring that an ordinance :)e read upon three several occasions :,e and the same are hereby sus- )ended. PASSED AND APpgOVED this 14th !ay of April, 1947. lyes 4 layes 1 ' jewalrYi TIPdG ; , BUC-aa-BaAC $ J1i ELa[:KL.Griv4i 1, t person to se11, (,QY7,, Ur C&UQf3 Or ;iOri WitYiiTl tt3e Ci.ty )nes, watahes, cA].acks, bric-a-brac., or such aer the sale of the b f 3.Y`s'~ ~lying Ntit~°I ;ity Secretary of the sd; prov3,dedy however, by emscutora or ad- Dkers of unredeemed auction sa1e for the City Seeret,gry as riod of day any such r6tary 8lia7.]. issu6 to dinataca f ar `the period or a longer pnrioci t ]iCe Z18@ 8t18ll b@ 1.71 tence,, the street and r the license is de- 3 Ol 81milc3Z' bU57.T2638$ furnish fi,he City tsonsble ta establish ; of tYlE: aX) )1.iC3rit t0 ti T. A. BINNION, Ma,yor of the City of Paris. Attest: H. B. Crow, City Secretar,y. iRY TG B:::~ ATTalCIiED ''C} ~'+,LICA`°IC~I~a I^C}I'~ L7~~'dSEs ~CI':`;~IS~~~ 0F LTCEI~,~~;s I..i i fox a license ahal1. have atf;ached to it asworn inventory of such stoak sett,ink aut the quality., qu.antityq kind or grade of each 3.tem and in- ,eof. Ta such i.nventory there sYia11. 1ae attached an af'fidavit that such i a11 respects true and ccarrect. In the case of an incii.vidua].., sxch af- ie made by him as su.eiz; in the case of a firra., it aha11 be made by ane of tnd in case af a corparation., it shall be made by the president p general ~ o ArYs or treasus°er. Such ic3ventory arza affidavit when so made sha11 be i the affice of the Citv Secretary as a part of the public records per- aale. t3o merciiandise shal7. be so1d at auch auct3.on sale ~cept that re- ~9 neluded. ~.n the ir~ventary .~sade p~art of the a~aplica~tion. Y~fieneve~r any eu~- '.n 1icenste so granted hereunder is granted to any persan hol.ding an auation, sh,a11, be made thereof as prov3.ded herein.. which $ha11 be granted by the , provided., that should it appear to the sa3.d Uity SSearetaryi f rom the made, that rie~v ar adc~.tional articles are added to ttie list of articles 4U ;h person, tYen it shal.l be the duty of the s aid person to furniah an ! 3n the amount as hareinaf'ter described for the sale of the additiorial a is xequired for the sale of the original artiidles. -ALl persans desirizig a license ahall., uPon eomPlYi.ng ivith the applica- )v3.dSC} far, and b+efore a],3.cense aha11 be iasued to any auch peraon, tender sity of Pax°ie duly eacecuted by the said applicant, as prinl4pal, in the )usar.d dollars, ihich band shall be made payable to the city of Pari.e, at runty, '1"exasy and :f..n ccuApiiance with the terms of this ordinance shall bg a governing bodj- of the Cit;;r of Paris arid sha7.1 be cnnditianed that tfie therean shall pa,v a11 losses and damagBs which may lawfully be ala3m$d IN, ~ ~ - - -2- against him on account of an,,y matarial misrepresenta.tivns of faet and belief or any matarisl $uppressian of facts conaernirig, the merehandise to be auctioned at such aalsis or whiah may groa out of a violation of any of the terms of this ordi.nance. Such bcand shs11 be m.ade x=mddx arnlendable to an„y persan who may sustain any loss or daraa►ge an account of such misrepreseritati.on and sha31 eaver a.1.l zzu.ction ealesa of taerchandise de- scribed in the inventory made and required to be fi3.ed with the City Secretary and any suah person susta's n' ng any damage or loss ma,y be;Lng suit in any court of aompetent jurisdiation to recover the same and the provisian of the said bond aha3.1 be construed l.iberally in favar of any pexson on BCCOLICIt of any loss or damage sustained by any aza„ch pesrson either direct]„y or indireatly. A.11 remedies u.pan or under such bond shall he i.n a,ddi.tian tos and cwnulatigs of, all atMer rera,edies the parties raa„q have at law or in equ3.ty for rsaoupmerit of any .3uch Zassee Qr damagss. The bond sha1.1 be aigned, by two vr mare suretieas one of xham ffihaL]. be asurety company dcring busineaffi in the State of Texas and ths athsr sl'~all be a residerit of Lamar County, Texas. Cumulative recoveries rna~ be had on eaid borsd to the ful.l amount theroof. ARS'. b, TNSk'ECTIC3N OF ST(7CK:-- Tha City Secretary may inspect and 3mrestigate ary,p part or a3.ll of such stook nr merQhandise coming w3.thin the purview of this ordinance befcare iss.tixg the licerioe in Qrder to dsterm.i.ne the truth of the staterrEents made in the ap- plidation and the irnrentory. ART. LTCENSLP M:-- BoOcrre any licei-ise $hall be issued, the appl3cant sha].l pa,q ta the GitY of paris a license fee in advanae in the aum equal to arie hundred dc>:t,)Aws per day for eaah o f the days dur:i.ng wl-iich the auction is entitled ta be -held according to ths licerise. ART. g. MISRE11HE5ENTAT7DPJ PROHTBZTM:--It ehall be ualawf'ul for an3r persons acting as aubtioneer to make ar~,v stateaaente which are fa.1.se in any pkrticular, flr which have a tszidenay to acislead, auy person present, or to make any mi.srepressntation whatsoever or at all as to the qaala.ty, quantity, cYzaracters presant condition, value, co ste ar g6neral se1l:i.rg price, or whether new or seeond hand or partl.y eo o£ any property offerec3 Pat' disposal by auctzon sale. AFtT. 9. BUUaTING PMHZBM.T?:--Tt shall be unlawful for any psrsoxi to act as a by-bidder or whst is commoril.y known as a"caPPerrt or t'booster" at auuy such auction or place 'Where any such auctiara $hall take place,, ar to offer or Ie1ake any false bid ar tc>c;ffer ary false bid to bW tir pretend tp 'ouy a,ny $uch artiel.e sold or ot'f'ered far sale at acay such auetion. ilRT. 10. UFSCRIPiIUN kN7 DESIGNATIO:~ ~F BIDDFdts-- It stzall be the duty of the auct3.oneer to make some description of the aersorr mak:Ung a bid avery t:ttne a b3d 3.s announced and a1.so to point or tv designate the pasitivn of the bidder on the premiess. ART. 11. I= ICES:- It shal1 be the duty of the perso.n whose m,erchandise ia being sold at public auCti4n to giva each and every purehaser of am articles the aelling price of which arwunts to the swn of two dollars and fifty csnts or more, an 3nvoice containing a full description of ths az•ticle, a.nd the asllirg Price thereof, to,gether with a stateunent giving each ~rzd every xarranty undsr rhf.ch the artiele was so1d. D.iplicate copies of said invoices aha1l be h,eA.`~t. kRT, 12. "PSRSojvjl DEF1'NEDr-- The torsn "tperswn" as used in this ord3rianae shatl includo and cceprehend any person, fim ar aasociation of persons or any carporation,, their ggsute., servants ar emplayees. i~t`i'. 13. ":~1~:'T'Y. ~~~V~~.~`ZUz~ OF LIGEIIS~;a ~I:~~3~I~E s-- p~rso~s v3.olati.t~~ ~ny' of th~ proviaiane of this ordinancer phal'l.. upan cornr3ctian in the corporation couurtj, be fined 3,n any sum not exc+aeding twa hundred do7lars' and each and every day tMat a violatican of thia ordinanae occurs 3ha1.]. be deemed aseparate offerse. In additien to the penalty herein ptovided, for, vvhen any sursln person is Car1Y1Gt6d it1 tY1B corporation courts ar upon apgeaal theref'rom, the ,juidgs of the said corporat3.on court# or any judge upon appeal therefrom, may revoke the l3.cense under which ths said suctican is bei.rg heldp and it aah$,11, fse unlawful far ar~,v person whose license is revoked ta hold any auction uttder the terrns of thia orriinance; provided,, hcsvvevers that any person whose licanse is revoked snay make application to the governing 'ood,y and# aftar a hearing upan sueh applicatiori far a re-issuance of any such licenaes may kzave a new license granted upon the order of the governing bod'y to the City Secretary, provided auch persozi ahall cwnply with the tsrms and ,provisians of th3s ordiriance. -r ~ ~ A - 3 j=. 14. PATIAL T.NVALIDSTxs-- Should an,y porta.an or part vi" tYLis ordinance be hsld for arW reason 3,rivalid or urienforceable, the sara.e shaT1 nat be construed to affeat any csther valid portion hereof., but all valid portia-s hereof ehall rsmain in fu11 f'orce arLCi eff ect. ART. 1$. E.:EftGENCY:--4hereas, an accnunt of promi.scuous auctian sales niade by traveling auct3.oneers, as weii` as on accaunt of the many acta of fraud, eAortion and oppre$sion growi.ng out af misrepresentations and deaeit praeticed at auction sales crn the public by urYregulated auetioneers ergabed in ttse selling of gooda above de- acribed$ there is areatect an urgency and emergency in behalf of the preservation of the public peace, heaI.th and safety and requ.ires this ordinanoo ta beaame efPective upon its paasage and publication. It is accordingly so ordained that this ordinanoe sha1l beaQarte effeetive imnediately upon its passage and publication as requixgd by lsmp and the rulea and charter regu].atioE-is requirink; that an ordinance be read upon ttiree several occasions be and the same are hereby muspended. PASSED ANDAP7ROVEl7 this 1ti.th day of April„ 1947• Aye-i /Yit yt S • _ X11 L-i STz ~ Clt,y S$(~,'ret81'„Va (5ea1) S TAT E OF TEXAS a) COUPZTY of Lamar.) 11!efore me# the unders igned autlaority, on this day personally appeared Walter j-assano, Businesa Manager of the Paris News, a neqvspaper pLiblished daily at Par3.s, Lamar County, Texas, who being by me duly sworn deposes and se.,ys that the ahove and attached Ordnanoe was publ3.shed in saii newspaper for ten conseautive days beginning Apri1 22, 1947 and csontinuing through May 2, 1947, Business Manarer Sworn to and sizbseribed before me this 3rd day of May, 1947, _ , _ _ ~ _ . Notary Puhlic,3n and for L~.nar County,Texas.