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Page two - Ordinance 3254
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<br />Section 4. That it shall be unlawful for any licensee, his agents or employees to
<br />make any statements which are false in any particular or which have a tendency to
<br />mislead or to make any misrepresentations whatsoever with reference to any article
<br />sold or offered for sale during said auction, and it shall be unlawful to sell or offer
<br />for sale any article hereinbefore described as "fill ins" unless in each and every
<br />advertisement of whatsoever kind with reference to said suction, there be contained
<br />a clear and equivocal statement of the fact that goods and merchandise herein described
<br />as fill ins" have been added to the "stock on hand" together with s statement of the
<br />total wholesale market value thereof, and provided such statements shall be in type
<br />or writing of equal prominence with each and .every other statement of said advertisement.
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<br />Section 5. That it shall be unlawful for any person acting as auctioneer to sell or
<br />offer for sale any article hereinbefore described as"filltns" without first stating
<br />such facts in s clear and audible tone of voice to any and all persons prescott at said
<br />auction.
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<br />Section 6. DEFINITIONS. That a sale or off, ring for sale, to the highest bidder of
<br />any gold, silver, plated ware, precious stones, watches, clocks, jewelry, furniture
<br />or other merchandise in any of the streets or alleys or in any other public place,
<br />where any and all persons who choose are permitted to attend and offer bids, shall be
<br />deemed to constitute s public auction within the meaning of this ordinance.
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<br />That by the words "stock on hand" ss herein used is meant such gold, silver, plated
<br />ware, precious stones, watches, clocks, jewelry, furniture or other merchandise, which
<br />a merchant usually and ordinarily carries throughout the year, and does not include
<br />gold, silver, plated ware, precious stones, watches, clocks, jewelry, furniture or
<br />other merchandise purchased or otherwise acquired especially and purposly for sale at
<br />public auction; and by the term "fill in" is meant such gold, silver, plated ware,
<br />precious stones, watches, clocks, jewelry, furniture and other merchandise as may be
<br />added to the stock on hand as above defined and intended to be sold at public auctions.
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<br />Section 7. That any person, firm, corporation or association convicted of a violation
<br />of any of the provisions hereof shall be fined not less than $25.00 nor more than
<br />$100.00 for first offense, and for each subsequent offense not less than $100.00 nor
<br />more than $500.00 and may be imprisoned in the workhouse or city jail for not more than
<br />30 days or both. Each separate sale or offering for sale at public auction of any
<br />article of gold, silver, plated ware, precious stones, watches, clocks, jewelry,
<br />furniture or other merchandise in violation of the provisions hereof, shall constitute
<br />a separate offense hereunder.
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<br />Section 8. The City Clerk may revoke the license of any licensee under the terms of
<br />this ordinance who is found guilty of violating any provision hereof. Any person,
<br />firm, corporation or association whose license is revoked shall not be issued another
<br />license before the expiration of one year from the date of revocation.
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<br />Section 9. Each section of this ordinance and every part of each section is hereby
<br />declared to be an independent section or part of section and the holding of any
<br />section or part thereof to be void or ineffective for any reason shall not be deemed
<br />to affect any other section or part of section.
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<br />Section 10. As ststed in the preamble, this Ordinance is hereby declared an emergency
<br />measure, and shall take effect and be in full force from and after its passage and
<br />approval by the Mayor, and all ordinances or parts or ordinances inconsistent herewith
<br />are hereby repealed.
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<br />Adopted: December 21, 1931
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<br />Approved: A.I. Kauffman,
<br /> Acting Mayor
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<br />James Gormsen, President
<br />A. I. Kauffman, Clerk
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