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ORDINANCE No. 3254 by Mr. Reidy
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<br />An ordinance to regulate the sale of or offering for sale at Public Auction of any gold,
<br />silver, plated ware, precious stones, watches, clocks, jewelry, furniture or other
<br />merchandise and repealing Ordinance No. 3151, adopted by the council of the city of
<br />Lakewood, November 3, 1930, and declaring an emergency.
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<br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO, four-fifths
<br />of all members elected or appointed thereto present and concurring:-
<br />Section 1. That it shall be unlawful for any person, firm, corporation or association
<br />by himself, themselves, or itaetf, or by or through any agent or servant except en
<br />officer, person, firm or corporation or association executing a process or order of any
<br />court having jurisdiction within the state of Ohio for selling property directed by law
<br />or court order or legal process to be sold at public auction, and except licensed pawn-
<br />brokers selling or offering for sale unredeemed pledges in the manner provided by law,
<br />to sell or offer for sale at public suction any gold, silver, plated ware, precious
<br />stones, watches, clocks, jewelry, furniture or other merchandise, whether the same be
<br />his property, or whether he sells or offers for sale the same as the agent, servant,
<br />employee of another, unless such person~ firm,corporation or association shall first
<br />procure a llcense to do so, as hereinafter provided.
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<br /> Section 2. That any person, firm, corporation or association desiring to hold an auction
<br /> sale of the goods here&nbefore described, shall file a sworn written application for a
<br /> license, stating the time and the address of the applicant the place where the sale is to
<br /> be conducted, the name and address of the person, firm, corporation or association who
<br /> for at least one year previous to this sale shall have owned the goods proposed to be
<br /> sold, and shall attach to it a sworn inventory of the stock on hand, settling out the
<br /> quality, kind and grade of each item, and the wholesale market value thereof, and shall
<br /> file with the City Clerk a certified copy of the auctioneer's license required by the State
<br /> of Ohio. Every such parson shall execute and file with the City Clerk a good and
<br /> sufficient bond in the sum of two thousand five hundred dollars ($2500.00) with two
<br /> or more sureties thereon who shall be free holders within the City of Lakewood, or
<br /> with the surety thereon a surety company authorized to do business within the State
<br /> of Ohio, and which bond shall be subject to the approval of the City Clerk~ and shall
<br /> be conditioned upon the faithful observance of all the conditions of This Ordinance and
<br /> shall indemnify any person at said auction (public) who suffers any loss by reason of
<br /> misrepresentations in said sale. Any purchaser claiming to have been damaged by mis-
<br /> representation in said auction sale may maintain an action st law against said
<br /> licensee making such misrepresentations, and may join as party defendant the surety
<br /> or sureties on said bonds as herein provided.
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<br /> Provided, however, that no license shall be issued for the sale or offering for sale
<br /> at public auction of the stock on hand of any person, firm, corporation or association
<br /> that shall not for the period of one year next preceeding such sale or offering for
<br /> sale, have been continuously engaged in the City of Lakewood in the business of a
<br /> wholesale or retail merchant of gold, silver, plated ware, precious stones, watches,
<br /> clocks, jewelry, furniture or other merchandise, nor shall a license be issued for the
<br /> sale of or offering for sale at public auction of the stock on hand or any addition
<br /> thereto, as hereinafter provided, by any purchaser thereof from a person, firm, corpor-
<br /> ation, or assoc~tton that shall not for the period of one year next preceeding any such
<br /> purchase, have been continuously engaged in and upon the same premises wherin said
<br /> sale or offering for sale is to be held in the business of a wholesale or retail merchant
<br /> of gold, silver, plated ware, precious stones, watches, clocks, jewelry, furniture or
<br /> other merchandise; and provided further that no license shall be issued if a sale at
<br /> public auction of such stock on hand shall have been conducted within the period of
<br /> one year next preceding such sale; and provided further, however, that such sale
<br /> or offering for sale at public auction by such merchant or purchaser shall be held
<br /> on successive days, Sundays and legal holidays excepted, and shall not continue for
<br /> more than a total of thirty (30) days within the period of any one year.
<br /> Section 3. That in addition to the stock on hand as hereinafter defined, such licensee
<br /> may sell or offer for sale at public auction additional gold, silver, plated ware,
<br /> precious stones, watches, clocks, jewelry, furniture or other merchandise,
<br /> hereinafter described as "fill ina", provided that the total wholesale market value therec
<br /> shall not exceed fifty percent of the wholesale market value of the "stock on hand"
<br /> set forth in sworn inventory filed with the application for license as hereinbefore
<br /> provided; provided further, that no such "fill in" shall be sold or offered for sale
<br /> until there be filed with the City Clerk a sworn statement setting out the quality,
<br /> quantity, a kind or grade of each item, together with the wholesale market value
<br /> thereof, and until the City Clerk shall have first granted his written permission to
<br /> do so.
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