01-06-51 JA!'TU~'~RY 6TH~ 19~1.
,"k Special t[eeting of the City Council of the City of
Delray Beaci~ was held in tab Co~uncil Chambers at 10:00 O'clock
a.m. to reconsider the Ordinance pertaining to ~luction Sales~
with ~-~a~ or J.L.Sa~ders in the Chair~ and City ~ttorney John
~oore~ City Hanager Charles ~. Black~ a?d the fo!lo~ing Council-
men present: R.J.Ho!land~ ~.~.Jacobs~ and John ~. ]~(abler~ a
quorum being present.
City Attorney ]~oore e~plained a temporary restraining order
granted the James ~a~ Art Gallery in ?crt Lauderdale~ by Judge
Chillingsworth~ who held that ~_~ive sections o2 the 2crt Lauderdale
Ordinance were ~reasonable and invalid. He stated that our Ordin-
ance does not contain these objectiona~le sections~ ~.~ith the
ception o~ Section !!~ ~hich prohibits t~e hours and days of sale.
He ~.)~!ieved t~.~ ~ectio)~ ]-3~ requi~in.g t}~e tagi~g of certain mer-
chandise would not be considered objectionable b- the Court~ as
it did not cover all merchandise offered for sale. t{e also pointed
out that the Court ~,ad not decided as to an actual sa!e~ only to
an o~fer to sell ~:~t~,~een certamn hours~ ¥~hen an _=uctmon-,er has
agreed to make refzmds on any purchases not satisfactory~ wit'.~in
~ ~eriod o:f t~irt=~ da~=s
Councilman iCabler ;;as oI:~I:,osed to changing t~]e hour for
~.~e 2act that the
closing o~' ~.1~ction sales~ in view o2 =~.= ..
had rece~otlM voted not to remove this restriction. He believed that
certain types of business should be controlled as to
..... zz ti~.~e of
operating. He also ~e!t that 2ire Councilmen sho~!d be ?resent when
an amenclment to the Auction o~!e Ordinance is considere~:'l~ as all
~ive members of t.he Council had previously voted against a}:~endins
this section o2 the Ordinance.
Hr. ~rthur A. i.~'arcus~ operator of the Ds!ray Beach Art
Ga~lery~ then re~uinded the Council that he had agreed to
r,~'~,~ und ~ ~ wit~:~.in thirt~~. dams~, on a'~r~,~ article pruchased which ¥~as
not satisfactory~ and oAfered ~ put up a szgn in his ~:;!ace of
business to that e~'fect ~Te stated ....
.... on~v he ~,zould stand back of
everything he sold.
After furti~er discussion bM the Co~mcil~ a i',.~ot'ion was ;~ade
by Coumci!man i(ab!er that action on the ~-~atter be deferred until
the ne:~t regular, meet'~,zns cZ the Council~ to be held on Tuesda~
January :)th~ to allow time for further study. The ~!otion ~,,~as sec-
onded by Cozu~ci!man Ho!land~ and u?on call o? roll ca~ried unani-
mously.
The meeting then adjourned.
Ruth R. Smith
Cit]~ Clerk