Ord G-143(13-52) AN OI~DINANCE OF TBE 0ITl COOl'OIL OF THE CITY OF DEIRAY BEACH~
FLORIDA, AMEND~G ORDINANC~ NO. G-66, PERTA~G TO AUCTIONS
A,~ A~TIo~mzS ~ morm~G ~OR com~zo~t~ SAmS A~ Imam~A-
TIONS I~R SAME INCLUDING ADVISING PROSPECTIVE I~tCHASERS OF
cremations ~ auz.- FU~ ~aormING ~Tn~G OF S~ OR
NOTIC~ CO~C'mU~G SUCH CO~TIONAL SALESt A~'~Dn~G S~CTION 11
OF SAID ORDD~CE C~6 ~'m~TA~NING TO TH~ ~OUP~ A~D DAYS OF SALE;
AI~'ING SECTION 13 OF SAID OI~DINANCE PEETA~G TO TAG CONTAIN-
ING I~K~IPTION, NATURE, QUALITI, ETC. TO BE ATTACHED TO
MEROHARDI~, AND FIIRTBER PROFIDING A SEVERABILITY CLAUSE.
W~EHEAS, auction sales at night of diamonds, precious or semi-
precious stones or imitations thereof, watches, clocks, Jewelry, gold, silver,
or plated ware, and objects of art, prevent buyers of the same from having,
before sales are completed, the opportunity to e~w~-e such merchandise in the
da~light, thus exposing them to being deceived as to the value and quality by
the attractive appearance under artificial light; and
W~EREAS sales of the above enumerated articles may be lawfu~ sold
conditionally at night by providing that the article m~y be returned by the
purchaser and his money refunded if not entire].~ satisfied with same within
a specified time; and
~S the present auction Ordinance does not provide for regulat-
ing such conditional sales, and it is deemed for the general welfare of the
public that said sales be regulated;
NCE, THEREFOr, BE IT ORDAINED by the City Ocamcil of the City of
Delr~y Beach, Florida, as follows-.
SECTION I: That Ordinance C-66 be and the same is amended and
supplemented by the addition of the following section:
"~ection 18. CO.~ITIO..HAL.. ~R PRQ...VISION~L SALES.- Ail public
auctions of items provided in Section 6 of this ordinance sold after 6~00 P.M.
conditionall~ or provisionally shall be sold upon the following terms and
condit ions:
(a) The Auctioneer will ~,Form and advise all prospective
or potential purchasers, prior to offering any article for sale, of the con-
ditions or provisions subject to which an~ proposal or offer to bu~ such
article is to be accepted by the Auctioneer.
(b) Ail Auctioneers shall perm~ent~ displa~v at a~l times
in their place of business, a notice, sign, or bulletin in and by which pros-
pecttve or potential purchasers shall be effective~ and adequatel~ informed
and advised of the Auctioneer's methods of doing business.
(c) ~! Auctioneers shall furnish and deliver to each
prospective or potential purcbe_ser, whose conditional or provisional proposal
or offer to bu~ an~ article offered for sale by the auctioneer shall have been
accepted, of an article sold for $50.00 or more, or upon request, regardless
of sale price, a written or printed memorandum in and by which the Auctioneer
shall legally and effectively bind themselves contractually to refund to the
pure. sot the ~ amount of any money conditionall~ or provisional]~v ~ as,
or on account of, the purchase price of said article if and in the event the
purchaser, at an~ time within thirty da~s after the submission of such con-
ditional or provisional proposal-or offer to bu~, with or without the assign-
ment of any reason or ex~use for doing so, shall re-deliver such article to
the Auctioneer and request such refund.
~S~.~N 2; Section 11 of Ordinance 0~66 be and the same is hereby
amended to read as follows:
be un~ for an~ licensoe~ his a~ent~ servant, or e~ployee to conduct any
~ auction ~e as is mentioned in Sec%ion 6 of th~s ~ce bergen the
hours of 6:00 F.M. and 8:00 A.I~. or on Svnd~s. Provl~, however, that
cc~litional or provision~ s~es as prodded in Section ~8 of this Ordinance
· a~ be conducted to the hour of
~ Section ~l~ of Ordinance C~ be and the same is hereby
e~ended to read as ffollows~
~ECTION ~3: TAG CONTAI~NG I~SC~ON. NATUI~. ~UALTTY,
ETC.. TO ~ ATTIC..E~.. TO..I~R~~: l~o per,on ~hall sell at public auction
ax~ of the classes of articles specified in Section 6 hereof unless at the
time said article is offered for sale at auction there is securely attached to
each such article for a container provided for it, a tag or other label upon
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which sha~l be ~ written or printed in the Engliah language a true and
correct statement ~f the kind and nature of the material of which s~ch article
is made or composed, and the percentage karat of p~rity of such material or
metal; and in case such articles are plated or overlaid, then such tag or
such plating a~d the kind of material or metal covered; and when precious
or semi-precious stones are so ~fered for sale such written statement shall
set forth the true name, weight, quality and fineness of such stones, and
imitations _.~t~l~ be described in such writing as such; and when watches or
clocks are so offered for sale, the true ~-~e of the manufacturer shall be
stated in such writing, amd if az~ part or parts of the movements or me~h~a
of such watches and clocks shall be substituted the said tag or label shall so
state; neither shall second-hand, old or used watch or clock movements be so
offered for sale in new cases without a true statement on said tag or label
to that effect; nor shall watches be so offered for sale in different cases
or attached to different bracelets than those furnished by the ,~ufacturer
for each such article, without a true statement on said tag or label to that
effect.
In case the Auctioneer offering for sale at auction an~ of the
articles described in Section 6 hereof shall, at a~ time prior to the com-
pleted sale of the same, state the value of the article, such stated value
shall be evidenced in writing on the tag or label delivered to the purchaser
as is hereinafter provided for such delivery, or it shall be stated in writing
in the m~_nner aforesaid on a sales ticket or other memorandum of sale delivered
to the purchaser immediately after the successful and final bid on the article
Such tag or label referred to above shall remain securel~ attached
in the manner above provided and shall be delivered to the purchaser at the
time of the delivery of the article purchased as a true and correct description
and representation of such article or articles sold conditionally or absolutel~
and it end the stated value memorandum shall be deemed pr~ facie evidence of
intent to defraud the purchaser thereof in case any such written statement on
such tag or label or stated value memorandum is not true.
Each tag or label referred to above shall be numbered. ·
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smended and supplemented by the addition of ~ fo~~ ~ct~on=
~~d or ~J~ ~id ~ ~n~i~io~,
no ~er ~e~ t~ ~~"8 sections, ~sections, clau~s
this ~~, ~i~ ~ ~ ~ ~
~e ~i~, ~section, sentence, c~ or ~a~
~ or ~n~i~tio~l ~re not o~~~ a ~ ~ereof.'
PASSED AND ADOPteD on second amd final reading on this the 28th
d~r of .. Fuly ....... A.D., 1952.
Acting Ci~y Cler~ ~
1st Reading: ....... July 14, 1952
2nd Reading:_ July 28, 1952
Passed & Adopted: J~l~ 28 '_ 1952