Ord G-66(02-49) ~RDINA~CE ~TO. G-66 i ~ ~
.~/? O~DTWAN~.~ OF ~HE CITY C~UNCTL OF THE ~,ITY OF DWLRAY
F~.ORIDA. P~TaININ~ TO AUCTIONR A~D aUCTIONE~M. ~EFINIMG
~w~. W~QUTWTN~ TH~ POSTTN~ nM A ~OND ~H~EFOR, SPE~IFVIN~ THE
~NN~ OF ~ONDUCTTNG A S~, PROHIBTTTN~ AUCTION ~A~,~S TN
~TAIN PLASMa AND ~N C~TATN HO~S ~D DAMS. R~UIMING A
LT~SM ~H~R. AND REGUIRING THE LAB~.LTNG ~F ~H ARTICL~
SaLD AND PROVIDING A P~AL~ FOR VIOLATIng;
BE IT ORDATN~ by the City Council of ~he ~l~y of
Delray Beach, ~lorida, as follows:
~ECTTON E: AUCTIONE~ DEFINe.
For tho purpose b~ ~hi~ 0rd~hkn%o, an auctioneer
defined to bo any person who shall sell or offer to sell any
goods, wares, or merchandisc, itvostock, vehicles of any des-
scription or any personal p~'cpcrty of v;hatsoovor nature, or any
rcai estate or Interest thoro!n, at any store, stand or other
place within tho city by pt?bllc outcry for gain cr profit,
who sbrll advertise, cr in any way hold himself out as an
tioneer for public patronage, or shall receive foes or commis-
sion for h~s services.
SECTION 2: BON~ RESUIR~.
Bolero any license L~ Issued to any person to
....'~ t~ busi?~o~ ...... ~ ~ auct'on~er,~ the applicant for suc~
llcou~c shall execute and d~llver to the city a bond of a sure-
ty company authorized to do business In the State of Florida
in ~he sum of one thousand dollars conditioned on tho faithful
observance of thc provisions of this article by thc ap~ilcant
and approved 7~y ~ho city Council.
SECTION ~.: EXCEPTION AS TO C~RIERS AND "~' .... ~'~'
Nothln~ !n thi~ o~In~nce ~hall b~ cor~truc~ tc ~pply
to any comm~z carrier or publlc w~r~:useman ~elllng uncl&~no~
or undcllvered freight or goods where th~ same is hold for
freight o~ storage charges, ox~ to apply ~o any sale made unde~~
the la%'$ of the Unltc~ States, thc State of Florida or the city
requiring or permitting any property to b~ sold at public auctio:.
SECTION 4: MAN~ OF CuMDUC~I~,~
Each article offered for sale at auction shall be sold
as offered, if a bid be made by more than one bona fi~e bidder,
before another article Is offered for sale, and without an
-1-
sonable delay. No by-bidding by the owner, or anyone acting for
or representing the owner, shall bc permitted to bid at any such
auction, and there shall bc no reserved ~.rice on any such article;
providedj however, that the seller ;~ay have a by-bidder or
puffer, or a reserve price may be placed on any article if such
fact is made kno~vn to th~ bidders when such ar~iclc is offered
for sal~ at auction.
SECTION ~: SALES IN STREETS A~ID PUBLIC PLACES
PROHIBITED.
It shall be unlawful for any auctlonc~r or other
person to offer for sale, or sell at public auction or public
~ o any ll-'~tock or
outcry, any goods, wares or m~handi~c or
vcblcles of any description, or any other ~rsonal property, or
any real estate ~ interest therein, upon any street or public
place in thc city.
SECTION 8: APPLICABILITY OF 0RDIMANCE:
Thisordinance sh~.ll apply to all sales at public auc-
tion of diamonds o~ any other precious and semiprecious stones
or imitations ~heroof, ~atches, clocks, jewelry, gold, silver
plated ware, glassware or leather goods, china, pmrc~lain and
art objects conducted in th~ ~Ity, by any pcr~c~, except as
hereinafter provided and shall apply regardless of whether the
goods and ~a~s so offered for ~alc are in fcct the property of
those offering them for sale at public auction or thc property
of others for whom the auction~crs act as agents; provided how-
ever, that nothing contained in this 0rdinanco shall apply to
Judicial sales by any executor or administrator, ncr thc
~ the holder of personal security under a contract allowing
public sale in default cf payment of debt.
SECTION 7: LICENSE --~EQUIRED.
Any person ~n ~%~ c~ty engaged in the buslncss or
occupatlonof opcratlng and conducting an auction shop and
desiring to offer for sale any of such goods, wares or mer-
chandise at public auction, enumerated in Section 8 hereof,
shall obtain a license from ~he tax collector of the city allow-
ing and permitting such perccn to conduct such auction sale
within the city.
SECTION 8: LICEN~--PA~E~.~ CF FEE AND BO:~D REQUIRED.
No such license, as is requ_~r,~i by ScatS_on ? of this
~-~,~..~e, shall be isrucd by thc tax collect,r unles~ and until
~ ~_r~t paid the fee preach_bed
the applicant tb.~efor shall have ~ ~ ~
hcrc'~_~.~ ~er ~nd ~_~_ have filed '~'th.- +~ ..... tax collector a surety
bond in ~he sum of five bhouc~&.~ dollars, the payment of
shall b.~ ~ecured by &ood and solvent sure~y to be approved by
the city man,er, such bond to be payable to ~hc govc~3nJr of the
State of :.~rlda, and co~it~o~_d upon thc conduct of such sale
in accordance with the provls!on~ ~f ~hls Ord!nanco and freed
fro~ any fraud, deceit o~~ dccoptlcn. Such bond shall also pro-
vide upon its face that upon th~ ~iol~ ...... cf a~¥ .~ ~.~-~
of this O,~dlnancc in the conduct of such auction sale, or in
case of fraud, deceit or deception any person injured or damaged
by the violation of tho provisions of this Ordinance, or by such
fraud, deceit or description may sue and recover upon suc~ bond
. ~ ~ name of the gove~nor of the State of Florida for the
and benefit of such pei~zcn and for tho amount of th~ damage or
Thc iicensc required by Section ? of this Ordinance
shall be non-transferable and shall provide upon Itself ace that
thc s~e may be cancelled by the city comzlssion upon evidence
being submitted to the commission of tho perpetration of fraud,
~- his agent, serw~t cr
~cceit or deception by such iicen~c,
emplo~o~ in the co,duct of such business.
SEC~, 10: ~m:~om--~ SPECI~ ~OCA~I~.~ AT WHICH
AUCTION IS TO BE CCNDUCT~.
The license renu!red by Section 7 of ~his Ordinance
shall specify the location ~Ithin the city at which such auction
is to 5c conducted and it shall bc unlawful for any licensee,
bis agent sez~vant or ~mployee to conduct an2~ such auctiou any
place within
~._~ city o%kcr than that specified In ~ucb !Iconse
or ~i~ ~.cu~ havin~ first pai~ suck license fcc and o%talned such
license.
SECTION 11: PROHIBITED H0b~S AND DAYS OF SALE.
It shall be unlawful for any licensee, his
s~rva,~~ ~., ur employee to conduct any such auction sale ac
mentioned in section ~ of this
O.-~..ance, b~tween the hours of
8:00 P. M. and 8:00 A. M. or upon Sundays or legal holidays.
It sh~ll ~o unlawful for ~ny p~zon conduc~in~ ~ny ~uch
s. uctlon s~le aa dc~c~'lb~d In section 5 ~f this Ordir. anco, or h~.~
,~e any false represontatlorc
~cnts, servants or employees to
or ztatcmeuts as to thc ownership., character, quality or price
of the property offered for sale with intent to lnd~ce any per-
son to purchase the s~e.
SECTION 15; TAG CONTAINING DESCRIPTION, NAT~E,
~L'~ITY, ETC..~ TO BE ATTACH~ TO M~CEANDISE
No porzon ~hall of'for for s~.le or sell at public auc-
tion ~ithin ~he cl~y any dia:~oud or other prcclcu~ or semi-
~ ~ ..... watches cloc~;s Jewolry
precious stcne~ or imlt~tions ~ .... , , ,
or glass~az'c unlh~c there l e securely a~tachcd t.-: cac~ of
ar~icle~ a ~ag or label upon which sh~ll be plainly written or
printed in English a ~rue and correc~ ~a~emen~ of ~he kind and
quali~y of ~ne me~al or o~her subst~ce of which such article
made or composed and ~he percen~ape or kars. t of puri~y of such
me~al. In case such articles are olated or overlaid, ~hen such
~ap or licenee shall con$~in ~ true s~a~ement of the Eind of
pla~e and ~he percentage of purity of such ola~inp and ~he ~ind
of material or me~.l covered, wh~ orecious or semiprecious
s~ones are offered for sale or ~old, such written s~atemen~ shal~
se~ forth ~he ~rue name, weipht, quality and finenes~ of ~uch
etones, and imitations shall Oe described a~ such. ~hen watches
and clocks are sold, ~he ~ue names of ~he m~nuf~cturerm shall
be ~a~ed in writing and no part of ~he movemen~ or mechanism
thereof shall be sube~i~uted or contain false or misleading
names or trade m~rks, nor shall ~econdhand or old movemente be
offered for sale in new cases wi~hou~ a true s~atemen~ ~o ~hat
effect. ~uch ~ag or 1-bel shall remain ~ecurely attached ~o
every article of m~rchandise, and ~hall be delivered ~o the
purchaser ~hereof as a ~rue and correc~ desorip~ion and repre-
sentation of ~he ar~Icle sold, and shall be ~eemed prima facie
evidenceof intent to defraud'in case such written statement be
not a true and correct description and representation of such
articles sold.
~ECTTON 14: ~AT'~E ..... MI~D~R~. AND CAPPERS.
It shall be unlawful for any person to act or to employ
another to act as a by-bidder, or what is commonly known as
,capDer" or .booster., at any auction sale, or to make or accept
any false or misleadln~ bid, or to prStend to buy or sell any
such aforesaid articles sold or offered for sale at any such
auction.
~CTION 1~:
(a) Auctioneers, each $~0.00
Auctioneers. --~wen~y dollars Der day
for the period of such auction sale.
~c~Auctions, Jewelry, ~lassware. ~.eath-
er Goods, China and Art Objects per
Day ~ .00
SRCTI~ 16:~pEN.kLTIES:
Any person, flr~, partnershi~ o~ officers of a cor-
poration violatin~ any of the provisions of this Ordinance
shall be punished by a fine not exceeding the sum of ~ive Hundred
Dollars ~500.00), or by imprisonment in the City jail for a
period not exceedinE ninety days or by both such fines and
imprisonment at the discretion of the Municipal .?udge.
SECTION i7:
The provisions of this Ordinance shall not ap~.ly to
an~ ~erson, firm or corporation who is prcsently d ~y licensed
by the City of Delr~y Beach, FloridA, to conduct an auction
businccs_.~ ~his Ci*~, until the beginning o£ thc
1949 t~
fiscal year; to wit, Octobcr I, ~ct¢Scr i, i750, at which
t~e the provisions o? thic Ordlnan¢~ shall apply to anyone who
is presently licensed as aforesaid.
FiAST READING the 20th day of January, 1949.
.I SECCND ~EADING AND ~,~~~-'~ ~ tho 8th day of Februmry,
~; 19&9.
preside~,' C%ty Council )
ATTEST: APi?.OVE~D:
,(
CitY Clerk'
1st Re;; ¢.Ing
2nd Reading - Fchr~*ary 8,
Passed and adopted - February 8, 19~9.
Affidavit of Publication
DELRAY BEACH NEWS
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared William .u.. ~orrison
who on oath says that--II'is publisher
of the Delray
Beach News, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida;
that the attached copy of advertisement, being a
Notice of Ordinance G-66
ORDINANCE NO.
in the matter ofCity of Delray Beach AN ORDINANCE OF THE CITY
CO[,~NCIL OF THE CITY OF DEL-
RAY BEACH, FLORIDA. PERTAIN-
~NG TO AUCTIONS AND AUCTION-
EERS. DEFINING SAME. REQUIR-
ING THE POSTING OF A BOND
THERI~IFOR. SPECIFYING THE
MANNER OF CON]j~UCTING A SALE.
PROHIBITING / AUCTION SALES IN
CERTAIN PLACES AND ON CER-.
TAIN HOURS AND DAYS, REQUIR-
in the .Court, lNG A LICENSE T~IEREFOR: AND
REQUIRING THE LABELING OF'
EACH ARTICLE SOLD AND PRO-
'was published in said newspaper in the issues of VIDING A PENALTY FOR VIOLA-
TION THEREOF.
February 11, 1949 Tbe above Ordi ..... is PubliShed by
caption only. CODy of same is on file at
the City Clerk's office for inspection of
interested persons. This Ordinance was
passed by the City Council at a meeting
held. February 8th, 1949.
RUT~I I:[. SMITh'I,
City Clerk.
Affiant further says that the said Delray Feb. 1L I949.
Beach News is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in said Palm Beach County,
Florida, each Friday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the
first publication of the attached copy of adver-
tisement; and affiant further says that h~
has neither paid nor promised any person, firm
or corporation any discount, rebate, commission
or refund for the purpose of securing this adver-
tisement for publication in the ~aid newspaper.
Sw°rn ~. ,d subscribed before me this/~
(SEAL) ~ Notary Public