No person shall offer for sale, dispose of or cause or permit to be sold in the city at public auction any precious stones, jewelry, watches, clocks, gold, silver, silverware or plated ware, without first obtaining from the city clerk a license to do. No such license shall be issued by the city clerk until there is filed with him or her an accurate list of the stock of goods and merchandise to be sold at auction for which the license is required together with the wholesale price thereof. The inventory shall be made a part of the application for the license hereunder which application shall be in writing and shall show the place and manner of conducting the sale, the names of the parties from whom the goods to be sold were purchased, the date of delivery of such goods to the applicant, the place from which the goods were last taken, and all details necessary to fully identify the goods to be sold, and such other details as may be required by the city clerk. The application shall be signed by the person seeking to procure the license or by the proper officer of the corporation, if it be a corporation, and the application shall be sworn to. The fee for such license shall be and the same is hereby fixed as follows:
(a) For an auction not exceeding 30 days - $50;
(b) For an auction not exceeding 60 - $100;
(c) For an auction not exceeding 90 days, - $150.
provided, that only one such license shall be issued to any person within a 12 month period, and no such license shall be issued to anyone person for a longer period than 90 days. No such sale by auction shall be held or open for business between the hours of 6:00 p.m. and 8:00 a.m. of the following morning.
(Code 1975, 12-801)
Every such applicant shall execute and file with the city clerk a good and sufficient bond in the sum of $2,500 with two or more sureties thereon who shall be property owners within the city, or with one surety thereon which is a surety company authorized to do business in the State of Kansas, which bond shall be approved by the city clerk, and shall be conditioned upon faithful observance of all of the conditions of the license and the ordinance under which it is issued, and shall also indemnify any purchaser at such public auction who suffers any loss by reason of misrepresentation in the sale. The bond shall continue in effect until the expiration of the statute of limitations on all claims secured by the bond. The licensee shall notify the city clerk of any suit filed as a result of the auction hereby licensed. Any purchaser claiming to have been damaged by misrepresentation in the auction sale may maintain an action at law against the licensee making such misrepresentation in the auction and may join as party defendant the surety and/or sureties on the bond as herein provided.
(Code 1975, 12-802)
No person shall offer for sale at public auction in the city any precious stones, jewelry, watches, clocks, gold, silver, silverware and plated ware, unless there is securely attached to the article so offered for sale at auction a tag upon which there shall be plainly written or printed in English and signed by the person, firm or corporation offering the same for sale, a true and correct statement of the kind and quality of the metal or materials of which the article is composed and the percentage of carat or purity of such metal or carat; and in case such article is plated or overlaid, a true statement of the kind of plating and the kind of material or metal covered, and in case such article is a precious or semiprecious stone, such statement shall contain the true name, weight, quality and fineness of the stone; and in case such article is a watch or clock, such statement shall contain the true name of the manufacturer thereof; and in case any secondhand or old movement or substitute part of movement of any watch or clock is offered for sale in a new case, such fact shall be set forth in such statement and no such article so sold or offered for sale shall bear any false or misleading name, description or trademark. Such label shall remain securely attached to any such article so sold or offered for sale and shall be delivered to the purchaser by the person, firm or corporation so selling the same as a correct description and representation of the article so sold and it shall be deemed prima facie evidence of intent to defraud in case the statement is not a true and correct description and representation of such article so sold.
(Code 1977, Sec. 12-803)
At any auction sale described in section 12-801, no person shall act or employ another to act as a by-bidder, or what is commonly known as a booster, or to make or accept any false or misleading bid or falsely pretend to buy or sell any article sold or offered for sale at any such auction.
(Code 1977, Sec. 12-804)
It shall be unlawful at any such auction sale described in section 12-801 to advertise, sell or offer for sale, or to list on the inventory above described, any goods, wares or merchandise which are not the regular stock of the store, or to make any replenishments or additions to such stock for the purpose of such sale. The sale shall be conducted at the place of business described in the application and license, and no goods, wares or merchandise shall be included in the inventory which are not actually in such place of business at the time of the application for such license. No goods, wares or merchandise shall be sold other than those actually entered on the inventory filed with the city clerk. No person in contemplation of conducting such auction shall order any goods for the purpose of selling and disposing. of the same at such sale, and any unusual purchase in addition to the stock of goods within 60 days prior to the filing of an application for a license under the provisions of this article shall be presumptive evidence that such purchases and additions were made in contemplation of such sale and for the purpose of selling such goods, wares and merchandise so purchased at such sale.
(Code 1977, Sec. 12-805)
It shall be unlawful for any person, firm or corporation receiving a license under the provisions of this article to refuse to give to the city clerk, or any person designated by him or her for that purpose, all the facts connected with the stock of goods, wares and merchandise on hand, or the proper information regarding goods sold, or any other information that he or she may require in order to make a thorough investigation of all phases connected with the sale, and the failure to give to the city clerk any information required by him or her in connection with the proposed sale or the sale shall be sufficient grounds for the denial of the license or for the cancellation of the license if issued.
(Code 1977, 12-806)
The provisions of this article shall not be applicable to trustees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process.
(Code 1977, 12-807)
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $100, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned, each such sale shall constitute a separate offense and each and every addition of goods, wares and merchandise not included in the inventory or each and every sale of goods, wares or merchandise not included in the inventory shall constitute a separate offense.
(Code 1977, 12-808)
If any provision, term or requirement of this article shall be determined to be unlawful, illegal, unconstitutional or void, the same shall in no manner be held to eliminate, annul or restrict the provisions of this article as may be legal, constitutional, reasonable and valid.
(Code 1977, 12-809)