4951 AuctionsORDINANCE N0. 4951
(Published in Book of Revised Ordinance, City of Salina ��.Q,� /�,
AN ORDINANCE relating to and regulating sales by auction of certain
kinds of new and unused merchandise and relating to and regulating
the calling, trade or occupation of conducting auctions of such
merchandise and providing for and requiring a license for such
au-ction sales and of those engaged in such calling, trade or
occupation providing penalties for the violation of the provisions
of this ordinance and repealing Ordinance No. 4394 of the City of
Salina, and all other ordinances or parts of ordinances in conflict
with this ordinance.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. Wherever the word "person" is used in this ordinance
the same shall be deemed to refer and relate to any person, copartner-
ship or member thereof, or corporation or any officer, manager or
employee thereof.
Section 2. It shall be unlawful for any person to engage in the
business, calling, trade or occupation of operating or conducting
a sale by auction of any new or unused merchandise in the City of
Salina, including gold, silver, plated ware, precious or semi-precious
stones, watches, clocks or any other jewelry, furniture, men's or
women's clothing or other merchandise of any kind, or new or used
automobiles except such judicial sales as may be held according to
law under the order of some court of competent jurisdiction, or except
a sale by virtue of a genuine and bona fide chattel mortgage which
has been given to secure a genuine and bona fide debt which is actually
in default, unless the person conducting or operating such auction
sale shall first pay the license fee and secure a license therefor as
hereinafter provided for and comply with all of the provisions and
regulations relating to and regulating the securing of such a license
and the conducting of such an auction sale as in this ordinance pro-
vided for.
Section 3. No license as herein required and provided for shall
be issued by the City Clerk until the applicant therefor shall file
with the City Clerk an application as h :reinafter provided for and a
true and correct detailed inventory of the merchandise proposed to be
sold at such auction sale, as hereinafter required, and shall deposit
with the City Clerk a license fee of X50.00 which fee, when any license
shall be issued pursuant to such application, shall, subject to the
restrictions hereinafter set forth, permit the licensee in any such
license to conduct and operate such auction sale for a period of thirty
days after the date of the issuance of such license; provided however,
that no license shall be issued upon any such application until after
such application has been on file in the office of the City Clerk for
a period of forty days.
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Section 4. The applicant for such a license shall file with
his application a true and correct detailed inventory, listing the
articles proposed to be sold at said sale by auction and shall cause
such articles described in said inventory to be given a number. He
shall also set forth opposite the descriptions of such articles in
said inventory and before presenting the same the actual cost price
thereof to him. The applicant thereof shall duly verify the said
application by his personal oath or affirmation. In case the license
is granted, the licensee must before the beginning of such auction sale
attach to such articles a card or ticket with the said number of said
articles endorsed thereon, so that the number of said articles des-
cribed, and set opposite the description of the separate articles which
correspond with the code or ticket number aforesaid.
Section 5. The application for such a license shall set forth the
following:
(a) The name, residence, address and business address of the
applicant.
(b) The character of business applicant has been engaged in during
the two years prior to the application.
(c) Whether the proposed auction is to be held at the applicant's
existing regularly established place of business, and wherein his
regular business has been operated for at least one year prior to the
application.
(d) The name and address of each person who will participate in
conducting the said sale by auction.
(e) Whether the applicant will be present at and in continuous
attendance at said proposed sale by auction.
(f) Whether any additions to the stock of merchandise proposed
to be sold at said sale by auction have been made within a period of
forty days prior to the date of said application, and if so he shall
furnish a separate inventory thereof containing all details as in
the regular inventory required.
(g) Whether, after filing said application and until the end of
said sale by auction applicant will make any additions or permit any
additions to be made to the said stock of merchandise described in
the required inventory.
(h) Whether he has conducted or caused to be held any sales by
auction within a period of five years prior to said application and
if so, when and where.
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(i) Whether applicant has owned or conducted within one year prior
to the said application, any other store or place of business than the
one mentioned as his regular place of business in the application, and
if so, where such store or stores or place or places of business were
located and the character of business operated in each.
(j) He shall state whether he will himself, and whether he will
require all others participating in the conducting of said proposed
sale by auction to, truly and correctly, represent at all tiles to all
persons attending such auction, the actual facts in respect to quality.
(k) Whether he has attached to said application a true and correct
detailed inventory of the stock or goods, wares and merchandise pro-
posed to be sold at said sale by auction. Whether he caused the articles
in said inventory to be given a number, and whether he has set forth
opposite said articles the actual cost price thereof to him, and whether
he agrees in case a license is granted to attach to said articles a
card or ticket with the number of said articles endorsed thereon cor-
responding to the inventory number.
(1) Vhether the applicant or any person he proposes to use as
auctioneer or other employee at the proposed auction sale has been
convicted of any violation of any section of this ordinance within
two (2) years prior to said application.
(m) Whether the applicant or any person he proposes to use as
auctioneer or other employee at the proposed auction sale will in all
respects comply with all of the provisions and requirements of this
ordinance relating to the conduct of any such auction sale.
Section 6. No such auction sale shall be held nor shall the place
where any such auction sale is being held be open for business between
the hours of 6:00 o'clock in the evening and 8:00 o'clock the following
morning, under any circumstances, and no license shall permit such
opening or the sale of merchandise at such place of business between
such hours.
Section 7. No sale by auction to which this ordinance relates
shall be held or licensed to be held in the month of December, and
no such sale by auction shall be licensed or permitted to be held for
a period of more than thirty days, Sundays and legal holidays excepted.
Said thirty days shall be consecutive except as to Sundays and legal
holidays and except any part of the month of December, from December
first to December thirty first, inclusive.
I Section B. No license for any such sale by auction shall under
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any circumstances be granted to any person, firm or corporation
or to any agent or affiliate of or assignee of, or to any person
acting for any such person, firm or corporation, within a period
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of two years after the termination of such sale by auction, in the
City of Salina, by any such person, firm or corporation, held or
conducted under the provisions of this ordinance, or otherwise.
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No person wo has been convicted of violating any of the provisions
of this ordinance, shall be granted a license or act as an auctioneer
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or be employed in any manner at or in connection with any sale by
auction licensed or held under the provisions of this ordinance,
or to which this ordinance relates, for a period of two years after
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such conviction.
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Section 9. No person to whom any such license is issued, or any
auctioneer at any such auction sale, nor any person employed by
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such licensee or having any connection of any kind with such auction
sale, shall bid for any merchandise offered for sale at any such
auction, and no person shall act at any such auction sale as a
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bye -bidder, or what is commonly known as a "capper", "booster"
or "si-iler" or offer or make any false bid, or offer any false bid
to buy or pretend to buy any article sold or offered at any such
sale by auction.
Section 10. No such sale by auction shall be licensedor per-
mi_tted, except it be held at the existing regularly established place
of business of the applicant for suc# license, and at the place where-
in the regular business of such applicant has been operated for a
period of at least one year prior to the filing of the a;)plication.
Section 11. Vvhenever any such licensed sale by auction is being
conducted, the person to whom the license has been granted or if the
licensee is a partnership one of the members thereof, or if a corpora-
tion one of the officers thereof, shall remain in continuance attend-
ance at all times while such sale by auction is being conducted, and
shall be res )onsible for any violation of any of the provisions of this
ordinsn ce .
Section 12, During any such sale by auction, no additions whatso-
ever shall be made to the stock of merchandise set forth in the in-
ventory attached to the application for license, and nothing shall
be offered for sale or :gold at any such sale by auction which is
not described in or which is an addition to the stock of merchandise
described in said inventory, or which has been added to the appli-
cant's stock within a period of forty days prior to the date of
the filing of the application for such license.
ISection 13. No license shall be granted for any such sale by auction
if it appears that the applicant or any agent, affiliate or assignee of
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the applicant or other person for him, has within a period of two years
prior to the date of the filing of the application conducted a similar
sale by auction in the City of Salina, either under the provisions of
this ordinance or otherwise, and either in the same place of business or
at any o'.her place within the City of Selina; provided however, that this
section shall not apply to a duly licensed auctioneer who has a duly es-
tablished andlicensed auction room which operated under the
provis'.ons
of any other ordinance of the City of Salina.
Section 14. At all such sales by auction the applicant and all
persons participating in the conducting of said sale by auction shall
truly and correctly report at all times to the public attending such
auction, the actual facts in respect to the quality of the merchandise
offered for sale.
Section 15. No person shall sell or offer for sale at any sale
by auction any goods, wares or merchandise which has been falsely des-
cribed, or concerning which any untruthful statement has been made as
to character, quality, kind or description, either in the application
for license and the inventory attached thereto, or during the continuance
of such auction sale.
Section 16. The licensee who shallconduct any such auction sale
or any auctioneer or other person or employee of such licensee, shall
keep a true and correct record of all articles of merchandise sold at
any such auction sale, and no article which has once been sold at such
auction sale shall again be sold or offered for sale at the same auction
sale.
Section 17. If, during the period of forty days following the
filing of the application for a' icense as required by this ordinance,
it has not been made to appear to the City Clerk or to the Board of
Commissioners of said city that any of the statements made in the
applicantion for a license are false, and if the statements contained
in said application, and as sworn to by the applicant entitles the
applicant to a license under the provisions of this ordinance, the City
Clerk shall issue to such applicant the license to conduct such a sale
by auction, of the merchandise described in the inventory attached to
his application, for a period not to exceed thirty consecutive days,
exclusive of Sundays and legal holidays and exclusive of any part of
the month of December.
Section 18. It shall be the duty of the Chief of Police of the
City of Salina, or of any other officer or employee of the city
assigned to such duty by the City l-Ianager or by the Chief of Police
to inspect and investigate any and every stock or stocks of mer-
chandise which is the subject of any application for an auction
sale as provided for herein or which is being sold at any auction
sale licensed under the provisions of this ordinance and report to
the City Manager whether or not the provisions of this ordinance,
are being complied with, with respect to the merchandise licensed
to be sold, or being offered for sale, or with regard to fraud or
deception, or fraudulent and false statements or advertising.
Section 19. The City Manager of the City of Salina is hereby
vested with authority to temporarily suspend the issuance of any
license for sale by auction whenever lie may believe that any of
the provisions of this ordinance have been or are being violated,
and thereupon appropriate proceeding shall be instituted forthwith
in the Police Court of said city, for the alleged violation of any
of the provisions of this ordinance, and in the event said pro-
ceedings result in the conviction of the licensee, or of any
auctioneer or employee of said licensee, or any person engaged in
or about the conduct of such auction sale, the said license shall
become permanently null and void; otherwise the suspension shall
be at an end and the license thereupon restored and said sale by
aution may proceed until it has been open for an ag-regate of thirty
days but such auction shall not proceed at any time during the
month of December, but may proceed after December 31st to complete
the thirty days authorized by such license.
Section 20. Any person who shall violate any of the provisions
of this ordinance, who shall operate or continue to operate any
sale by auction as referred to in this ordinance while the suspension
of any license issued under previous ordinance is in effect, or after
the same shall have been revoked and held null and void as herein
provided for, shall upon conviction be fined not less than 825.00
nor more than X100.00 for each violation, together with the costs
of prosecution, and shall be imprisoned in the city jail until any
such fine and costs are paid, provided that each violation, and each
day of any violation of any provision of this ordinance, shall con-
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stitute a separate offense.
Section 21. If any section, sentence, clause or provision of this
ordinance shallbe held to be unconstitutional or invalid for any
reason, the same shall not in any manner affect the validity of any
other section, sentence, clause or provision of this ordinance, it
being the intention of the Board of Cor Ttaissioners of said city to
t adopt each and every section, sentence, clause or provision of this
ordinance, independently of each and every other section, sentence,
clause and provision thereof.
Section 22. That Ordinance No. 4394 of the City of Salina, Kansas
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and any other ordinance which is specifically in conflict with any
of the terms or provisions of this ordinance be and the same are
hereby repealed.
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Section 23. This ordinance shall take effect, and be in force from
and after its publication in the book of Revised Ordinances of the
City of Salina.
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Introduced, September 11, 1939
Passed, September 18, 1939
Ed Morgenstern
Attest; Chas. E. Banker Mayor
l City Clerk
I
STATE OF KANSAS )
SS
COUNTY OF SALIT:E )
I, Chas. E. Banker, City Clerk of the City of Salina, Kat sas, do
hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 4951 passed and approved by the Board of Com-
missioners of the City of Salina September 18, 1939; and
-a vote on
its final adoption is found on page Journal No. 1�.
I
1 y Clerk-
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i
shed In the rook of Revised Ordinance., City of 6a'_', a
relatin- to and reculr_t,ln- s -1- es by L i t f
cert ir, _',,nus of nev, a,171c. unused merci - r.r to
L n-
f.,ro, rl- �fuj_atl_n�:, t,,.,c, c�-J7, _L i tr-_:Qe o-
occ t rl of'
aucti-ons of for axl( �j
p r r _Jjj'j n
1-n
a, C 071 S 6 f .0 r S-u C ir� au c tion I c s !_;,na C) f U.
.1. pro-,�TiP�21n,:, p 1-1 n 1. 1 t s for i "
tr. ode o 1, o (� c u,-),-. 4 -on -
n c v i o IL J4- o n of t 1_1 6 p r 0 77 -'1- S 011:1 S of t f :, i s c ne, n c e an a
re- -
I i n = 0- d J n, ,-,i c e o'. f t:t,c Citiof" -a 1 i
� ii ot,lci, orclin,--Inces or ,rts of 1-1 confl' _!t
��'J_t`l thin ord-nance.
E iT J 1,-D -by the 30- ra of C,,,,DmrA Ss sone:
S�in
�LCi_,Jv;
r t-. c, ora "person" P,_s usedthis ord'in.-nce
J V,hereve G
s dr
s-YIall be deei�ieCl t,,? refer an(! rei-ate, to .0 an7 oers-On
r t� r s 1Ii- p o r n. e-mber thereof, or cor-�:or!-tlor. oofficer.anofficer.
or e 'ri,)ioyee thereof.
LC L J It sh a JLJL b e unlay.T ul f o r ,sny aF r son t o C
bi:Jca.-Llin;�,, trade or occu�,,)�t- -)n of oiler_ - 1_. -Lr., T or C -)n,
s ti E s 51 -
a.. srlie by auction of any ncli: or unused merch'andise-in the 1-1
t
Ofsilver,
Y L) r e C 111 or
,:-- I
w;:�.tch-es, cloc.'- or �my other Jewelry,
fu rr, i t,-, r e C', IT Q IT,
-9_(� Ri li�i
Aq Ix 8r us. -- I a f�� AVO or 0 r .--tc,,rc al se of
an-,. S-,Icj:-, JjuC,,ici--._L ��%les 'tLs be 'held accoTIC-11"M-1
'der the order of so�nc, c,)-,-irt �D f c:)- P t er t ju ri so i c ti- on
to 1 a V? un L
Or exce,A a 1e by virtue of p
renu'Lne fa r 6- bona _711 -de c-Ct .ttel
h las b e cn to secure zenuine 7�n( b)n,_ 1'ioe
c,ebt '_
1 ich is actunliy in aefault,, Unll, S2 1--i-e per��on
v?i
or !a-uction st:lie srr-Ij- "irst pay the License fee
anc, secure ,a I icerLse tr-1c., efor as h( pr,,) is Ec.for
coply all of the provisions r e 1 t Lir
to
-rnc r Ij_L
Fe
ZL, _tins , - -i - i� --, se jj:
tj)C, -
�eciir__n, of suci �2
lice E, o,
0 t;'lis i S
:_n auction t ion s c: F_ s in Ord -J_ n `: n c e
provirea fo-r
TVo license as herein jr--)-vioea f) --
be issueP6 by the, Cl.ty Clerk until thcr_-i-pjjC=�-24-
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City an as !nerein,i.ft(-_- p:,ovLoed
for and a true and correct det�`_lcd Inve-, ts, r,,, o rclhanc..Ise
pro )osed. tc) be F,-)lC-LL �_I,t such suction sF i Ps -s
pro ?
anc, st'-.1L a-e2,0sit, VJ_t1i the a __ilce_-nse fee,
'el.j,E"n ziy -License _L,,s1jeC_ t-) slic'n,
s"'Inill !Subject to the restrictio-(-!;
set forth, peri.iit tne liceto�ee it any n u c license tP.D C-)n,,juct
(
Pnu such auction s2-ILe for a o'f t'Arty dDws after
the acate of t c issuance of such _;_Cease; provided 'ro..vPP-,r ��IL
th
no lice -rise sh,-.11 be issuea upon �_,ny Eucj I a.p;li_t tion �.e.unt-1-1 -fter
s u c D )T) i ic,_-i t ion h, --s been on file In Vas of f' -e C*,..7, olc;j-i;
for L-, j)erlod of forty day s. .Y
)7
1,J 4: T'Je 211),D1lc8_nt for suc)l a. liccnsc sh-Al- fii,�, 1,��+-h
is -, J L,-,- .1 - 1 1 -1
--p - iica'*o, �� true anc correct det--,*ied imvent.o-y, j n 7
t,_ fF- ��rttcles-- oro,osed to be sola -it sai•- by ^U(A
in !.ai,
t
sl_,'�,11 c, - . .Ise h
suc, ciescr--"bed in E, C -1 n eto- o ce�
-ive-_ a number. tic-' S' f)rt,'0J 0 -, i t e ^t]_Ons
, p E, C s_1 o
Of SlAcl" arta cles in said inven -_)re se-i--l.t�-n -
the actu;�L cost p -rice, t',-ereof tr) hifn. -The E 1) oii C.
L
L
h,-- �,ui verifythe s<_ i s �. _p1_� t on b -,r his' pers(_)n-i o,_A111 or
f -
In case t' -c l_icense is zranted, I PC ice[See trust
befor�_: t�le
Lnniri7 of such auction s--Ic att7�c-,�, t.,) sucl--� -les
a card o-- ttclv,et nj.mber of o o ai,t, eiv_,,�, s ed
J_ C! S described,
nrt C
set opposite t'. E:, descrip-,,lon o= t j-, e , L,t
i cles rich
correspo-na 1,,.-ith the code or t1c'ket numbel, forts
- 2 -
�-LCTI )N 5: The for suci-I a license sp j,
set forth t
foilowin,g:
(a) Tti-,e r-esdente, ac-aress, ci bus r=O.Gress o t,ie
cant.
(b) 11"Ir.e chnrE-cter of busIness j '1 4 C -gnt �-,,?s bee- eri-_- fed in n
tree t,Pj ye- — - �j r4 or to t; e
(C), `.".",et'ler V1c pro,)osed aTiction is to be hc,!L- -it tI-)& s
n
exJI-Et'-a�-: i:egul -rL,r cst,,-ab -shed place of b,�slncics
rez-ul,.r bus`ness h!7.-, s been, oDerpted fL-)r
- u ie--st one vF.-,-
prior to tne apl,iicAion.
(a) The name ay)u adc-l-ress , C
r ce
conauct-*-n,-, t�-�e sai� s,--ALe by auction.
(e' ',,-hether t,. --e ---,,,,-)jplic�nt vji be oreseot at arc_ in non+-_ylaouC
atteno-ance, at s-tI6 sple by auction.
U -- I , C, -*- se p r j o e eto
eti-ier y a d! t� ons to tl�,- �, to c' o ere', -),,a
be sol , -J. e.t -s'ald srile- by c-,uct--',,jn h!ve bce7,, M,:de ,Lt.hin a of
U
fort:,-JrIOr
to thL GL.te of r1pplicat-i-M., la i -, S,-) I�e S.
fornis'n a in-.7entor., thereof corgi taInim- .-ii eet.,,Jils es in
the inventory recuired.
(�) ';;net-1her, after fiiir
_:� 4-
sa-d a,.., on u n t i I t1h of
s sale by auction ma'rr-e any aCcU*on-L, or 1)(--n-At
any dditions to be m--cle to the s.aDc-71 stoc`--, of described
in re, --;u . -red --n-.7eintory.
(h) i th =r '.-le has cDncucted cir
a-ucL-*.,Dn �'-thln P. -)er!-D(,! of five
anc, iY so., ;:hen and ir.here.
cru tired a ed to be helany Es DY
,iea.s orior to sa..'L-C-;- a.-..)plic,--Rion
(i` �-,hether -applicant h,, --s omecl or c-)n(�ucted -,,Lthin one
./o, r �?rior
to the sall.b.
;:,ny other st,.irE., 0- 1-5lace 3- b,,) E, i!_
t' -.c, one me-111Limea as nis regijj--ulace of busIness lin ti -e
and it' so., i,Tiere suc"_q store or stores or .,)i�=ce or A,�ces of bus*lness
v, e r e loc--Aea an�-I the c..ratter of business oiler= -ted in cat
lie Ehl-a".1 stl�te vlctner Lie v.-iil himself, -a--ta er he11
i
all others particle -t-*Ln,,�.in tl-��, con,�).uctin,�-- of selc- ;proposed
sale by -:action to., trIjj-7 correctl�y, re,-)ri�senf at 9' - -
j t Ii times
to aIl p(-rsDns _:,tteriain- Such auction,
V-6, <-ct-if=,L fact� In res,--I,ect
to
� n
-1 L d correct
''-nel-'Ier he 'has attrac7l--ed to sr-,,' or 1, 6
det--ii1ed inventor,, Of t'Le stocl-- or Y,)ods, 71 -.-,,,-:-res nercnle-.!,,rise
l�roposed to be sole_ --t saiu sale b,auction. 1-c, c-,--spc the
art,L--'Lc-- in sai,a I-nJelntoltD be ='lven a number, tic h -s
e t
forte o: 0 s. I t C- St I Iles t- c . acts -i- c to s t p^i c e t' -)
�-ef to
he --,rees in c:7, -se r. 1-1ce,.-tse is r,,:3nted, to
tilt _ch to is articles - card or ticket o _-, --,D i 6-
en.6'orsed t'jere)-ZI c)rre-,-tons, -n- to the nve-,-Ltor-,, number.
tl-16 a,DPlicc-j-t or any person he, proposes to use. -�s
&UCt4
-Loneer or o'her
her eraplo,yee at the proposc-b- aucti-m
-)n of -.ny section of th.-i:z orC-'n-�Yce t'
convicted o' viol ti,, �� *
I.In
t,!,ro ye,-irs
prior to sal d_ a:-plic�)tion.
a- iicant or any p�rson he nropo!:,es to use ?s
P i) L
auctioneer or other er.,i.-,jloyc%e q.t the proposed a,,iction. -,ale
in .-:L-Ll res I pects c-o-caulyil tIn all of th(- -r-)visignsre.-uire-i-,ients
-ace rel.�A.*n-, L.-) t`e c-)nduct of am uc�� auction sale.
Of this orcin y s t
'7
6: i1�(-) sucl.-I auction c
,—e --re any sucli eaction s7, -Le Is bE--.,in.-- heid, be ope-la flo-r b_Rsin( ss
bet�,ee--i tl-le hours of 6:Jj O'clock in tie evening -nC, oyclocIr
the iio*rnin�_ under any c--rcumA-f-ices, nC- no license
2 -i -ICI) o-penim� or tl::e s,- -;e oI merchp-ric.-ise �_Jt sijc-
o- business betwee.-i s-u6c, ho�-)rs.
6'f- 0 T I j -,,j 7 No sale by auction to v�hich thi.-- orCi*.nance rel-tes
s 'r- - - - -) ri t'l-)
1 L h, e cid or lice�-jsed t- be '-eln in !J-,- r,.- -1
ted
Z�Iic; i-10, SUC- SF, -'IL- ' Gy f��ljctlor be Licensed o o to be
L6.1- I3r - )crloc, -)f -more th.n V-Iirt-.7 tc__5. Siin'-.`.'TS ,)( LF,'-
holy y s e�. c e - ted. E; --A tl-iir-, tdays she -11L be consecu t-Lve except -L
as to Ej-un,, y s --.i-a le( -al holiday -ay th -)n'hs ane. eyccl. 71 e,
of Leceloer., from Leech oer first to iece-.ber t--,irty first., 'mc'Lusive.
&i,C;Tj-jLu 8: No license for any such sale by auction s'�iall ml-Ier
any circumstances be grl--nted to any f---rw or cor"--Io-I.,.tion
or to aaay agent or afLIi-te of or of, or t-) an,7 I'l t r s on
�2cL'n:7 f,)r any s-Licil person,, f4 �r-m or cor-`Or-,tior, 17. n a eriod
of two years after the t6r_Lin:-',.!-on of s-uc'-,-- s, -,,,Ie by in t' -e
CI-ty of �L-.I-ina by -j.n- --ucl,, p,�rs-)n, f'-rl-q or col.- d
s
r conc.-,jcted under t.-,-: s or,. 'nance, or
Ao person to"ho has been convicted of viol,-,t,in,- any of ro vD(S
of t :is S--d-Lj- be �7,-,,rted a license or c t aly-tioneer
or be employed in any iu..,Ynner ,j- or in cm!-IE:CtJon v-1th any sf:lle
by aucti,--)n liceased or h&ip under t; .,e -)f tKis orC.n-�n.ce,,
or to ti..,is ordina-rice rel,�,.tesl for der'-,Dck ofrs
j
«fter suet c--,nv:,* coon.
9. ivo to v! -,an 1,ny such -License is is d
auctioneer -,y sucl-::,-;-.ction lE, nor -.-rty p:rsx,-,
SUc -licc-IlSee or hf:;vIm-; aii.v connection of
.,nY Klf-K, v—th -,-uch
L 2- c. for s- ie �7t
Lluct.1,0n s,�-Ar�, for my o'�fere L
ary Suc'-----,ct'on, a.,jc- i:io )&rson S J. ,11 act at --ny s-L5cl,
as a bye-bi-oder, or vd.-.t is c-)i-f.umonly kno,,n -;s'RCA.: pEr'it�tt�CJStE,rtt
or 11--hLier" or o_" Ler or any a'..1 -se b-1.61 or ot"Ler zy F-,:;,lgp- bid_
too-uy or pretend to -buy any art--c-LIc sold' or oi'fer6d �-,t f-:,tly Flich
sale by _auction.
vLULL'iIj 10: 1.0 SUC'I] Sale by auction sl( -,-,ll be licensed or pr--i-I-dte.6,1
e.-,cept it, be hl -la t! t exi,- t4 n.- -)l, cc- of
bijs*-ness of the a , xiliemit for such licelise, ,.,.nd ,--t the p1c.ce n, e r e -1 n
t C- reUl-r bus nes- oc�uca)
-,sf n �)-nt. nlicabee.,�k'
e r 10 L of e.- s t one y e J -D :- to tie filing_ of t h 0 p'is tion.
L
'v.JrIeLICver SUC: -_Jlcenseu- sFie by a-uct.L-)n is
cona-ictec" the person to the lice -Ise h�,,s bec_r_ i;cd on t
is F,, oartnership one of iic-�-tbers ti -_ere -)'Ll DI -I -. -1'
-)-�
cor'.
-_01--t one of officers thereof, s,,- -11 rc,, 1. -in its , c atinumn c e
att -- - -t, -s vj',,i'F suc", sa7e by is c)E'._7=
cad,--,ce at all t2-vl - - I -- -
y
con, --u eted ala sn -,11 be resoms L ble f -)r viol -IL-Lin of �:1-117
of t"-- t
__ I�
V4 2� of i Dn
O -L 0 T -- L J L�` : L i.aJL n :r E-, -,n y Su -c:.. s I - e by --uction, no
d
e EA 'Orthin, t�.C-
eve---- -,il be ;,i�-)ae to t;_6 !z toc.'e- o t- Cllr`rcr�E�, C
-mve,.Aory att-c,_ed t-) tIrc: ay(-)'JcAlon for 1 4 C -,� E�
be offered for or solo at alnys�,c-i s,-,-i.e Ly auction is
not described In or -C..-Lch is �OGItion to fA-.,-I of merch-,-I-ic,-!-Se
6-escribedL :-Ln inventory, or lv^-Ach has been ac.deb to te
cant'„ stocl<- ',I -t] -,in of forty C—ys prior to th,. (�--:,Ie of
j,e -L.Lin-- of tjl-(-- ap)lictIon for Such license.
- a -
EMIM M: No licenEe shallbe grynted for any such sole oy
auction if it anpcqrs th-t t anplicM or Pny nyenL, offlYnte
or Pssignpe of the applicant or other person. for him, hus Mthin
a jeriou of two yeers y rior to the date of the Min; of the,
a�)plication coaaucLed F similar snie by auction in the City of
C'Uina, Other anger the provisions of tits ordinance or othorrise,
an either in the sane place of business or qt sny othar plgce
witain the City of Salinr; provited hoTever, Mgt this section
shall not Pgply to a dulj licensed auctioneer Y,�o has a culy
established EAw licensed auction room Thich operpted under the
provisions of any othnr orKnonce of the City of Salina.
OWTION 14: At all such sales by auction the applicant and all
persons participating in the conductinF of said sale by auction
shall truly an? correctly report at all times to the public
attending such auction, the actrol facts ire res-,ect to the
quality of the merchandise offered for sale.
EhCTIJA 15: No person stril sell or offer for sale at any szlc
by auction 5ny goods, wares or merchandise which has been falsely
described, or concerninE which any untruthful strteAzzt :_cs been
maue as to cIpracter, quality, kina o7 description, Hthcr in the
application- for license and the inventory attached thereto, or
durIP2 Ve continusnes of such auction sole.
VECTIM 16: The licensee who sh2li conouct qny sucY suction sple
or any 2uctionaer or other persDn or employee of such Licensee, snall
Keep a true and correct record of all Frticics of nerc_an dise soW
at cny sucy suction salc, Lid no article wnicn has once We colt
at such inction ssle s'_ Ili Fcaln be solo oy offured fir s,Le -t the-,
spac auction sole.
WMIDA 17: if, curing We pkrlod of forty asy& follonin, t filing,
of the apyUcEtion for a license as reqnired by this orainpnce,
it nas not been made to eopcar to the City CUr or to the 3o ...•d
of Commissionsrs of sLid Cit; QU any of the state�ents h"Ge in
Ve ay;McutiJY? for a license Lre fnise, and if tke stptements
contulned in said ngplicstion, and es sworn to by the applicant
entities the a,plicant to a lice. Ee under Vc proV&osis of this
orking nce, the City Clershall issoe to suplicnnt thr�
lirense to conruct such P sale by Auction, of t4w Aerchvw&se
aescribed in UE inveDtory Ettacbed to his clic tion, for a
perial not to enceed thirty consecutive days, exclusive of Funcoys
and lugal holidays and exc!uFivE of any part of the month of December.
"ECTION 19: it shall be the duty of M Chicf of Palinc of the City
of Minh, or of any other officer or Hmoloyce of tll e city nsslm&
to sue.- My 5y the City Manvyer or by the Chief of Police to
inspect and investiEate any aw every k stocor stocAy W mErch-7dlse
rich iE We subject of any application for _gin suct'on spin ns
drovided fir heroin or wrich is being snic at any auction E.
licensed umcy te provishans of Vis oruinace not report to t"
City. rp-yer 0�tvcr or not tM proviVans of Vin orWrance, ru,
bein7 con lied with,fth respect to the mercbprKcr licansw to W�-,
S01A or b0na oMered for srie, or ,it regard to fraud or de-
ception, or fraudulLnL eno fnise stynements or ad` e-tAsInZ.
EMMA 10: The City Lvnnzer OF Uk City of oplins is Wreby
vcstej -iQ nutKority to teopopErily suspend tre issinnce of rny
license for sale by auction wAvnLvcr }mac avy beliuvE th-t try
of tho provisions of tQ2 oidVace WvE ueen or ere b0n�,
violc_t6c.J' ELin thnreuoon n'propri-tc proccedin. Mall bE A.MqW
Porth�ith in the Police Court of seid City, for We nilegeo violvilarl
of 4ny of the provisions of this ordinance, ino in We event Fnio
proccedin & rEsult in tU conviction of thR Mcensew o� of any
nuctioneer or Pcoloyce of sy'd iiceEee3 of any pvrEon FnImed in
or the c-)nC.u,(,--.t of s a:i I c n s c s
U e C,-xne p -_ �lacritly null vo_Lc_; othcr,�,4__-.e tle F--usoens,,1,)-_,,
_rL
b c a t 1-1 e., 11 10 d t e I J cense V�:-c-re'-j-ton rc-; t r
0Y -lict-ion p-roceea until 1 4- h s been. open fo
of thirty dp--,,-,s but sucl, &,,,-_Ll not P ro c e ec.
a -LI #-ont'-, of T'ecev-berl but n proceed
-ft p 1,
to CDralete tIc ti-irty days authorized by sucll licease. 11 V
r 'r SiL_
Y 0 e� -)r wrl!"-) Sr_" �j_i �,�ny of'
continuo t.,) ooer-Je c,�n'7-
spic b,, f&uci-
ton r�-.--fF,rrec, to'in t'!J_s or `n e t' -ie
e
d
of any license issued under previous 0_._.aim,nce is
e -) K
effect, af ter t[. I _L
s hrzve been 1- w i ed rn rt( --l0.
nu 11-1, vl)-! ---s herein ,)roV1 &CCZ fo---,, sfl��l
be fined not iess t-:-,arj It _1 "I
nor _,j_- Eac,,
vi 71 ation, toYether cDEts of jr.-9se.'Cution,, -.n_ s,"11
be in th(_ cit -1, jall unfl_i _-17T -U Clr-
fine
are j)-.il,
-07,Jaea e��c. v*ol�tl
r , , -7
F -; c C, o f n
Viol, tion 01' ---j f 1 y p r o v Dn of tiis or.
se ---T. -,te offerse.
Cm�
,D.L, L-Jlv -I: if any section, sentence, cr Of t',_ -"_s
U
I C i-, 1 -)n ti tu t! onal Or 4.n -v`'___1 _
c to L) e u n c
anT,
-.1y s., or, , t`- ( Sc, e, s not in axi- in!, r ff e c.
of -n-,T ot_1,1r_:r section, sc-Itez-1cc, C,
I I- � - I C D:tiroT,T1 on of ti.is
orcli-na'acc, it in: -cf-A'. )n of tt-,(:,, Lo of Gon..is S F r E
of S C jv to rI ;n(.. every
S E, C t 4 on, sente-cc-, cruse
or provision of
vl tis inaepencently o.f el�.& every
other section, _e i t e,, c 6 C ij >e n I rF of.
4 /7of 1 -n s
7n,-1 qce of tye
-ray otlier oru*.n,� ice a'TAC-1lspec,_ _-c_ i1, in co
_I
any of t',c ter -is or ,,rot. __. _ons of thl, o r Ci
r'repc-led. n,_m c e U
re
Thl S orcin -.ince c)ffc%ct YIC I)e
'-fter its in the. book HCvi_sC-,Cj
Of tl-ie City 01-
1 n t r -) ai.-A c e a September 110 1539
S IS E -CL September 10, 1039