It shall be unlawful and an offense for any person, persons
or corporation to sell, dispose of, or offer for sale, in the City,
at public auction, or cause or permit to be sold, disposed of, or
offered for sale, in the City, at public auction, any gold, silver,
plated ware, precious stones, watches, clocks or jewelry, whether
the same shall be their own property or whether they sell the same
as agents or employees of others; provided, however, that this section
shall not apply to judicial sale or sales by executors or administrators,
nor to sales by or on behalf of licensed pawnbrokers of unredeemed
pledges in manner provided by law, nor to the sale at public auction
of the products from farms, farming implements live stock, household
goods sold in good faith from private homes on behalf of persons who
own or occupy or have owned or occupied such private homes, stock,
bonds or other securities, real estate, machinery or equipment not
to any sale at public auction held by any church, charitable or fraternal
organization, nor shall any bond be required of duly licensed auctioneers
who have been or whose immediate predecessors have been in business
continuously for five years at an established place of business in
the City of Weatherford prior to the adoption of this article, nor
to the sale at public auction of the stock on hand of any person or
persons or corporation that shall, for the period of one year preceding
such sale, have been continuously in business in the City of Weatherford
as a retail or wholesale merchant of gold, silver, plated ware, precious
stones, watches, clocks or jewelry; provided, further, that such sale
at public auction of the stock on hand of such merchant or merchants
shall be held only subject strictly on the following conditions:
1.
No person, firm or corporation shall dispose of any goods, wares,
merchandise or property at public auction, except through the medium
of an auctioneer licensed to conduct such business by the City Clerk,
nor shall any person act as auctioneer without having obtained such
license.
2.
Before any license herein authorized shall be issued, there shall
be executed to the City of Weatherford and filed with the City Clerk,
a surety bond in the sum of $5,000 conditioned for the faithful observance
of the laws of the State of Oklahoma and the ordinances of the City
of Weatherford.
3.
Any person desiring a license as auctioneer shall make a written
application at the office of the City Clerk, giving such information
as the City Clerk may require therein.
4.
The license fee shall be $200 per annum, payable to the City Clerk,
and no license shall be transferable. All licenses issued hereunder
shall expire June 1 after issue.
5.
Such sale must be held on successive days, Sundays and holidays excepted,
and shall not continue for more than 30 days in all, and a period
of at least 365 days must have elapsed after the conclusion of any
auction sale, conducted either before or after the enactment of this
article, before another auction sale shall be commenced by the same
merchant.
6.
Such sale must be held only between the hours of 8:00 a.m. and 10:00
p.m. and at no time within the hours beginning at 10:00 p.m. and ending
at 8:00 a.m.
7.
Not more than 15 days nor less than 10 days before commencing any
such sale, such merchant must file with the City Clerk of the City
of Weatherford, a statement setting forth the name and address of
the merchant so intending to conduct said sale, the place at which
the preceding year the merchant has conducted his business, the date
of sale, the location and purpose of sale, the probable duration thereof,
the name and address of the auctioneer who will conduct said sale,
and the inventory showing in detail the quality and quantity, and/or
grade of the goods, wares and merchandise and other articles proposed
to be sold, and stating that no items or articles belonging to any
other person or corporation than the said merchant are included in
said inventory. Said statement must be subscribed by such merchant,
or an officer thereof if a corporation, and verified by the oath of
such merchant or officer before a notary public, or other officer
authorized to administer such oath.
8.
At least two days before the commencement of such sale the auctioneer
named in the foregoing statement shall file with the City Clerk an
affidavit subscribed and sworn to by him referring to said sale at
the time and place named therein, and that he will keep a true record
of any and all lots or items sold at said sale, and the prices obtained
therefor.
9.
Within 10 days after the conclusion of said sale, said auctioneer
shall file with the City Clerk a report showing all the articles so
sold at said auction sale, and the price at which sold, and certifying
that no articles which were not included in the foregoing statement
said report to be subscribed by said auctioneer and sworn by him before
a notary public.
10.
Any items or articles not set forth in the statement and inventory filed by such merchant in accordance with the provision of Subsection 7 above shall be sold or offered for sale at said auction sale, and all articles so sold must be sold as the property of and under the name of the merchant so conducting said sale.
