HomeMy WebLinkAboutORD 74-DAN ORDINANCE.
REGULATING AND.: RF�ff ' ING- A ;FERMI;'.°FOR AUCTIONEERS ''IN. THE
CITY OF BEAUMONT:''Rtki11'°IN'C THE FORM 'OF APPLICATION FOR SUCH
PERMIT: FIXING. AN ANNUAL LICENSE OF FIVE .DOLLARS - FOR THE,
OCCUPATION OF -.AN AUCTIONEER: -.AND DECLARING AN--EMERGEffCY:
BE IT ORDAINED BY : THE CI -TY . COMMISSION -OP. THE CITY OF
BEAUMONT:,.
: SECTION L'. -
rhat;.it shall hereafter be unlawful for any person to pursue
the aecupation of auctioneer or' to conduct any auction sales of
any kind where -goods. are ''exposed' for sale; at-'pubiie -auction; to
the highest bidder- in the .City of Beaumont without, firs - making
application - for, . and receiving -from =the City Commission, a. permit
to pursue siuch.oceupat oa, or to aonduct such sales, The
applidati.on . above required to pursue the occupation of an
auctioneer shall be "in voting acid presented to the City Commission..
ata regular.meeting by the.applioant in.person, and.shall state,
the name and age of -.the ' spplicant, where' -.1e has . resided. for, the.
past twelve months; his _eiperience,-,amd, %iiELU-.fie'ation as an
auctioneer., the.: character of goods, 4a.res or merchandise. or other-
" articles : or things that he proposes to eri.ction or sell .in the City
of 'Beaumont, the place or places. he proposes .to aonduct -such -
auction sales, ".for whom- such auction sales are to be conducted,
the amount of .property .oa:ned by such applicant' in the .State of .
Texas subject . to execution- and the .-kind and location of- such
property. After due. consideration of such application, if the'
City Commission finds -that .such applicant is a -person of good
moral character and is aqualified and fit person to conduct auction
sales, and has property subject to. -execution in 'thi q, .State sufficient
to vespond in -:damages at the .suit of- any person injured or defrauded
by such'applicant in conducting such ,auction sales, and t hat conducting -
auction sales at- .the place proposed by the applicant. will. not cause
undue obstruction and congestion of traffic or a,-inoyance and incon-
venience -to the publ3:c., 'by reason .of =the congregating, of" persons at
such place, or by reason =of loud or obnoxious noises,, -then -such permit
shall be granted , but . othe Avis a refused.
--
Such permit may 'b_e,.revoked by the City -"Commission. if at :ai1y time
after due' 'investigation:.and -hearing it -finds -that any person has
been defrauded by such auctioneer in ,the" conduct of any_ auction
-in .cas.e such auctioneer c onducts., any auct ion sale or
sal -es"= in a disorderly or unlawful manner:
SECTION. 2;
} Upon receiving .a permit from the City Commission, as -.above
set forth, such' applicant.- shall, . before pursuing the- occupation
of auctioneer or conducting any auction, sales, apply to t:he City
Tax. Collector _ for" -a .license to pursue such occupation in the City
of -Beaumont, which lioeris.e shall be issued to such.= applicant by the.
City Tax Collector upon payment of an annual. license -fee of five
-dollars, which license .shall be -.good during 'the calander year in- _
which: issued. .
SECTION . 3:
Any. person. -pursuing the - oaaupati on -of auctioneer orAn in any
manner conducting any _auc.ti.on sales in_ the City'o f' Beaumont: viithout
first complying with the requirements of this Ordinance shall -be
deemed-'gu4lty of ,a misdemeanor and 'upon conviction thereof -shall be
fined :. in any sum not - � exa.eeding $100:00:
SECTION 4..
This Ord inane e shall not , however, apply to judicial sales by
executors or administrators, nor. -to' sales ' by -trustees or assignees
ander the.--terms-of the -instrument ander which. they ,exercise -'the
power . of" sale, nor to sales by or on. behalf of ..licensed ?awn brokers .
or unredeemed, pledges ' in the m2rner provided by law.
2ECTION -5. _
The .fact that there is no' law or ordinance in the City of'
gu ng auctioneers,
:Beaumont re lati
and t he'fact: that_:th:e_-public is
being annoyed,: .inconvenienced and defrauded. by -unscrupulous' and
irrespnnsible -auc.tioneers thereby endangering the :safety and welfare
-of the -public creates- an, imperative public emergency necessitating
the suspension`=of the rule requiring ordinances to '-beread .on three
separate days -before final passage; wherefore such rule is hereby.
suspended . anal .this .ordinance shall take 'effect from and _after the
date of its passage*
gassed by the , affirmative vote of all members of the-
Commission
he
Commission this the 16th day of October,