The URL can be used to link to this page

Home My WebLink AboutORD 59-CCV AN'ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 7-1 OF CHAPTER 7 OF THE CODE..OF., ORDINANCES, CITY.OF, BEAUMONT, TEXAS,, RE- �QUIRING A LICENSE FOR THE SALE AT PUBLIC.AUCTION OF JEWELRY, DIAMONDS OR OTHER PRECIOUS -STONES OR SEMI-PREC- IOUS STONES, WATCHES, CLOCKS, PICTURES,.PAINTINGS, GOLD. OR SILVERWARE OR PLATED WARE, TRUNKS, SUITCASES, CURIOS, GLASSWARE, PORCELAIN, OR BRIC-A-BRAC, BY PROVIDING THAT. SUCH'PROVISION SHALL NOT APPLY TO AUCTION SALES EXPRESS- LY AUTHORIZED UNDER THE.LAW OF -TEXAS OR THE UNITED STATES; AMENDING SECTION .7-2.OF CHAPTER.7, OF THE CODE OF ORDI- NANCES, CITY.OF BEAUMONT,,TEXAS,'PROVIDING FOR THE.APPLI- CATION, ISSUANCE AND'DURATION.OF SAID LICENSE, BY.PROVID ING THAT. NO LICENSE .SHALL. BE ISSUED. FOR. A. LONGER PERIOD,.' THAN SIXTY (60) DAYS; AMENDING SECTION 7-4 OF CHAPTER 7 OF THE CODE OF.ORDINANCES,.CITY OF.BEAUMONT; TEXAS,.RE- QUIRING THAT A SWORN INVENTORY BE ATTACHED.TO.SAID AP- PLICATION; AND PROVIDING THAT NO MERCHANDISE SHALL BE SOLD AT SUCH AUCTION EXCEPT THAT'INCLUDED.'IN SAID INVEN TORY,.BY PROVIDING THAT EACH -ITEM APPEARING ON SUCH IN- VENTORY MUST CARRY.AN IDENTIFICATION NUMBER; AMENDING SECTION 7-5 OF CHAPTER 7 OF THE CODE OF ORDINANCES, CITY OF BEAUMONT, TEXAS,..REQUIRING-A BOND BEFORE SUCH LICENSE SHALL BE 'ISSUED,,BY PROVIDING THAT SAID BOND BE .IN -,THE SUM OF 45,000.00; AMENDING SECTION 7-6'.OF.CHAPTER 7 OF THE CODE OF ORDINANCES, -CITY OF BEAUMONT, TEXAS, ESTAB- LISHING THE LICENSE FEE BY.PROVIDING THAT SAID LICENSE FEE BE IN -THE SUM OF $5O.00; AMENDING.SECTION.7-9 OF CHAPTER 7 OF THE CODE OF ORDINANCES, CITY.OF BEAUMONT., TEXAS, PROVIDING THAT.A MISREPRESENTATION OR SUPPRESSION OF FACT SHALL.BE,UNLAWFUL, BY PROVIDING THAT THE TAX ASSESSOR AND COLLECTOR MAY REVOKE THE LICENSE OF ANY PER- SON CONVICTED OR A VIOLATION OF THIS SECTION; AMENDING SECTION .7-11 OF . CHAPTER 7 OF THE. CODE OF. ORDINANCES, CITY,.,' OF BEAUMONT, TEXAS, REQUIRING.AN INVOICE TO BE GIVEN ON SALE OF CERTAIN ARTICLES, BY PROVIDING THAT SAID INVOICE. CONTAIN THE.IDENTIFICATION NUMBER OF THE. ARTICLE SOLD. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: That Section 7-l'of the Code of Ordinances of Beaumont, Texas, is hereby amended,to read as follows: "Sec. 7-1.- License - Required, exceptions. It shall be unlawful for any person 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 at public auction within the city, jewelry, diamonds, or other precious stones or. -semi-precious stones, watches, clocks; pictures, paintings, gold or silverware, or plated ware, trunks, suitcases, curios, glassware, porcelain, or bric-a-brac, whether the same shall be his own property or whether the sale of the same shall be made by or through him as agent or employee of the owner thereof, or in any capacity, without first complying with the provisions of this chapter and-obtaining.and having a license from the assessor and collector of taxes of the city, and making an application therefor as herein provided; provided, however, this chapter shall not apply to auction sales expressly authorized under the law of Texas or the United States.": w V. f II. That Section 7-2 of the Code of Ordinances of Beaumont, Texas, is hereby amended to read as follows: "Sec. 7-2. Same - Issuance, duration. Any person desiring to hold an auction sale or sales for the ,purpose of the sale of any of the goods hereinbefore described shall make application to the assessor and collector of taxes as herein provided, for a license therefor, and the assessor and collector of taxes shall -issue -to any such person a license upon his complying with the terms of this chapter, such license to be made for a.period of time to be,designated there- in, provided that no license shall be issued for a longer period than sixty (60) days from the date there- of.', That Section 7-4 of the Code of Ordinances of Beaumont, Texas, is hereby -amended to read.as follows: 44Sec. 7-4. Same - Inventory. The application for a license shall have attached to it a sworn inventory of such goods to be auctioned, describing the quality, quantity, kind, grade, and trade name of each item. Each item appearing on such inventory must carry a separate :number for identifi- cation, and said.number shall be set out in said in- ventory following the name of the item to be sold. In the case of an individual, such affidavit shall be made by him as such; in the case of a firm, it shall be made by one of the partners; and in the case of a corporation, it shall be made by the president, gen- eral manager, secretary or treasurer. No merchandise shall be sold at such auction sale except that referred to and included in the inventory made a part of the application.t" IV. That Section 7-5 of the Code -of Ordinances of Beaumont, Texas is hereby amended to read as follows: "Sec. 7-5. Same - Bond. All persons desiring a license shall, upon complying with the provisions of this chapter and before a license shall be issued, furnish a bond to the city, duly exe- cuted by such applicant as principal in the sum of rive thousand dollars, which bond shall be payable to the city, at Beaumont, Jefferson County, Texas, to be ap=_______i proved by the assessor and collector of taxes,,/and shall be conditioned that the principal thereon shall pay all loss and damage which may lawfully be claimed against him on account of any material misrepresentation of fact or material suppression of fact concerning the merchan- dise to be auctioned at any such sale, or which may grow out of a violation of any provisions of this chapter. Such bond shall enure to the benefit of any and all - 2- r persons who sustain any loss or damage on account of any such misrepresentation or violation of this chapter, and any such person sustaining any damage or loss may bring suit in any court of competent jurisdiction to recover the same, and the provisions of such bond shall be construed liberally in favor of all such persons sustaining such loss or damage. All remedies upon or under such bond shall be in addition to and cumulative of all other remedies the parties may have at law.or in equity. The bond shall be executed by two or more good and solvent sureties or by some solvent surety company having a permit to do business in Texas. Cumulative recoveries may be'had on such bond.to the full amount thereof." V. That Section 7-6 of the Code or Ordinances of Beaumont, Texas, is hereby amended to read as follows: IfSec. 7-6. Same - Fee. Before any license shall be issued the applicant shall pay to the city a license fee of fifty dollars.:f VI. That Section 7-9 of the Code of Ordinances of Beaumont, Texas, is hereby amended to read as follows: 11Sec. 7-9. Misrepresentation or suppression of fact. It shall be unlawful for any person acting as auction- eer to make any material misrepresentation of fact, or any material suppression of fact concerning the goods to be auctioned at such sale, or auctioned -at such sale, or to make any other material misrepresentation of fact whatsoever as to the quality, quantity, character, cost, or general selling price, or whether new or.secondhand, or partly so, of any goods offered for disposal by auc- tion sale, or sold at auction sale. The tax assessor and collector may revoke the license of any person con- victed of a violation of this section." VII. That Section 7-11 of the Code of Ordinances of Beaumont, Texas, is hereby amended to read as follows: "Sec. 7-11. Invoice. It shall be the duty of the person whose goods are thus being sold at public auction to give each pur- chaser of an article, the selling price of which amounts to the sum of two dollars and fifty cents or more, an invoice containing a full description of the article, together with the identification number of such article and the selling price thereof, with a statement giving each and every warranty under which the article was sold, and stating whether or not fed- eral taxes are included in the selling price. Duplicate -3- F+ vi 4 copies of such invoices shall be kept. Where diamonds and precious stones, and semi-precious stones are sold at,auction, said invoice shall not only contain a full, complete and accurate description of -.same, stating -its size, grade and quality, but shall .also contain'a''state- ment of the weight of such diamond, precious stone, or semi-precious stone.' - PASSED by the City Council this day of November, A. D. 1959. mayor -