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HomeMy WebLinkAboutORD 28-EAN ORDINANCE LICENSING AND REGULATING THE SALE AT PUBLIC AUCTION OF JZKE,DRY DIAMONDS A�TD OTH3 PRECIOUS OR SMI -PRECIOUS STONES, WATCHES, CLOCKS, PICTURES, PAINTINGS,. BRIC-A4BRAC OR SUCH LI E ARTICLES AND PRESCRIBING A: PENALTY AND -PROVIDING FOR AN EITERGE110Y, AND REPEALING ALL ORDMANCES OR PARTS OF ORDINANCES IN CONFLICT HERE�d I TH. �+ EAS, on account 'of the general complaint which has grown out of the practices of unregulated auctions and auctioneers of the hereinafter described kind of character of goods and the great amount of imposition made upon the public by misrepresentation and practices of deceit and fraud growing out of unregulated and irresponsible auctioneers and auctions, it is deemed advisable by the City Commission to pass suitable. regulations governing the same so as to secure honesty and fair -dealing and avoid such evil practices that have grown up on account of the want of proper regulations, now; therefore, BE IT ORDAINED BY THE CITY 0012VIIS SIGN OF THE CITY OF, BE AAT11ONT : Section. 1. That it shall hereafter be unlawful for any person, firm or corporation to sell, dispose of or offer for sale in the City of Beaumont, at a public auction, or cause or permit to be; sold, disposed of or offered for sale at a public auction within tYe: City of Beaumont, jewelry, diamonds, or other precious or semi-precious stones, watches, clocks, gold or silverware, or plated ware, stationery, glassware, porcelain, bric-a-brac, or like articles, whether the same shall ba their own property or whether the sale of same shall be by and through agents or employees or others' without first complying with the provisions of this ordinance and obtaining a license from the assessor and Collector of ;:axes of the City cf Beaumont, and making an application therefor as herein provided, provided however, that this sect ion shall not apply to judicial sales or sales made by executors or administrators, nor to sales made by or in behalf of licensed pawnbrokers of unredeemed pledges, which are made in the manner provided by largo Section 2. That any person desiring to hold an auction sale for the sale of the goods hereinabove described shall make application to the Assessor Piad Collector of Taxes asherein provided for and shall state in the said application the period of days any such person desires to hold the said auction sale and the said Asse.sso22, and Collector of lames shall issue to any such persai a license upon complying with the terms of this ordinance for the period of time so designated, provided, that no license shall be issued for a longer period than one year. Section 3. Q% Said appl3c;ation for a license shall be in writing and sworn to, stating the name of the applicant, his residence, the street and number of the proposed place of sale, the length of time for V J, engaged in a like or similar business, to designate the places where the sale was conducted and shall furnish the Assessor and Collector of Taxes with such further evidence as shall be necessary and reasonable to establish the truth of the statements made in said application, and the right of the applicant to a license. Section 40 . Said application for a license shall have _attached to it a sworn inventory of such stock or.- merchandise setting out the, quality, quantity, kind or grade of each item and invoice cost thereof. To such inventory there shall be attached an affidavit that such inventory is in all respects true and correct. In the case of an individual, such affidavit shall be made by him as such; in case of a corporation, it shall be made by they President, General Manager, Secretary or Treasurer. Such inventory and affidavit when so made shall be kept on file in the office of the assessor and Collector of Taxes as a part of the public records pertaining to the sale. No merchandise shall be- sold at such auction sale. except that referred to and included in the inventory made part of the application. That whenever any extension of the tic ease . so granted hereunder is granted to any person holding an auction, an application shall be made therefor as provided herein, venich shall be granted by the Assessor and Collector of Taxes, provided, that should it appear to the said Assessor and Collector of Taxes, from the application so made, that nem or additional articles are added to the li st o f articl es made by any such person, then it shall be; the duty of. the said person to furnish an additional bond in the amount as hereinabove described for the sale of the additional articles, or as is required for the sale of the original articles. Section 5© That all persons desiring a license. shall, upon complying with the application herein provided for, and before a license shall be issued to any such person shall tender a bond to the City of Beaumont duly executed by the said applicant as principal, in the sum of One Thousand Dollars ($1,000.00) , which bond shall be made payable to the City of Beaumont, at Beaumont, Jefferson County, Texas,,' and when in compliance with theterms of this ordinance shall be approved by the Director of .Finance 6f the City of. Beaumont, and shall be conditioned that the said principal thereon shall pay all losses and damages which may lawfully be claimed against him on any material suppression of facts concerning the merchandise to be auctioned at such sale, or which may grow out of a violation of axy of the terms of this Ordinance. Such bond shall be made amenable to any person who may sustain any loss or damage on accountof any such misrepresentation, and shall cover all auction sales of mer- chandise described in the inventory made and required to be filed � ith the Assessor and Collector of Taxes, and 'any other merchandise which under this ordinance should have been inventoried, and my such person sustaining any damage or loss may bring suit in may. court of competent jurisdiction to recover the same and the provisions of the said bond shall be construed liberally in favor of any such person on account of any loss or damage sustained. by any such person either directly or indirectly. All remedies upon or under such bond shall be in addition to any cumulative of all, other remedies the parties may have at law or in equity for recoupment of any -such losses or damages. The bond shall be signed by tz, or more sureties, one of whom shall be a surety company doing business in the State os Texas, and the other shall be a resident of Jefferson County, Texas, who is an owner of property subject to execution as disclosed by the City Tax Assessor's tax rolls, cumulative -recoveries may be had on said bond to the full amount thereof. Section 6, That the .Assessor and Collector of Tuxes may inspect and investigate any part or all of such stock or mcrchandise coming aithin the pur-view of this, ordinance before issuing the lic.:ense, in order to determine the truth of the statements made in the application and the inventory. Section 7. That before any license shall be issued the applicant shall pay to the City of Beaumont a license fee in advance in the sum equal to Five Dollars (x'5.00) per day for each of: the days during which the auction is entitled to be held according to the license. Section 8, - It shall be Unlawful for any person acting as auctioneer to make any statements which are false in any particular, or which have a tendency to mislead any person present, or to, make any mis- representations whatsoever or at all as to the quality or quantity, character or present condition,, or value or cost, or general selling price, or whether new or second hand, or partly so, of any property offered for disposal by auction sale. Section 9. It shall be unlawful for any person to act as by -bidder or what is commonly known as a "capper" or "booster," at any such auction or place where any such,a-action shall take place, or to offer or make. any false bid or to offer any false bid to buy or pretend to buy any such article sold or offered for sale at any such auction. Section 10. It shall be the duty of the auctioneer to make somee description of the person making a bid every time a bid is announced and also to point or designate the position on the premises of the bidder. Section 11. It shall be the: duty of the p erson, fin°m 'or corporation whose merchandise is thus being sold at public auction to give each and every purchaser of an article the selling price of which amounts to the sum of 4x7.50 or more an invoice, containing a full description of the article, the selling price thereof, together with a statement giving each and every warranty under which the article was sold' Duplicate copies of said invoices shall be kept. Section 12. A - i Section 13. That any 1person,' firm, association of persons, or any corporation, their agents, servants or employes violating arq of ,the provisions of this ordinance shall, upon convictionin the. Corporation Court be fined in any sum not exceeding Two Hundred ($200.00) Dollars, and each and every day that a violation of this ordinance occurs sball be deemed a separate offense. That in addition to the penalty herein provided for any such person convicted in the Corporation Court, or upon appeal thereof, the Judge of the said Corporation Court, or any Judge upon appeal thereof, may revoke the.. license under -which the said auc t ion is being held, and it shall thereafter be unlawful for any person whose license is revoked to hold any auction under the terms of this ordinance provided, however, that any person whose license is revoked, may make application to the Mayor and Gity Commission, a L. after a hearing upon such ap- plication for a re -issuance of any such license, and may have a new license granted any such person upon the, order of the Mayor and City Commission to the assessor and Collector of Taxes, provided, that any such person whose license is revoked shall comply with the terms and provisions of this o rd dance. Section 14. That should any portLon or part of this ordinance be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions shall -remain in full force and effect. S e c t i.on 14 - That all ordinances, or- parts of ordinances, in conflict with this ordinance are hereby. repealed. Section 16. Whereas, on account of the promiscuous. auction sales madb by traveling auctioneers as well as on account of the many acts of extortion ,and oppression growing out of misrepresentations and deceit practiced on the public by unregulated auctioneers engaged in the sale of the articles hereinabove described,, creates an urgency and an emergency in behalf of the preservation of the public peace; health and safety that requires this ordinance to become effective upon its passage, and it is accordingly so ordained that this or- dinance shall become effective immediately upon its passage as in the charter in such cases is made and provided. Passed by the affirmative vote of all members of they Commission, this the g day of October, A. D. 1924. X,,T 01MMUCT. .�Zl,.'�'%I3.3C lti� t,':i1TP.l u 11 I}uI,k TJ iII CITY OI!' 4AA; :irryl�yn_a 1TV' ilDIE w`!'tY'©7i�i'(:�T fr-, .��PPLIGA IM"4r sry+'_OR} SUCH P�?�'U..-IT; t'IAIINJYC: , li.= 6a�. 4J1 �.+ d.i1 rye' ii��,:j.:. ►`.; 1i!J.l .J `+.R.': J 14 TLE', (,)0V�.J -,A�,J..10 T ,V J , AUC. _701' j 1 s � J._�k.?J'a :a J ArD .1.L11I►.X-,Il to 114 '�S])''i[ )A T } ' 1 �� TiC Y...� (.' '?TI."` I.J11 U�'' �1'sF] CI:?" CI' I��'wil:'i0me : ,l.E 1'.t.1 ITIOP Il't._1) 2J .f.i rT� lt1 i J 1 .6 17TIL T I ri, I. MA it Ehall herccLftc:r bC unlawful for any person to pursue the occupation of auot.ioneer or to conduct ary auction sales of, cxiY kind where uoodia are azposucl 1."or oUle, ir-t public auction, �o the h.igheot bidder, in th Cit-,; of l cauuont without first makine appli— cution f or, and reoeivirCt s'rol_: the City Commission, a peXT- it to iurouo ouch occupation, or to conduct such sales. The applicatioa 'above rc;(jtt3.rQd to purcue the oceu.p-_tion of ian auctioneer 'hall be in vr.itin,,,; and presento-A to the- c:it;r 4'orxv.soion at v, regular meeting 'by -lie am)lierunt in poroon, and s1vull state the nano <nd a e of -the tilpplii,m 1t, where lie has reu±dowd for the pazat tliel.vc; monthu, his ex?er.lenc3e and qunlifioa4ion j+a w. i auctioneer. the ohz., tater of 600du, vares or riereliz ndice, or ather artliclou or thairl(;s that- he propoueo to -auction o3� cwil in t.'ic: City of Dleaurloilt, the lilcXcc or pinc;c�,2 1i(.; I,vcj Donee to conduct such auction ca.lee, for sthori ouch. r"ue-bion oaluz are to bo uunductod, the vomounu of '17rop'Orty ovaled by ouch t:T)P.I icn-nt- in the "'tato, o" '2t,mto subject; to er` L utiolx tend the kind 'tand location of such wt.voPerty. After clue consideration of uuch application, if tho City Comioai ori finee that such i;,, -()p`? icant is tci Perco-ri o <;ood 'aoT'-!J' charao1jer tuid is a c ualifi.,,d Luna i'i4 person to cJnclnot a llei'Aun c�,al,c a cmd 11c tf ;1 t)1:F:rt; oub juc'.; to c".cac;ution in U_ is .:LC .�.::"i�i 'to _°L1":.`'��";.t'i 3.7_, ti. ;i:3.;'.vf.':3 L'.'�v the Cuit o1 ,nj� I1Gl .TUC! .injured or defrauded L;; ouc7_i ­,1r�p__icant Li contiuctirl; UUCII 4LuC'G:iroxl Crc11.i;6, zvnci '61itA: CJ11(iL2C:'IJ _; --,uo ulc;n stal.et3 att1ie �1.t.1co px oZ;usCct "by the applic;olnt oil I not, Ctmuo uriL uu oUatruct ion wnd uorc;Gotion O ffio OT'-'-m1U;d":; L: arld ITICo's:ivu.nienee to �,:"2C �•Ll't') � 1C i)y r('°,�ii7n Oi 'i;lF?the cor�;a°c ;tiLu11 Of j>crrkJ0n13 i,t MIGIL j.lt•ce; or by reason oa Loud or obnoxious noires,, tliun otic h Vomit :.tileal bc: (;rt3,ntc;cl, but othurrii;.;o refuuc:a. Such pe:=111t flcL ;r oe. revoked i.'\� t1io Giti, Corm -elusion .if tt.t ,:.ny time alto auto i1westiLation raid ILe€iiia it find:.; thc.t tsn%v ,;oroon liah been Clei•muCled by ;_tU011 auctioneer ill the Condt'�c 1.1 of t-tzC Gion t3BIU, or ii. 00-=3e such 3ue'ci.one,er curiiaicotN cmy auuoti-or_ oale or valec in u dieorderl or unl. tri'tt rlt'.. finer. r'-'CF'l:i)'3 ,,Z, U. -)on recelvi:nL; k ncrrli.t; irM-1 '!iia Cit; 00rTU013l011, -..a �bOVe set forth, cuaii ts•;l)p.iicamit .Jciau, bc,`for.e the Uccupat'J.Utl of umctjoya ur or conductin;, vny cq;pl;7 've VIQ i;ity T'2ax Collector for a liat:nr_sc to' �)uxotic zao i ocuug3 r�i�ion in the (ity Uf S ea— i-lont'i, y1hicli licenz , .`_11-iII L., lrSuued 'ui) 'Emell alT'p.i. GLI'nt 621, thu Cat"! �':�.X liU.�:1CL1:1iQ1" tlpon Thi JLE31it �J;i Ll .�tllit'�:b� �ivc:31t�u fee :). live .9.iC'..1100 i2lira. ,,,_ •twy Vero on p'urvuin�, t1io oeau3x.'vi on Of LUC; tioneer or in c y manner conductin.; L,,-iV mr.ctio.L;u,: o;j' in th, City of 3cuw.ic)nt without first c.o?nPlfirk, vith th s'%�d1,�,�i�tir?GXli::� of 'thiu f3rdimaice shall be doemed tti:l E.„, ax a aiodunccnor CUld ti�;orL uonvicY'Uoil tlloa:cof ciml` be fined In :.ny ci12_t not, om 4.i all Y10 p1)�y -wml %alee by -re, nor to �,,Y tur --Y aK twtuaent- LMMlV;V VIX'10`1 t -,'u Oise the undo r thO . ison pp bf�ljvof �oi I -sad pawn 1)0 -,Ver 0� sale, t4a namer pro-fided by "15L T urokers 01, w or orajnarwe in 'he City of and the fewt that Vue publia As &,nd de;r-rauded by unscrupluous and vk:, 0 Ell .nd relf are o tharet�y end rilig, the mZe�y a Of an imperative public W-Orgdr�Py lleOe UKO XUic xequir;U4,7 ardinarcez to b6 xii'tL4 on three p, 4tithe 0 1 be ore. f al 3 he _p"gage, w-tieref ore o=h r -a D reby the frora and. after Ll.,,Illyl- U LE,� o;rdinance. 'whall take eff (7) u ,"f -, , 11aoB4w' 0,0 Paooed by tho affl=sutive vote of al meni'berc of the Oo� oujoli this the 16th d of Oatobtr, A.D. 1923A 13o 4�, Stcinlhu-�;en, MAY or 0 The State of Texas., Countrp of Jefferson Before n t e u ersigned authority, on this day personally appeal;. is -------- known to me who beim by me duly sis poses and says, that he is the____________________ 1;77! poses the—Bo .BEAUMONT JOURNAL, a newspaper published in said county; that a c� foregoing was published in said newspaper, such publication being on -------_-----A. D. 192 , and a newspaper copy of Lo and subscribed before me, this LEGAL NOTICES application and the inventory. SECTION 7 That before any license shall be issued the applicant shall pay to the city of Beauuiot?t a license foe' in advance in the suiii equal to five dollars ($5.0u) per day Tor each of the days during which the auction is entitled to be neld according to the license. SECTION 3 It shall be unlawful for any per- son acting as auctioneer to make any statements which are false in any particular, or which have a ,tendency to mislead any person present, or to ma6e any misrepre- ffsentations whatsoever or at all as qo the quality. or quantity, character V r•'u�iip .tst, or general sellingpice, or - --hether new or second nand, or ptartly so, of any property offered cl r disposal by auction sale. -u SECTION 9 K It shall be unlawful for any per. B on to act as a capper" or "boost- er" at any such auction or place where any such auction shall take place, or to offer or make any false _—Whereas, on account of the gen- bid or to offer any false bid to buy eral complaint which has grown or pretend to buy any such article out of the practices of unregulated sold or offered for sate at any sucl auctions and auctioneers of the auction. hereinafter described kind of char- SECTION 10 atter of goods and the great It shall be duty of the auctioneer amount of imposition made upon to make some description of th( the public by misrepresentation and person making a bid every time t practices of deceit'and fraud grow- bid is announced and also to poin Ing out of unregulated and irre- or designate the position on thi sponsible auctioneers and auctions, premises of the bidder, it is deemed advisable by the city SECTION 11 commission to pass suitable regula- It shall be the duty of the per tions governing the same so as to son, firm or corporation whose mer, secure honesty and fair dealing and chandise is trus being sold at pub avoid such evil practices that have lie auction to -give each and ever; grown up on account of the wart of purchaser of an article the sellini proper regulations, now, therefore, price of which amounts to the sun Be • it ordained by the city corn- of $7.50 or more an invoice, contain mission of the city of Beaumont. Ing a, full description of the article SECTION 1. the selling price thereof, togethe That it shall hereafter be un- with a statement giving each ani lawful for any person, firm or cor- every warranty under which th poration to sell, dispose. of or offer article was sold. Duplicate copie for -sale in the city of Beaumont at of said invoices shall be kept. a public auction, or cause to be SECTION 12 sold, disposed of or offered' for sale That the term "I,trson" as use, at a. public auction within the city herein shall Include, and compre of Beaumont, jewelry, diamonds, or hend any person, firm or associa other precious or semi-precious tion of persons or any corporation stones, watches, clocks, gold or sil- their agents, servants or employes verware, or plated ware, stationery, SECTION 13 glassware, porcelain, Uric -a -brae or That any person, firm, associatioi like 'articles, whether the same of persons, or any corporation shall be their own property or their .agents, servants or employe whether the sale of same shall be violating any of the provisions c by and through agents or employes this ordinance shall, upon convic or othters, without first- complying tion in the corporation court 'b with the provisions of this o finance fined in any sum not exceeding tw and obtaining a license f5,)m the hundred ($200.00) dollars, and eac assessor and collector of taxes of and every day that a violation c the city of Beaumont, and malting this ordinance occurs shall b an application therefor as herein deemed a separate offense. That i provided, provided, however, that addition to the -penalty herein prc this section shall not apply to judi- vided for any such person bonvicte tial sales or sales made by execu- in the corporation court, or upo tors or administrators, nor to sales appeal thereof, the judge of the sai made by or in behalf of licensed corporation court, or any judg pawnbrokers of unredeemed upon appeal thereof, may revolt pledges, which are made in the the license under which the sai manner provided by law, auction is being held, and it sha SECTION 2 thereafter be unlawful for any per That any person desiring to hold, son whose license Is revoked I an auction sale for the sale of the hold any auction under the tern - goods hereinabove described shall of this ordinance provided, howeve make application to the assessor that any person whose license and collector of taxes as herein revoked, may matte application 1 provided for and shall state in the the mayor and city commission, an said application the period of days after a hearing uo on such applies any such person desires to hold the tion for a re -issuance of any suc said auction sale and the said as- license, and may have a new 1 sessor and collector of taxes shall .cense granted for any such persc issue to any such person a license upon the order of the mayor ar upon complying with the terms of city commissionto the assessor au this ordinance for the period of collector of taxes, provided, -th; time so designated, provided, that any such person whose license no license shall be issued for a revoked shall comply with tI terms_ and provisions of this ord d ror sale in the city of ]3eaumon,t at "'Ole was sold. Dupllcate a public auction, or cause to be °f said invoices shall be kept s sold, disposed of or offered, for sale SECTION 12 That the term I,erson" a at a public auction within the city That shall include, and a of Beaumont, jewelry, diamonds, or hend 1 other precious or semi-preciouany person, firm or a; s tion of persons or any corpo stones, watches, clocks, gold ,or sil- their agents, servants or eani verware, or plated ware, stationery, S glassware, porcelain; bric-a-brac or That an ECTION 13 - like articles, whether the same lof Y Person, firm, assoc shall be their own p yPersons, or any corpo; whether the sale of same shall be their .agents, servants or em by and, through agents,or employes lbe violating any of the provish this ordinance shall, upon c or others, without first complying tion in the . corporation cou With the provisions of this ordinance fined in any sum not•exceedin and obtaining a license f m the hundre$ assessor and collector of taxes of and every d ay that dollars a i an application of altherefornasheredeemeda therefor as rl aolati se offense.ha Tl provided, provided, however, that addition to the -penalty herein this section shall notapply to Judi- vided for any such person con' tial sales or sales made by execu- tors or administrators, nor to sales appeal theTeofatIn the he judge of th made by or in behalf of licensed pawnbrokers of unredeemed corporation court, or any pledges, which are made in the upon appeal thereof, may r manner provided re ma the, license under which the SECTION 2 auction is being held, and it That any person desiring to hold thereafterb cense fl. for sae sonwhoselicense an auction to the sale of the hold an goods lrerei'nabove described shall Y auction under the 1 make application to the assessor of this ordinance provided, ho�� and collector of taxes as herein that any person •whose licem provided for and shall state In the revoked, may nra cc applicatic said application the Period of days the mayor and mty commission any such person desires to hold the after a hearing u_ion such api tion for said auction sale and the said as- a re -issuance of any sessor and collector of taxes shall license, and may have a nen issue to any such cense granted for any such pi upon complying wipthr the terms not upon the order of the mayor this ordinance for the city commission to the assessor time so designated, period of collector of taxes, no license shall be issued forhat any such Provided, revoked shall�ncomPly with licem longer Period than one year. terms and SECTION 3 Provisions of this i Said application for a license Mance. _ shall be in writing and sworn to, SECTION 14 stating the name of the a licant, That should any portion or PP of this ordinance be held for his residence, the street and num- ber of the proposed place of sale, same shallanotobe const�uedbto the length o€ time for which the feet an a� icense is desired, and if the a li- y other valid portion hei cant has been pD but all valid portions shall ren previously engaged in in full force and effect. a Iike or similar business, to desig- nate the places where the sale was SECTION 15 conducted and shall furnish. the as- That all ordinances, or part: sessor and collector of taxes with ordinances, in conflict with this such further evidence as shall be drnance are hereby repealed, necessary and reasonable to estab- SECTION I lish the truth of the stateurents Whereas, on account of made in said application, and the promiscuous auction sales made as right of the applicant to a license, traveling auctioneers as well x SECTION 4 account of the many acts of ex Said application for a license tion and oppression growing ou shall have attached to it a sworn . misrepresentations and deceit pi _in�_erttory Of -such stock or mer- bead o e the ,ru ge in the Sala cl?andise setting out the auctioneers engaged o the sale quantity, kind or grade of each the articles hereinabove descril item acreates an urgency an nd invoice cost thereof. To ti an en such inventory there shall be at- gency in behalf of the preservat tached an affidavit that such in- of the public Peace, health ; venter is in all respects true and safety that requires this ordina to become effective upon its passa correct. In the case of an indi- vidual, such affidavit shall be made that and �t is accordingly so ord become at him as such; in case of a torpor- fective this Immediately luponits anon, it shall be made by the sage as in the charter in such ca president, general manager, secre- s made and tary or treasurer. Such inventor provided. y Passed by the affirmative v and affidavit xin t so made shall of all members of the commissi be kept on file in the office of the this the 23th day of October, A. e r a d collector of taxes as 192Q. liter},s e, In order t determine the m�•aa"i—AUSTIN BARNES, truth of the statem is made in the Dlayor necessary and reasvia­ — - — lish the truth of the statements p made in said applic t tion, ,aande the t e. a right of the applicant t SECTION 4 Said application for a license worn t sha11 have attached to it a inventory nf.-such stock. or uler- `cliandise setting out the quality, t quantity, Lind or grade of each item and invoice cost thereof. To such inventory there shall be at- tached an affidavit that such tn- corntory rect r Inllthe case of an cts eindla vidilal, such affidavit shall be made by him as such; in case of a corpor- anon, it shall be made by the president, general manager, SECPc- tary or treasurer. Such inve shall and affidavit when so made be kept on file in the office of the assessor and, collector of taxes as a part . of the - public records -'per: taining to the sale. No merchan- dise shall be sold at such auctlon- sale except that referred to and in- cluded in the inventory made part of the application. That whenever any extension of the license so granted hereunder is granted to any person holding an auction, an as provided plication sherein,hall e which shall therefor granted by the assessor and col- lector of 'faxes, provided, that 1 should it appear to the said assea- f sor and collector of taxes, from the additionalnarticles so aare added to de, that n the list of articles made by any such person, then it shall be the duty of the said person to furnish an addi- tional bond in the amount as bere- t tnabove described for the sale of d the additional articles, or as is re- quired for the sale of the original articles. romiscuou's auction sales raveling auctioneers as w( ecount of the many acts i ion and oppression growir iisrepresentations and dec iced on the public by un1 auctioneers engaged in th he articles hereinabove creates an urgency and gencyin behalf of the pre of the public peace, he safety that requires this to become effective upon it and it is accordingly so that this ordinance shall b fective immediately upon sage as in the charter h tin is made and provided. Passed by the affirm, of all members of the ct this the 28th day of Octo 19 24. 11 i—AUSTIN BA' SECTION 5 That all persons desiring a 'li- cense shall, upon complying with the application herein provided for, and before a license shall be issued Ito any such person shall tender a iIbond to the city of. Beaumont duly executed by the said applicant as principal, in the sum of one thou- sanddollars' ($1,000.00), which bond shall be made payable to the city of Beaumont, at Beaumont, Jeffer- son county Texas, 'and when in COT with the terms of this ordinance shall be approved by the. director of finance of the city of , Beau'nont, and shall be conditioned that the said principal thereon shall mayawhich lawfully be dciaimedesag against 3 him on any material suppression of 1 facts concerning the merchandise to be auctioned at such sale, or which may grow out of a violation of any of the terms of this ordinance. Such s bond shall be made amenable to S any person who may sustain any P loss or damage on account of any such misrepresentation, and shall G cover all auction sales of merchan- ,rv�o p—ribed in the inventory " the assessor and collector -of taxes, s and any other merchandise which under this ordinance should have )s been inventoried, and any such. per- son sustaining any damage or loss may bring suit- in any _ court of competent jurisdiction to recover t- the same and the provisions of the r- said bon_ d shall be construed liber- rs 'ally in favor of any such person 0; directly or indirectly. All remedies 0; upon or under such bond shall be in a- addition to any cumulative of all t- other remedies the parties may e- have at lav or in eryuity for re - O; coupment of any such losses or 0; damages. The bond shall be signed 0: by two or more sureties, one of whom shall be a surety company ;g, doing business in the state of Texas, and the other shall be a bs resident of Jefferson county, Texas, who is an owner of property sub- ject to executton as disclosed by the city tar, assessor's rolls, cumulative recoveries may be had on said bond to the full amount thGereof. 0 That the assessor and collector of 10 taxes niay-inspect and investigate any part of such stock or merchan- 35 dise coming within the pur-view of 45 this ordinance before issuing the license, in order tq'�determine the * truth of the statem(Cdits made in the