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Home My WebLink About0970 ORDINi~OE NO. 970.. AN OtgDINANOE relating to and providin~ for the liee~sing and regulak~ing off auctioneers and au~tions,'defining offenses and penalties theref~, and ~epealing Ordinance No. ?27, and all other ordinances and parts of ordinances in conflict herewith. BE IT ORD.~INED BY T}~ 0I~Y 0~ BREMERTON: ;~ASHINGTON, AS ~0LLO~S: ~eotion 1, Auctioneer's License: It ~hall be ~mlawful for any persnu to sell or offer for sale any goods, ,wares, merchandise, or other personal or real property of any kind or nature, at auction, without first procuring a lieemse so to do, to be known as an Auctioneer's License". The fee for such · license shall be ~he sum of Two Hundred ~$200;00) Dollars per year and no sud~ license shall be issue~in the name of more than one person, nor in the name of any firm, company or oorpor~;ion; provided, that no such license shall be required of any public officer, executor, adminiStr~'t~r, guardian or trustee who shall sell, or off::r for sale, at auction, any property pursuant to legal process. No license issued in accordance, wi~h ~he orovisions of this ordinance shall be transferred, Section ~, Jewelry Auction Licenses: It shall be unlawful' for any person 1, offer for sale, or a~empt to sell~ a public auction, any jewelry, inelu~.~ng watches, diamonds, and all etcher precious s~ones, silverware, and all Jewelry ~ gold, silver or other me~;~l, of any kind or character coming under the head of , ~'~.. gene rally known as jewelry, unless ~he propzietor of the store where such auc$i~o~n.~s.~o be held, or ~he owner of the Jewelry to be auctioned, Ordinance, a l~cemse tO ~nown as a ~jewelry Auction License." ' The fee such Jewelry Auc'~i0n License ~all be, and ~he sa~e is fiXed in, the smn of · ive ~$5.00) Dollars pez. da.y, forCe,ach auctioneer emoloyed, for a less period ~' , than ten [I0) d,~:~ys, not counting S~nd~'a~s, nor for a greater period than ~hir~ ~30) days, not counting S~mdays. It shal~be unlawful for the proprietor of any store or the owner of any Jewelry, to hold, e~'duct or %e~.mit such public Jewelry :.~.uc~i:)n withou~ firs~ having obtained a ~,~?lry-- Auction License, and employing or eng~ging auctioneers who have been duly ~ensed in accordsnce with _the provisions of this. ordinance. - No more than one Jewelry Auction License shall be issue~~any person, r for the sam[lo~t~o~; du~;,~ ;~]~ ~[el~] (12)mo~hmPerio~. No'~w~el~y Auction ]~icens ''s ll .is t e nth of D ce bet, .r any por'~on thereof. It shall be unlawful for any .person to sell, offer for sale,or c~us~e~or permi~ to be sold, at publ. i.c ~uction,.any Jewelry, .as herein doT.in'd, at any ORDIN.:3~OE ~0. 070 8irne dur n~% ., ' · comber, or during any other month between the hours of seven ITl o'clock i'.~.F., and eight~ {8) o'clock ~i,M, ----- Section Z, USED ~.IERCH~,NDIS~: It shall be ttulawful for any person to sell or offer for sale at public auction, any goods, wares, merchandise, or o~her pe~'sonal property represented as new or unused ~hat hs.s been used or is second-hand, and any person selling or offering for's~le, a~ p~blt.c auction, any such g'~,ods, w~res, merchandise or o~her personal proper,~y that has been used or is second-hand without s~-:%in~:~ clearly ~o ~he purchaser that such article or articles has been,~sed or is second-hand, sha. ll be deemed tO have viola.~ed the~_rovisions of %his ordinance, section 4. -qPMCI.~L AUCTION LICENSES: It shs.ll l~e 'nnlawfnl for any persnn ~o sell or offer for s~!e n% pu!~lic auc%ion any goods, wares, merchan- dise or Other personal proner%y ~ha% has been brought in%o ~he oi%y for ~he purpose of bei~g disposed of at auo~iJn, wi%hour first procuriug, in additIqn' ~o the Auctioneer's License described in Section.1. of ~.his rdinance, a "Special Auction License," The fee for such Special'Auction License shall be, and ~he same is hereby fixed in the sum of Twenty-~ive ~$2§,00)Doll~.rs per day. Before such Special A~.~c~i~Jn License she, ll issue ~here shall be filed wi~h the City Clerk, in addition to ~he City Treasurer's. receipt' showing paymen~ for ~he 'I, lcense fee,. a lis~ of ~he goods, wares, merchandise or other per~on~l property so 'brou~fht in~o ~he City of Bremerton~for the puroose of sale at public auction, ~oge~her wi~h a sta~;ement of the time and place of such pro'posed auction s~le; such list an~ s~atement shall be verified under oath by the person bringing such goods~lnto:'the city for the p~rpose of sale at public auction; provided, however, theft nothinM in this section shall be ~n~.~:~'e"d ".~-: permitting a sale at p~blic auc~ijn of Jewelry brough~ in~o this city for ~he p~r, pose of s~:~le at public auction, unless the owner of such jewelry or the person or persons Conducting'· the sale thereof shall have obtained a Jewelry Aut:tion License as in ~his ordinance provided, Section 5. A0plican~ Must ~urnish Bond: Any applic~nt for an Auc~ioneer's License shall a~ ~he time his applicH, tion ~herefor .is filed with the city Olerk,,execu~e a sure~y company bond rfunnin~ to the Ci~y of Bremerton in ~he s~un of One T; ousand[.~lO00,) Dollars, conditioned tha~ the principal sh~ll cond'uo~ the auction in s.n orderly manner and abide by all ~he provisions of ~hts ordinance, and all-o~her laws or ordinances rela~ing, ~i?:~!~!;!~'~o public aub~io~.s~ and the busine~s of au:...~ioneer, ORDINANCE NO, 970 0ont'n f~ for any auctioneer .to seller offer for Sale any~article or thin~ at auction ~less he shall have his Auctioneer's 'License [~osted in a con- epicuous place where such auction s~'~le is being held, and in csse a Jewelry Auq~icn License, or a Special Auction License, or bo~h, must be p~ted wi~h the Aucti'~neer's License in a conspicuous ~)lace where the. auction.s~le is being held or conducted, Section ~. PRIZE PA~GES PRO~.[IBITED: It shall be unlawful for ~ny person at publi6 auction to sell prize p%~3kages, or dispose of any article or thing in any f'orm by chance or lot, o~ ~o in any way misrepresent the quantity or quality of any prooerty which he m~y sell, or offer for sale, ~t Such ?ublic ~uction. Section 8. UN~',V~UL T0 E~.~PLOY 0~PEHS: It sh~.ll be unlawful any auctioneer, or other pearson, to directly or indirectly.bid upon or employ any other person for the ~urpose of bidding u'pon, any property offered for sale ~at public auction, when such ~uotioneer or Other persons have no bonafide intention of purchasing 8~ch property, bu~ w~ose oulY pur~o~.~e intention is to induce or e.ncoura~e bona. fi,lc bidders to purc}~ase such property, Section 9, UN~',~PUL T00BST~.~UCT PU'{~LIC PL~iCES: Noise tnstr~ents Prohibited: It shall be ~lawi~ul for any person to sell, or offer for sale or dis~sose of any property in such ~ ma~er 8s to obstruct in any way the free passage of persons or vehicles on any sidewalk or other public place by c~using persons ~o o~ngre:~'ste i~ front 0f, ab or near place where such pro~er~y is being sold, 'offered for ssle or dis'~osed of a~ .public auction, I~ sh~ll be ~l~?~ful ~or anyperson while selli~, offer- ing for sale or dis~j~osin.~ of ~ny prope~y a~ ~'~ub~]ic au~..~ion, ~o c~.use perml~ ~he ringing of a~'~y bell or ~he use of any ~orn or o~her music.~.l or noise-m~king ins~r~en~ for ~he ',j~pose of a~r~.o~ing a~len~ion'~o public auc ~ion, Section 10. RECORD O~ TR~.~S.ACTI~.N: I~ s~ll be ~e d~y ~ ev~y auctioneer to maintain al ~is place of business ~:~'book ~ o~her permaneu~ record in whleh shall be le~ibly written in ~he English l~,.ngu~ge ~t ~he ~ime of receiving or purchasin~ ~ny goo~s, w~res, or m~'ch~.ndise, ~he following info~a~ion and 0PjOIN~NOE NO. ~970 0ont'n. 1. Date of Transa~,tion. 2. Name of person or em-ployee conducting same. 5. Nam, e, signature, a.!~e, street and house number, gener~l description '?- of dress~ com01exion, color of hair and ~is~inc~ive marks, if any, of ~he person wi~h whom ~he transmission is h~ad. ~: 4. Name of s~ree~ and housenumber 'of owner of ~he prooer~y bough~ :.(~ .... ~:-:~or received. /~ 8. Street and house n~ber of~pla~e from which the .property bought or received w~ la~t removed. 6. Descriotion of the property bought or received, which, in the case of w~ches sh~ll cont~in the name of ranker ~nd number both of and works, and inthe c~se of jewelry shall c~nt~in ~ description of all letters or marks inscribed thereon or therein, ~?. ~, N~me, stree~ and house n~ber of all persons witne~'~sing ~he transaction. Bection ll. UNL~V~UL T0 REFUSE T0 KEEP RECORDS: it shall be unlawful for any auc. tioneer, his a~?ent or e~nployee to fail,neglect or refuse to keep and maintain ~he record required by this ordinance, or to make any false entry~hereiu, or to obliter~te or destroy such record, or any part thereof, ~ to remove from his place of business any record required by this ordinance. Sec~ion 12. TR,.~N~CRIPT O~~ iQEOgRD TO B~ READE ~OR' ~NSPECT~ON: I~ sh~ll ~i~~ be ~he du~y of every auctioneer ,before ~welve {1E) o'clock noon of every bu business day, ~o have ~rei~ared and ready for inspection., a~ ~h~ place of ~ business of s~oh auctioneer, ~or ~he ~hief of Police or his au~horized agent, ~-~ on forme ~o be furnished by ~he POlice Department, a full. ~rue and ~:~ description of ~he record of ~ll ~)r~per~y bou~h~ or received on ~he preced- ing day. It ~h~ll also be ~he du~y of any auctioneer having good cause believe ~ha~ any proper~y in his ~o~se~sion h~s been previously los~ ~ s~olmn, ~o forthwith re~orl such f~.~ ~o ~he Ghie~ of Police, ~oge~her"wi~h ~he name of ~he o~er, if known, and ~he da~e whe'n. ~.nd ~he name oi~ ~he person from ~ whom ~he pro'pert~ was received, Every auctioneer, his clerk or employee. ~ who shall fail ~o make such report, or who mhall re'oor~ any material ma~er falsely ~o~ ~he Chief of Police, shall be guilly of a violation'of ~his etd i~nc e ' ~..~ Section 15. RECORD BOOK ,.~ND ~RON..~DISE ~L,~.~YS S~JECT T0 INSPECTION: ~'~he book or other permanent record required to be ~e~'% by auctioneers by this ,. ~:.~;~: crdinance, shall at all times be open t*o insP~ction by t.~e Chief of Police, ~'~?~ or his authorized ~:,.~e~'~t, and all proper~y bought or received by any auction- ~ esr shall at all times be subject to ins.peetion by the Chief of Police or his ORDINANCE N~. 9?0 Con~'n authorized agent, Section 14. UNL~:~',V2UL TO RE~f0~ }~ROH~iNDISE: I~ shall be unlawful fo~ any auctioneer, his agent 0r employee, ~o remove any personal property bought or received by him from his plaice of business ~til the expiration , a~ter s~%.ue was purchased or received unless such ~ersonal proper~y has Within such period been inspeo~$~.b~ ~he 0bier of Police ~ his authorized agent, I~ shall be ~lawf~l for any ~uc~ioneez', his af;;en~ or e~nployee, ~o buy or receive ~ny ~roper~y from any pe~'son undO. er ~wenty-one (~l) years of age, · of from any intoxicated person, or from any habitual drunkard, or from any person who i~ known ~o ~ .~ ~hief or an associate of ~hisves, or a receive- of s~ole~ pr0per~y, or fro~'~ any pers~,n he has re.~son to sus-pee~ of having s~olen such proper~y or any p~r~ ~hereof. Section 16. Ordinance i,~o. 7~7 and all o~her ordinances and par~s .~/ ~f ordinances in oon~'lic~ ~here,vi~h be ~.,nd ~ey are hereby repe~led, ~. Section lV. PEN_~LTY: ~y pcr~n vilo?.~ing ~he provisions of /~ or~lin~nce, or any ,~,~r~ ~hereof, u~on oonvlc~ion shall be punished by a fine no~ ~o exeesd One E~dred {$100.00) Dollars, or by i~n3risonmen~' in ~he city J~il no~ ~o exceed~hir~y (~0) .~ys, or b~:: bot~ s'~oh fine ~nd im~risnnmen~; and any license iss~ d re%der the ~rovisions of ~his' ~dinance ~o such person so convicted sh~ll be canceled and forfeited. Section 18. This ordin~.~n<.~e shail be in fuil f=ce and effee~ ~hir~y d~_~ys from and after i~s pass~<~ .~nd p~Yblioa~ion as provided by law. P=SSED by ~he City Co~u~ission; ~pproved by.~he.~yor and a~es~Sd by ~he Oi~; Clerk in ~u~hen~ic,~.~ion of such passage ~his ~wen~y-ntn~h day ATTEST: ~ate ef Washin~o,] S, S. ~unty of KImap I tiaa undersigned do cedify th~{ th~ mhd fore~oi~g is a tr~e snd cerrect copy of sn o~dlnance p~ssed .by the city commi~ion of the cit~ of Breme~on, Washi~on oR mbnve date. CI~ Clerk