Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-415

thereof. In case such article is plated or overlaid, then such tag or label shall contain in a true statement! of the kind of plate or overlay and the percentage of purity thereof and the kind of metal or material covered. In case such article is in whole or in part a precious or semiprecious stone, said statement shall contain the! true name, weight, quality and fineness of such stone, and imitations shall be described as such. In case such article is a watch or clock, said statement shall also contain the true name of the manufacturer thereof, and if any secondhand or old part or movement, or substitute part or movement, of any watch or clock be offered in a new case, such fact shall be set forth in said statement. Such tag or label shall remain securely attached to every article and, without any erasure, defacement, or obliteration of the number and statement required to appear thereon, shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima facie evidence of intent to defraud in case such written or printed statement be not a true and correct description and rep- resentation of such article sold. Section 13. PRIVATE SALE. No property shall be sold at private sale at the place for which a permit has been granted for the conduct of an auction sale during the progress of such auction or on any day when such property is advertised for sale at public auction, other than by public outcry and to the highest bidder. Section 14. CONDUCT OF SALE. All auction sales shall be conducted as follows: (a) Each day before the commencement of the auction, the permittee shall announce the terms of the sale. (b) The permittee, at each time a bid is announced or accepted, shall give some description of the person making the bid, and also point out or designate the location of the bidder on the premises. (c) No permittee, his agents, servants, employees, or the owner, or other person on their behalf, shall make any false or misleading statement concerning the ownership, kind, character, quality, condition, make, size, price, or other fact pertaining to any article sold or offered for sale. (d) No permittee, his employee, or the owner, or other person on their behalf, shall act as a by-bidder or what is commonly know as a "capper" or "booster", or make or accept any false or misleading bid, or falsely pretend to buy or sell any article, or conspire with any person to make a false or fictitious bid; and no permittee, his employee, or the owner of the articles, or other person acting on their behalf, shall bid or purchase at said sale unless, at the time such bid is made, the permittee shall announce, in such tone and manner as to be plainly heard and understood in all parts of the room in which the sale is being conducted, that such bid is for the benefit of the permittee, his employee, or the owner, as the case may be. (e) Each article offered for sale shall be sold a s offered, if a bid be made by more than one bona fide bidder, before another articles is offered for sale, and without any reasonable delay. There shall be no reserved price on any article unless, at the time the article is offered for sale, the permittee shall announce the reserved price in such tone and manner as to be plainly heard and understood in all parts of the room in which the sale is being conducted. If any article is offered for sale and two or more bids are made thereon, and such article is afterwards withdrawn from sale for the reason that the highest bid did not equal the re­served price as announced, there shall not be the same or another article of the same kind or class offered for sale until four other sales have been made, or for one hour, whichever is the longer time. (f) No free drawing shall be conducted, nor gifts be given, nor any form of entertainment be given for the encouragement of attendance at such sale, or for any other purpose. (g) Upon request of any person who has bid upon an article offered for sale, the permittee shall allow such bidder a reasonable opportunity to examine such article, and such bidder may thereafter withdraw his bid at any time before the permittee declares the article sold. (h) The permittee shall allow any police officer or duly authorized representative of the Board of Commissioners, during regular business hours of the day, to examine any article held for sale by auction, offered for sale, or sold, at any time before such article is delivered to the purchaser. (i) No person other than the permittee shall cry the sale of any article at said auction sale. Section 15. ADDITIONAL REQUIREMENTS FOR CONDUCT OF JEWELRY AUCTIONS. In addition to the requirements prescribed herein for the conduct of auction sales generally, all auctions for the sale of jewelry, as herein defined, shall also be conducted as follows: (a) Before accepting any bids upon any article, the permittee shall read, in such manner as to be readily heard and understood at any place in the room where the said auction is being conducted, the description of the article as it appears on the label or tag attached thereto. (b) The permittee shall give to each purchaser of an article sold at auction, the selling price of which amounts to more than Two Dollars ($2.00), a written invoice containing a full description of such article as it appears upon the inventory required herein; the selling price thereof; and a statement giving each and every warranty under which the article was sold. Duplicate copies of all invoices shall be kept by the permittee, within the City of Las Vegas, available for inspection by police officers, or the Board of Commissioners, or a duly authorized representative or said Board, for six (6) months after termination of each auction sale. (c) Public auction sales shall be conducted only between the hours of 10:00 A. M. and 6:00 P. M. of the same day. No sales shall be conducted on Sundays or legal holidays. (d) No articles other than articles listed upon the inventory filed with the City Clerk shall be sold at the auction authorized by the permit issued therefor. (e) If an applicant for a permit desires to sell at auction, in connection with such auction sale, articles other than articles of jewelry as defined herein, such articles shall be separately listed upon the inventory filed with his application; and all provisions of this Ordinance with respect to ownership of property, inventorying, labeling, tagging of articles, time and method of sale, and records and reports of sales, shall apply to such articles. (f) The permittee may offer for sale, as a group, two or more items listed upon the inventory, only if all of the items in such group have a reserved price placed thereon and the reserved price is properly announced as herein provided, provided that, after such article or group of articles has been offered for sale and two or more bids have been made, no articles or article shall be added to such article or group, or taken from such group; but if the permittee desires to withdraw any article from a group of items offered together for the reason that the highest bid does not equal the reserved price, the entire group be withdrawn and the provision of this ordinance with respect to the sale of articles withdrawn from sale shall be applicable to each of the articles in such group.