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Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-414

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    time by any person aggrieved, and in his own name, until the whole penalty is exhausted. Section 5. PERMIT — INVESTIGATION - ISSUANCE - DENIAL. The Board of Commissioners may refer said application to the Chief of Police of the City of Las Vegas, who shall investigate and report to said Board within ten (10) days from receipt of said application. or the Board may otherwise conduct or cause to be con­ducted an investigation, as to the character of the applicant, whether the place where said sale is proposed to be conducted is a proper place for such sale, whether the proposed sale is to be conducted in good faith, and whether the articles proposed to be sold, if the same is jewelry, as herein defined, are properly des­cribed, labeled or tagged, and the Board shall order the permit to be issued by the City Clerk to the applicant unless the Board shall find that the conduct of such sale at the time and place, or by the applicant, will be against the public interest, or tend to result in defrauding the public, or that any false statement in the application was knowingly and intentionally made, or that the articles proposed to be sold, if the same is jewelry, as herein defined, are not properly described, labeled or tagged, as required herein, in which event, the Board may, in its discretion, deny the application; provided, that no order denying the application shall be final until ten (10) days after the Board shall have notified the applicant, by mail or in person, of its intent to deny the application and inform him that such denial will be effective and final at the expiration of ten (10) days after service of such notice, unless, within such period, he requests in writing a hearing thereon. If within such period the applicant requests a hearing, the same shall be conducted in the manner prescribed by the Board. Section 6. SUSPENSION OR REVOCATION OF PERMIT - NOTICE OF SUSPENSION OR REVOCATION. The Board of Commissioners may, upon its own motion or upon complaint under oath made by any person, revoke or suspend any permit issued hereunder for the following reasons: (a) If the Board, in its discretion, finds that the continuance of the auction sale would result in detriment to the public welfare; (b) If the permittee is not a fit or proper person to exercise the privileges of the permit? (c) If the permittee has made any misstatement of a material matter in his application for a permit? (d) If the permittee has violated or failed to comply with any provision of this Ordinance, or in the conduct of such sale has committed or permitted the commission of any act or practice of fraud, misrepre­sentation, deceit or deception in connection with the conduct of such sale? (e) If the permittee has committed or permitted the commission of any act or practice in connection with such sale or any other auction sale constituting a violation of any law or ordinance? (f) If the permittee has violated or failed to comply with any rule or regulation adopted by the Board? (g) If the permittee has conducted such sale in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; (h) Whenever the Board believes that in the public interest and necessity sufficient cause exists therefor. When a permit is thus revoked or suspended, the Board shall so notify the permittee by mail or in person, and give the reasons for such revocation or suspension. Section 7. ADOPTION OF RULES AND REGULATIONS. The Board of Commissioners may adopt reasonable rules and regulations not in conflict herewith requiring additional information upon application for permits? add­itional records and reports on transactions at and conduct of auction sales? or prescribing additional rules and regulations governing the conduct of such sales and matters incidental thereto when, after investigation, it finds that such rules and regulations are reasonably necessary in the public interest. Section 8. PERMIT TO SPECIFY TIME AND LOCATION OF AUCTION - LIMITATION ON TIME AND DURATION OF JEWELRY AUCTION. The permit required hereunder shall specify the location within the City of Las Vegas at which the auction sale is to be conducted, and the period of time, specifying the dates thereof, for which the permit is granted, and it shall be unlawful for any permittee to conduct such sale at any place within the city or at any time other than that specified in such permit. No permit shall be granted for the sale of jewelry, as herein defined, at public auction to be held within thirty days (30) next preceding December 25 of each year, and in no event shall a permit for the sale of such jewelry at public auction be granted for a period exceeding thirty (30) consecutive days, including Sundays and holidays. Section 9. POSTING OF PERMIT. Not less than four (4) copies of this ordinance, printed or typewritten in type of size and style approved by the Board of Commissioners, shall be displayed in a position and location to be readily read by prospective bidders in the room where the sale is being held, and at least one (1) copy thereof shall be displayed in such position and location as to be readily read by persons outside such building. The permit issued therefor shall at all times, while valid, be kept posted in the room where such public auction is being conducted. Section 10. SALES IN STREETS AND PUBLIC PLACES PROHIBITED. It shall be unlawful for any auctioneer or other person to offer for sale or sell at public auction or public outcry any property upon any street or public place in the City of Las Vegas. Section 11. RECORD - REPORTS. The permittee must keep a book in which he shall enter all sales, the amount paid and the date of each sale, which book shall be open at all times for the inspection of the Police Department and any person interested therein. In addition thereto, if the auction sale is of jewelry, as herein defined, the permittee shall keep a true and correct copy of the inventory filed with the City Clerk, and before the commencement of the sale on any day shall indicate thereon in an appropriate manner the articles sold, if any, on the previous day, and the date thereof. The permittee shall also keep a daily record of the inventory number of each article sold, the date of the sale, and the name of the purchaser thereof. If any articles listed on the inventory be sold or disposed of otherwise than by sale at public auction, such fact, with full particulars thereof, shall be entered on the record last above provided for. Within ten (10) days after the termination of such auction sale, the copy of the inventory and the separate record of disposition of goods, together with a list of the articles set out on the inventory and not shown on said report to have been sold or otherwise disposed of, shall be delivered to the City Clerk. Section 12. LABELING OR TAGGING ARTICLES. Each item listed upon the inventory filed with the City clerk shall have securely attached thereto a tag or label upon which shall be plainly written or printed in English a number corresponding with the number of such item in the inventory, and upon which shall be plainly written or printed in English a true and correct statement of the kind and quality of the metal or other substance of which such article is made or composed, and the weight and percentage of karat of purity