Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-413

Section 2. PERMIT REQUIRED. It shall be unlawful for any person to advertise for disposal, offer for sale, dispose of, or sell, or to cause or permit to be advertised for disposal, offered for sale, disposed of, or sold, at public auction, within the City of Las Vegas, or in any manner carry on or conduct, or cause or permit to be carried on or conducted, within the city, a public auction of, any property, whether the same shall be his own property or the property of others, without first complying with the provisions of this Ordinance and obtaining a permit so to do as herein provided; provided, that no permit shall be granted to any person unless he is the holder of a valid and subsisting license as an auctioneer under Ordinance No. 244, as amended, is a citizen of the United States or has duly declared his intention of becoming a citizen of the United States, and has been a resident of the City Of Las Vegas for at least one (1) year next preceding the filing of his appli- cation for such permit; and provided further, that no permit shall be granted to carry on or conduct an auction sale of jewelry, as herein defined, unless such jewelry is the stock in trade of a merchant who has been, for a period of at least one (1) year next preceding the filing of the application for such permit, continuously engaged in the City of Las Vegas in the business of selling such jewelry at retail or wholesale only and is disposing in good faith of his stock for the purpose of retiring from business. Section 3. APPLICATION FOR PERMIT. All application for permits required by this Ordinance shall be filed by the person who as auctioneer will carry on or conduct any auction sale with the City Clerk, addressed to the Board of Commissioners, not less than twenty (20) days nor more than forty (40) days before the date of the commencement of any auction sale, on forms furnished by the City Clerk, and each application shall be accompanied by a fee of Twenty Dollars ($20.00), no part of which may be refunded to the applicant. All such applications shall be verified and shall set forth the following information: (a) The name and address of applicant. (b) Length of time applicant has been engaged in business in the City of Las Vegas. (c) Length of time applicant has been a resident of the City of Las Vegas. (d) Time and place of any auction sale applicant may have conducted in the City of Las Vegas or else­where within one (1) year prior to the date of application. (e) Whether applicant is the holder of a license as an auctioneer under Ordinance No. 244, as amended, for the current period. (f) Whether applicant has ever made application for an auctioneer's license under Ordinance 244, as amended, or a permit under this Ordinance, and has been refused the same. (g) Whether applicant has ever held an auctioneer's license under Ordinance No. 244; as amended, or a permit under this ordinance, and whether the same has been revoked. (h) Whether applicant is a citizen of the United States or has duly declared his intention of becoming a citizen. (i) The location of the place where the auction sale will be conducted. (j) The length of time for which the permit is desired and the date when the applicant desires to commence said auction. (k) The name and address of the owner of the property proposed to be sold at said auction. (1) If the property proposed to be sold at said auction is jewelry, as herein defined, whether the owner thereof, has been, for a period of at least one (1) year next preceding the filing of the application, continuously engaged in the City of Las Vegas in the business of selling such jewelry at retail or wholesale only, whether such jewelry is the stock in trade of such owner in said business, and whether such owner is disposing of his stock at said auction for the purpose of retiring from business. The applicant shall also furnish satisfactory evidence that the jewelry proposed to be sold is a bona fide part of the owner's stock in trade, and that they were not secured, purchased or brought in to the owner's place of business for or in anti­cipation of said sale. (m) If the property proposed to be sold at said auction is jewelry, as herein defined, an inventory of the same, prepared as follows: Each item shall be listed separately, except that items which are to be sold as a set, or together, may be listed together as a single item. Any property so listed may not be sold otherwise than together as listed. Items, or sets, or groups of items, listed shall be separately and consecutively numbered, beginning with the number one. Following the name of each article, and upon the same line or immediately beneath it, shall be: (1) A description of the article, giving the name of the manufacturer, if known, the manufacturer's number, if any, the name, size or weight of any precious or semiprecious stones or imitations thereof, the kind of metal, the grade or fineness thereof used in said article, together which such other and further information as shall reasonably, tend to inform persons examining the inventory of the nature and quality of the articles listed and to identify the same; and (2) The wholesale or invoice values thereof. Section 4. PERMIT FEE AND BOND REQUIRED. No permit, as required by this Ordinance, shall be granted unless the applicant therefor shall have first paid to the City Clerk at the time of filing his application the fee prescribed herein, and unless there shall first be filed by or in behalf and on the part of said applicant with the City Clerk at the time of filing his application, or at such time thereafter as the Board of Commissioners may allow, a bond executed to the City of Las Vegas by a surety company duly authorized so to do and authorized to do business in the State of Nevada, to be approved by the Board of Commissioners. Said bond, in form, must be joint and several, and the penalty thereof, where the property proposed to be sold is jewelry, as herein de­fined, must be a sum equal to one (1) per cent of the total invoice or wholesale value of the articles listed in the inventory, but not less than Two Thousand Dollars ($2000.00) nor more than Five Thousand Dollars ($5000.00) in any event, and the penalty thereof, where the property proposed to be sold is other than jewelry, must be Two Thousand Dollars ($2000.00). Said bond must be conditioned to be paid to the City of Las Vegas or to any person suffering injury by reason of any violation of the provisions of this Ordinance, and that the principal therein named will faithfully conform to each and all of the rules and regulations prescribed by the Board of Commissioners for the conduct of auction sales and the business of auctioneers, and will faithfully abide by and conform to this Ordinance and each ordinance of the City of Las Vegas whether then in force or thereafter adopted. Said bond shall not be void upon the first recovery, but may be sued and recovered upon from time to