Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-493

AN ORDINANCE TO AMEND CHAPTER 5 SECTION 1 CODE OF LAS VEGAS, NEVADA, 1949, DEALING WITH AUCTIONS AND AUCTIONEERS BY FURTHER DEFINING AUCTION SALES TO INCLUDE THE SALE OR OFFER TO SELL OF MERCHANDISE BY PUBLIC OUTCRY, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, PROVIDING OTHER MATTERS PROPERLY RELATED THERETO; AND DECLARING AN EMERGENCY. WHEREAS, Chapter 5 Code of Las Vegas, Nevada, 1949, deals with the sale of merchandise by public auction; and • WHEREAS; sales are being made in the City of Las Vegas by so-called "action" sales which tend to promote the same evils as are prohibited by the auction ordinance; and WHEREAS, such practices in other cities have resulted in the passage of ordinances regulating so-called “auction" sales; NOW, THEREFORE, the Board of Commissioners of the City of Las Vegas does ordain as follows: SECTION 1. Section 1 Chapter 5 Code of Las Vegas, Nevada, 1949 is hereby amended to read as follows: Definitions. (a) Auction Sale. The term "auction" and/or "auction sale" shall mean a sale of property by public outcry addressed collectively to a group of three (3) or more persons assembled for the purpose of conducting sales in the City of Las Vegas. (b) Auctioneer. The term "auctioneer" shall mean any person who shall, by public outcry, sell or offer to any bidder at public offering, when bids are called for, any goods, wares, merchandise, livestock, vehicles, fruits, stocks, bonds and other securities, or any personal property of whatsoever nature, or any real estate or interest therein, at any store, stand or other place within the city where any and all persons who choose so to do are permitted to attend and offer bids, or any person who shall advertise or in any other manner hold himself out as an auctioneer for public patronage, or receive fees or other compensation for services as such. (c) Property, The term "property" shall mean real property and personal property of whatsoever nature. (d) Jewelry. The term "jewelry" shall mean any goods, wares, and merchandise customarily kept in retail jewelry stores for sale, including, but not limited to, precious and semi­precious stones and imitations thereof, whether sold or offered for sale with or without settings, watches, clocks, binoculars, optical instruments, cameras, luggage, leather goods, plastic goods, imitation leather goods, cigarette cases, compacts, mechanical pens and pencils, rings, bracelets, articles made in whole or .in part of gold, silver, platinum or other precious or semi-precious metals whether solid, plated or overlaid; and, in addition thereto, shall also include glassware, china, porcelain and art objects. SECTION 2. That by reason of the fact that there is presently being conducted a so-called "action" sale within the city, which unless regulated by this ordinance, could result in other merchants attempt­ing to do the same thing, which would be a detriment to the public peace and welfare, it is hereby de­clared that an emergency exists and that this ordinance is necessary for the immediate preservation of the public welfare. SECTION 3. An ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That if any sentence, clause, or part of this ordinance is, for any reason, being questioned or held invalid, such judgement shall not affect, impair or invalidate the remaining pro­visions of this ordinance, which shall be confined in its operation to the specific sentences, clauses or parts of this ordinance so held unconstitutional and invalid and the inapplicability or invalidity of any section, clause or part of this ordinance, in any one or more instances shall not affect or prejudice in any way the applicability and validity of this ordinance in any other instance. SECTION The City Clerk and Clerk of the Board of Commissioners of the City of Las Vegas shall cause this ordinance to be published once a week for two successive weeks immediately following its final reading and adoption in the Las Vegas Sun, a daily newspaper published in said City, and this ordinance shall become effective immediately following the second publication thereof. PASSED, ADOPTED AND APPROVED this 20th day of June, 1956. /s/ C. D. BAKER, Mayor (SEAL) ATTEST: /s/ SHIRLEY BALLINGER, City Clerk Voting "Aye": Commissioners Bunker, Fountain, Sharp, Whipple and Mayor Baker Voting "Nay": None Absent: None EMERGENCY ORDINANCE NO. 721