CHAPTER 4. AUCTION SALES OF JEWELRY.
Sec. 4.3. Same--Bond required; amount; conditions.
No permit to conduct a public auction of jewelry shall be granted until
the applicant shall have filed with the city clerk a surety bond in the sum of
two thousand five hundred dollars, conditioned upon the faithful performance of
all the provisions of this chapter and all other applicable ordinances of the
city and laws of the state pertaining to auctions and closing out sales, and
shall also indemnify any purchaser at the public auction who suffers any loss by
reason of any misrepresentations or deception made or practiced by the
applicant, his agents, servants or employees, either at the time of making the
sale or through any advertisement of any character whatsoever printed or
circulated by the principal, his agents, servants or employees.
shall contain the further provisions that it inures to the benefits of any and
all persons who may be damaged by reason of any failure on the part of the
person named therein to comply with the provisions of the bond, and that any
person so damaged may maintain an action thereon against the person named in the
bond, and the surety upon the bond, and that the bond may be sued and recovered
upon in several actions until the whole penalty is exhausted.
In lieu of a
bond executed by a surety corporation as aforesaid, the applicant may file a
similar bond in the amount of five thousand dollars executed by the applicant
and two personal sureties. Such sureties must be residents of the county and
must own real property in the county of an assessed value of not less than the
penalty of the bond, and must be worth at least the penalty of the bond over and
above their just debts and liabilities, exclusive of property exempt from
execution. The affidavit of each surety, setting out facts showing the
qualifications of the sureties as aforesaid, must accompany the bond. Such bond
is subject to the approval of the city clerk. (Ord. No. 462, §