HomeMy WebLinkAboutORDINANCE 59-32r’””vr rr-v’r rn(cTTc2 (‘‘-fl-r
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Y3E IT OBDAflTED PY TI’:’BOPJJ OF TI’’USTS OF TrE TCP OF
EST fARK,COLORAIC:
Sectin 1.o person,fi]a or corrorotion shall sell any
arorerty,goods,wares or nierchondioe at nublic auction upon any
of the streets,alleys or nublic ounds of the Th’of Estee Perk.
Section 2.110 person,firm or corooraticn shall hereafter
sell or offer to sell or cause to he sold at nublic auction within
the corrior-te limits of the Torn of Estes Parh any roocrt1T,oods,
wares or nierchandie rithcut first ma1dn am)lication for and
obtaining’a license therefor as hereinafter nrovided.
Section 3.The Torn Clark shall issue an auctioneer’s license
permitting the sole of property,iooda,rares and merchndise at
uhlic auction within th Torn of’Estee fark to any person applying
for the some and upon the payment of 1OO.OO for a liense per
callendar month or any part tl”areof,or if a license is desired
by the day,the fee therefcr ahEll be the sum of 5.OO for each
and every day for ihich the license is issued.No norson to whom
an auctioneer’s license hs been issued shall allow any other person,
firm or corporation to use said license either directly or indirectly.
Provided,honever,that no license shall alloy:the holder thereof
to sell,property,:oods,wares or merchandise at rublic auction
upon any of the streets,alleys or public Q’rcund.s of the Town of
Estee Park.
Section 4.The povisions of this ordinance shall not annly
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to sales made by sheriffs,constables,tax collectors,adraLais—
trators,executors or any other person required by 1ev:to sell
real or personal rroerty at pu]ic auctin,not to sales v±en the
proceeds thereof are to e used for reliricus or charitable purposes.
Section 5.TP t before any license shall be granted under tiis
ordinance the applicant desirin the same shll me application
Ia v:ritin:therefor and file the same aith the Ton C]azrk.Said
eprlication shall state:(a)The name of the aoplicsnt;(b)his
residence address;(c)address of place of business.
Section 6,That the Town Clerk shall,as a condition precedent
to tho grentin of a license,rec’uire the an’licant to enter into
a bond to the Tov;n of Estas Park nith tv:o responsible freeholders
as surety,or (in lieu thereof)the bond of a surety cormany;said
bond to be approved iDy the Town Clerk of Estes Pork.Said bond to
he in the sun of One Thusand Dollars r:aoeo.co)conditioned for
the due observance of all such ordinances of the To’”n of Estes ]?rk
as are in force or may be passed respecting auctianaering,and
also sPell bind the aplicant when licensed to pay any jument
recovered against the licensee by reason of any dsins:e sustained
as a result of having nurchased any article or commodity ft za such
licensee,or breach of warranty in the sale to such person or
persons on :hich jui:nent has been recovered.
Section 7.io person to ahara a license shall he issued shall
enaae in what is ccnrzonly celled ?Tbr}inCn,“bellahooing’,rining
of bell or the use of any other noisy device in order to attract
people passing the nlace ahere the auction is conducted to enter
the place of business.
Section 8.The To.n Board may unon its own motion,and shall
u-’on a verified cupleiat in ariting of any rcraon,investigate
the acti:.ns of any parson holdinh a license;and said Town Board
shall have the por:r to suspend for the unexpired portion of the
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licensd perioã or for a period less tN:n tha une::.ired portion
of the licensed period;or to revoke any license issued under the
provisions of this ordinance hen it appears that the licensee hs:
vi1lfully made aWfalse pmise or willfully risrepresented any
oods,either ihrou’h a-ents,salesmen,advertising or otherwise,
or for the violsticn of any of the provisions of this ordinance.
Fowever,before suspendinr or ;‘evokint any license,the licensee
shall be notified in writing of any charges made and shall ‘DC afforded
oprortunity to be heard in person or by counsel.Such written notice
shall be served three days rrior to ths date of hearing,eiiiar
personally or by riailin the same by reL:isteaed mail to the post office
address civen in the application for said license.
Section 9.If any Provision of this ordinance is declared or
held to be unconstitutional,no o.her portion of said ordinance shail
be affected thereby,but the reseining pricions of this ordinance
shall continue in force.
Section 10.Any person,fiî or corporation vho ahall violate
or fail to coaply aith any of the provis lens of this ollnance shall
upon canviction thereof be fined not less than 10.C0 nor more than
300.0O for each offonse
Section 11.All ordinances and parts of ordi nces in conflict
hore;ith are hereby repo.led.
Section 12.It is hereby declared that thi ordinance is
necessary for the inunediete nieservation of the public peace,health
ar.safety and in tht..oainion of the Board of Trustees an emercncy
exists;therefore,ihj orinence shall take effect and be in force
fri and fter its final passafe and publication.
Teased and adopted this twenty first day of Jvrch ,A.D.
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