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<baltimore-city-law heading="§ 1-18 Auction sales of jewelry — merchant’s stock.">
  <section prefix="§" num="1-18" heading="Auction sales of jewelry — merchant’s stock.">
    <para num="(a)" heading="Days; frequency.">
      <para num="(1)">It must be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all.</para>
      <para num="(2)">A period of at least 365 days must have elapsed after the conclusion of any auction sale, conducted either before or after the enactment of this subtitle, before another auction sale shall be commenced by the same merchant.</para>
    </para>
    <para num="(b)" heading="Hours.">It must be held only between the hours of 8 a.m. and 6 p.m., and at no time within the hours beginning at 6 p.m. and ending at 8 a.m.</para>
    <para num="(c)" heading="Location.">Such auction sale must be held:<para num="(1)">either:<para num="(i)">at a place at which the merchant so selling his or its goods at auction conducted the jewelry business in Baltimore, for the period of at least 90 days immediately prior to the commencement of said auction sale; or</para>
        <para num="(ii)">at the regular and usual auction rooms of some duly licensed auctioneer; and</para>
      </para>
      <para num="(2)">at no other place or places.</para>
    </para>
    <para num="(d)" heading="Statement by merchant.">
      <para num="(1)">Not more than 15 nor less than 10 days before commencing any sale, the merchant must file with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing a statement setting forth:<para num="(i)">the name and address of the merchant so intending to conduct said sale;</para>
        <para num="(ii)">the place or places at which for the year next preceding said date of sale such merchant has conducted his or its business;</para>
        <para num="(iii)">the date or dates on which the merchant secured a trader’s license for said business;</para>
        <para num="(iv)">the locations of and purpose of the proposed sale;</para>
        <para num="(v)">the probable duration thereof;</para>
        <para num="(vi)">the name and address of the auctioneer who will conduct said sale;</para>
        <para num="(vii)">an inventory showing in detail the quality, quantity, kind, or grade of the goods, wares, and other articles proposed to be sold; and</para>
        <para num="(viii)">that no items or articles belonging to any other person or corporation than said merchant are included in said inventory.</para>
      </para>
      <para num="(2)">Said statement must be subscribed by such merchant or an officer thereof (if a corporation), and verified by the oath before a notary public of the person so subscribing.</para>
    </para>
    <para num="(e)" heading="Affidavit and report by auctioneer.">
      <para num="(1)">At least 2 days before the commencement of such sale the auctioneer named in the foregoing statement shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing an affidavit subscribed and sworn to by him:<para num="(i)">referring to said statement; and</para>
        <para num="(ii)">setting forth<para num="(A)">that he has been employed to conduct said sale at the time and place named therein; and</para>
          <para num="(B)">that he will keep a true record of any and all lots or items sold at said sale, and the prices obtained therefor.</para>
        </para>
      </para>
      <para num="(2)">Within 10 days after the conclusion of said sale, said auctioneer shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing a report subscribed by said auctioneer and sworn to by him before a notary public:<para num="(i)">showing all the articles so sold at said auction sale, and the price at which sold; and</para>
        <para num="(ii)">certifying that no articles were sold which were not included in the foregoing statement.</para>
      </para>
    </para>
    <para num="(f)" heading="Sale limited as in statement; signs.">
      <para num="(1)">No items or articles not set forth in the statement and inventory filed by such merchant in accordance with the provisions of subsection (d) preceding shall be sold or offered for sale at said auction sale.</para>
      <para num="(2)">All articles so sold must be sold at the property of and under the name of the merchant so conducting said sale.</para>
      <para num="(3)">During the conduct of said sale, a sign or signs must be maintained at the place of said sale plainly visible to persons attending the same, showing the name and address of the merchant whose goods are so being sold at auction.</para>
    </para>
    <para num="(g)" heading="Other business prohibited during sale.">Except in the case of auction sales conducted at the rooms of some duly licensed auctioneer, as set forth in subsection (c) preceding, during the time when and while such auction sale is being conducted, no business other than the jewelry business which had been conducted for the period of 90 days immediately prior to the commencement of said auction sale, shall be conducted or engaged in at and in the place so designated in the statement filed with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing.</para>
    <para num="(h)" heading="Subdivided premises as “place”.">For the purpose of this section, should any person or persons or corporation erect, construct, or install, either temporarily or permanently, any mere partition, shade, blind, or any other similar device which may divide or separate that part of said building so used for the purpose of sale, repair, or dealing in gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and so holding a trader’s license for such business, from the remaining part of the same building, then said entire premises so divided or separated shall be construed and defined as “place”.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 2, §15(a) - (h)</annotation>
    <annotation type="History">Ord. 77-494</annotation>
    <annotation type="History">Ord. 04-672</annotation>
    <annotation type="History" />
  </section>
</baltimore-city-law>
