§ 1-18. Auction sales of jewelry — merchant's stock.

(a) Days; frequency.

(1) It must be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all.

(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.

(b) 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.

Such auction sale must be held:

(1) either:

(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

(ii) at the regular and usual auction rooms of some duly licensed auctioneer; and

(2) at no other place or places.

(d) Statement by merchant.

(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 a statement setting forth:

(i) the name and address of the merchant so intending to conduct said sale;

(ii) the place or places at which for the year next preceding said date of sale such merchant has conducted his or its business;

(iii) the date or dates on which the merchant secured a trader's license for said business;

(iv) the locations of and purpose of the proposed sale;

(v) the probable duration thereof;

(vi) the name and address of the auctioneer who will conduct said sale;

(vii) an inventory showing in detail the quality, quantity, kind, or grade of the goods, wares, and other articles proposed to be sold; and

(viii) that no items or articles belonging to any other person or corporation than said merchant are included in said inventory.

(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.

(e) Affidavit and report by auctioneer.

(1) At least 2 days before the commencement of such sale the auctioneer named in the foregoing statement shall file with said Police Commissioner an affidavit subscribed and sworn to by him:

(i) referring to said statement; and

(ii) setting forth

(A) that he has been employed to conduct said sale at the time and place named therein; and

(B) that he will keep a true record of any and all lots or items sold at said sale, and the prices obtained therefor.

(2) Within 10 days after the conclusion of said sale, said auctioneer shall file with said Police Commissioner a report subscribed by said auctioneer and sworn to by him before a notary public:

(i) showing all the articles so sold at said auction sale, and the price at which sold; and

(ii) certifying that no articles were sold which were not included in the foregoing statement.

(f) Sale limited as in statement; signs.

(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.

(2) All articles so sold must be sold at the property of and under the name of the merchant so conducting said sale.

(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.

(g) 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.

(h) 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".