§ 36-85. Identification tag for articles offered for sale.

(a)

No person shall offer for sale at public auction in the city any article mentioned in section 36-80 unless there is securely attached to each article so offered for sale a tag upon which there shall be plainly printed or written in English a true and correct statement of the kind and quality of the metal or materials of which such article is composed and the percentage or karat of purity of such metal or material. In case such article is placed or overlaid, such tag shall contain a true statement of the kind of plating and the kind of material or metal covered. In case such article is a precious or semiprecious stone, such statement shall contain the true name, weight, quality and fineness of the stone. In case such article is a watch or clock, such statement shall contain the true name of the manufacturer and, if any secondhand or used movement or substitute part or movement of any watch or clock is offered for sale in a new case, such fact shall be set forth in such statement. No article sold or offered for sale shall bear any false or misleading name, description or trademark.

(b)

Such tag shall be signed by the person licensed to conduct the auction sale and shall remain securely attached to the article and shall be delivered to the purchaser as a correct description and representation of the article. Any misrepresentation or incorrect description appearing on the tag or statement shall be deemed prima facie evidence of intent to defraud the purchaser of the article bearing such tag or statement.

(Code 1964, § 6-19; Code 1988, § 36-91; Ord. No. 38347, § 3, 3-12-1953)