44-1678. Numbering of inventoried articles; subsequent inventory; intent to defraud

A. No article shall be sold at the auction for which the license was obtained unless there is securely attached to the article sold a tag, card or label bearing accurate reference to the written inventory prescribed in section 44-1674, upon which shall be plainly written or printed a true statement of the kind, quality and weight of the metal of which the article is made or composed and the percentage or karat or purity of such metal. If the article is plated or overlaid, then the label shall contain a true statement of the kind of plate and percentage of purity thereof, and the kind of metal or material covered. If the article is a precious or semiprecious stone, the statement shall contain the true name, weight, quality and fineness thereof. If the article is a watch or clock, the statement shall contain the true name of the manufacturer thereof. If a second-hand or old 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 the attached statement, and no such article so sold or offered for sale shall bear any false or misleading name, description or entry thereon.

B. The tag, card or label shall remain securely attached to any article sold or offered for sale, and shall be delivered to the purchaser by the person selling the same as a correct description or representation of the article sold. If there is more than one of the same kind of article to be sold, then the tag, card or label shall indicate the chronological number of the respective articles of the same class sold.

C. No article shall be sold at the auction for which the license was obtained unless it was listed in the inventory accompanying the application, except that such articles may be sold if listed on a supplementary inventory subsequently approved by a majority of the board of supervisors of the county in which the auction is held.

D. It shall be presumptive evidence of intent to defraud or to violate the provisions of this article where goods, wares, merchandise or articles sold or offered for sale under the provisions of this article fail to agree with the description contained on the tag, card or label provided for in this section.