Section 61-16-5 - Sales prohibited without license.

NM Stat § 61-16-5 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

All sales of jewelry by auction within the scope of Chapter 61, Article 16 NMSA 1978 are forbidden unless a license issued pursuant to that article has been obtained and is in effect. No such sales whether licensed or not shall be held or be or remain open for business for a period of more than fifteen consecutive days exclusive of Sundays and legal holidays nor shall any license be granted for a sale of greater duration.

History: Laws 1941, ch. 45, § 3; 1941 Comp., § 51-1505; 1953 Comp., § 67-13-5; Laws 1993, ch. 59, § 2.

The 1993 amendment, effective July 1, 1993, substituted "Sales prohibited without license" for "Prohibition" in the catchline; deleted former subsection designations, so that former Subsections A and C become the first and second sentences of this section; substituted "Chapter 61, Article 16 NMSA 1978" and "that article" for "this Act" in the first sentence; and deleted former Subsection B, pertaining to limitations on the hours for sales.

Law reviews. — For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Res. J. 599 (1972).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Auctions and Auctioneers §§ 3, 4, 8, 9.

Unlicensed auctioneer's right to recover compensation, 30 A.L.R. 851, 42 A.L.R. 1226, 118 A.L.R. 646.

License restrictions and regulations, validity, 31 A.L.R. 304, 39 A.L.R. 773, 111 A.L.R. 473.

Discrimination against nonresident by license, 61 A.L.R. 346, 112 A.L.R. 63.

Validity, construction and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.

7A C.J.S. Auctions and Auctioneers §§ 3, 4.