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Home My WebLink About127 of 1974 - Amending Sections 20-5-6, 20-5-19 and 20-5-28, relating to auctioneers and establishing requirments ,/VOTING Aye Nay Salt Lake City,Utah, October 23 19 74 Mr.Chairman , I move that t' Ordinance be passe.we- Greener Harmsen ,I&a''( /,_rL mac. 4 Harrison ✓ � • j- Phillips J 4?� AN ORDINANCE Result O R D AN ORDINANCE AMENDING Sections 20-5-6, 20-5-12, 20-5-19 and 20-5-28 of the Revised Ordinances of Salt Lake 'City, Utah, 1965, relating to auctioneers. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Sections 20-5-6, 20-5-12, 20-5-19 and 20-5-28 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to auctioneers, be, and the same hereby are, amended to read as follows: "Sec. 20-5-6. Inventory of sale articles. At least fifteen days prior to every auction, a true and correct inventory of items to be sold shall be filed with the license assessor of Salt Lake City. Said inventory shall: (a) List the articles proposed to be sold at sale by auction; (b) Give any identifying numbers or marks which may be upon the said articles to be sold; (c) Indicate opposite the description of each article whether the same is new or used; and (d) List each of the said articles de- scribed in said inventory with a number; provided, however, that no article need be listed in the said inventory which has'', a retail value of less than $5,00. Upon receipt of said inventory, it shall immediately be forwarded to the police department for investigation to establish insofar as possible that the property therein listed is not contra- band or otherwise illegal for sale. After said investigation, the police shall issue a written report to the license assessor within ten (10) days after receipt of the inventory, and no auction may be held until said report is received by the license assessor, the auction approved by the Board of City Commissioners, and the appropriate license issued by the City. It shall be unlawful to sell at auction any item not listed on the inventory as set forth above." "Sec. 20-5-12. Bond required prior to license issuance. Evey applicant for an auctioneer's license shall file with the city recorder of Salt Lake City, Utah, a surety bond running to Salt Lake City, in the amount of five thousand dollars with surety acceptable to and approved by the city attorney conditioned that the said applicant, if issued an auctioneer's license, will comply fully with all the pro- visions of the ordinances of Salt Lake City and the statutes of the State of Utah regulating and concerning auctions and auctioneers, will render true and strict accounts of all his sales to any person or persons employing him to make the same, will not practice any fraud or deceit upon bidders or pur- chasers of property from him at any auction sale or suffer 127 -2- or permit any person in his employ to practice any such fraud or deceit, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence, or other wrongful act on the part of the li- censee, his agents or employees in the conduct of any auction or in the exercise of the calling of auctioneer. A .liability insurance policy issued by an insurance company authorized to do business in the State of Utah which conforms to the above requirements may be permitted by the city attorney in his discretion in lieu of a bond, An auctioneer employed by one holding an auction house license or a transient auction house owner's license, in lieu of filing a bond or certificate of insurance, may file a notarized affidavit from the said license holder that affirms that said applicant is an employee, that said license holder is responsible for all actions of his employee, and that said employee is covered by a valid bond as above required. It shall be unlawful for any auctioneer who files a certificate of employment with an auction house licensee or transient auction house licensee to conduct an auction except under the direct*o x supervision of said licensee." "Sec. 20-5-15. Auction house license required. It shall be unlawful for any person to engage in the business of, or keep, conduct or operate an auction house in Salt Lake City, Utah, without first obtaining a license to do so and filing a bond as required in Section 20-5-19." "Sec. 20-5-19. Id. Bond required. The applicant for a transient auction house owner's license or auction house license shall, notwithstanding the provision of Section 20-5-12 of these revised ordinances, file with the city recorder of Salt Lake City, a corporate surety bond accept- able to and approved by the city attorney in the sum of five thousand dollars, which bond shall indemnify and run to Salt Lake City and any person injured or damaged through dealing with said licensee or their employees or agents and shall be conditioned on the fact that if the applicant is issued said license, he or it will fully comply with all the provisions of the ordinances of Salt Lake City and with all the statutes of the State of Utah regulating and concern- ing auctions and auctioneers, will render true and strict accounts of all of his sales to any person or persons employing him to make the same, will not practice any fraud, deceit or make any material misrepresentations of fact with reference to property or bidders or purchasers of property from any auction sale conducted under the license, and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or wrongful act on the part of the licensee, his agents or employees, in the conduct of any auction or the exercise of the call of auctioneer." "Sec. 20-5-28. Sale merchandise to be in the state for fifteen days. It shall be unlawful for anyone to sell or offer for sale at auction any merchandise, unless the said merchandise shall have been within the State of Utah for at least fifteen days immediately prior to the said sale or offer for sale and the city license assessor shall be given five (5) days advance notice of its arrival in Salt Lake City." SECTION 2. In the opinion of the Board of Commissioners of Salt Lake City, Utah, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective �)rf ti / -3- immediately. SECTION 3. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake C' y, Utah, this 23rd day of October, 1974. MAYOR //.c.(//(I,/r/ / A/7(/li,..'L';'C Chief Deputy CITY RECORDER // (SEAL) BILL NO. 127 of 1974 Published -October 30, 1974 127 • Affidavit of Publication STATE OF UTAH, } ss County.of Salt Lake AN ORDINANCE Sharon Payne AN ORIy1NAKE • t6DINO Section 205-6,2pS12,205-19 and 26iNf of ipo _ Revised Ordinances of 5 Lake Ciry Ufah,1965,relating to auctioneers. Urs Be a on/aired by me 9f Comm 6,Mstener52USalt Lake and City, Utah Rev dal SEle01 1 That pS Ord t/arces of Salt Lake C UFM 196§-relating to auctioneers,be and me same hereby "' ae.relernaez:at tnf da+5abrro ,,urinn, Being first duly sworn,deposes and says thatthe is legal adrer- prtrpydgprewinventory of items tohe sLoik shall be tiled with tile lie e.. using clerk of the DP.SERET NEWS,a daily (except Sunday) h Salt Lake City. ve am Identifying shall: or Me oaks which o°wn;ev be own the.1d •• 1 r,N,,,,,, d,(o)hm e..,,,remo rek,„aaanarnaa therthe newspaper printed in the d ?s1f language, with general cir. {Ir use.and()hist each of the said articled described In said lnventorJ hen klMatmar, a need to listed m the sadinvemnyl culation in Utah, and published in Salt Lake City, Salt Lake t000r a�r{Mlf value of Isss than 55.00.Upon receipt of said inventory,it shall in ooltldl to amthe police depa"mPet for Investigation to establish County, in the State of Utah. as,gyhle that the property therein listed Is not contraband or olherwlse itooI ter Ie.,After said investigation,the police shall Issue a written report to the e.pc r.wiltdo toll0l days slier receipt of the inventory,and no auction may Ir!chi until okt report is jived by the IIrerSO assessor,the awwo aPproVedM. That the legal notice of which a copy is attached hereto ho i.e.e a of City Commissioner,and the a,000r,ate oense Issued M the City.It uniaWf I to Sell at auction any Item not listed on the Inventory as set forth 90,1'2.,pond requiredpri to goer.recorder of Salt eG'ry published an ordin�noe relating to Auctioneers___ d -yotiower's Sae-lake City,in the amount of the thousand dollars with surety .•.Mai ea dwreer's license,wlcl�conplyyfulls iiith all dMat the said the provisions of the oydincnses'of Salt Lake City and the statutes of the state of Utah rcg.latlrg and jrancenting amt..and auctioneers,will render true and strict ecmuma of all his t t •kw:sen or eaenwos em0101,1 io him to make the same,will not practice any rs of property from hi et any auctunsale or recdordo::eifoaddbkki000 ps ennolesuch _. or emitanh parson inhisamnldt to any pe,00 by of ordecent,andwl, y:alldarc+ar linwriwimay fbe actsustainedontby ofteosenn0 reason ofanyirapl,yees in „is diner feibtie actopinePat the ofte.11in,hif a9eoods orr.employees detc-0.ISUedbya in the rleeercisenins on of to do auctionee the r. iv010 Fss..RNeni e,above r ouany ro nr mmaydbe permitted by the city q inmy f which...RI ItME,a in his dl¢retor aP gavel transienta mntl n o Below ef'mplense,M one holfilin asa Tien 7 lipase 0 0000 au may ction noose owned r's wit from in Ileu of filing license d iltift If let s.ki afoplicant Isaan employee,'t at sal t llceme holder door for an October 301 1974 .,.f to k I actionspr his-Homer and that.Id eicgiovee Is covered by a valid band Ss ate.(egu It ion 1.begeIS/Ifulior amansi.t won a cerli.tificate...tome.auction was published in said newspaper on — of Udumei'the tmre 1awept"S n20515 Isiond sa It unlawful for "Sec.I e-15 Wetly/housee license ep,canted remised.opera�tellaneauction house i1n Sal}Lake un to ofwage n,he busk,.pf or City, Utah,witMUt flrsFddainlrg a lianwz to do so and fllltg a brig as rcqu red in section 206.19 soc..-5-19 td goner ouired Theapplirant for a transient auction houseowners (license or auction house license shall,notwithstanding the provision of Section 25-S 12 p these revised ordinancps,file with the city recorder of salt Lake City,a corporate ---—— -/ eery Mud pfabla to and approved try the city attorney In the sum of five �j yt� Raman('doll which bad snail indermlifyand runtoSait Lake City and any person hinged or damaged through dealhg wit said licensee or Moir employees or agents [/ land span he conditioned on the fact that if the applicant Is issued said noon.,tie or 1 Legal Advertising Clerk•will font,oomph with all the provisions of the ordinances of salt Lake City and with all the statutes of the stated Utah re, offoserningas aottln, I 'u refer tm nd'Ottht'accounsf of his f person ersar Ie�vgisrt�onfctli not practice any deceit Make OW 'wal isrepreatisofactoh rncto properly obidders Purchasers properly any aucliona!ocmduted under the license,am will nay all agnates vwr on may be actsustained by ooff the licensee,his amoutntsoor employees,go �ten 1llc negligence a wrongful nfile 1 of 31st day of poor 2h-5'a auction - se me this Sod:or any Soleo, ifo M le In i stare for fifteen days.p Shan id unlawfuldtno haha h ye I/ee within iforSalaattoteof anth or at lea tunless tliken al id prlott llm�tl sok dr o�for sale and Sheeny eepyikalslee�asesifsore_hallll tvie 9ivan five(5)days advance notke of its arrival in Salt Lake City'." A.D. 19 74 SECTION2 to the opinion of the Board ofCanmisslaiers of Salt Lake City,Utah, it is rieoeseary ie'tmbeace•h1.Mlth and weltered tin lheobitantsot Solt Lake City that this ordinance become eftectiveimmediatelV SECTION'F.This ordinalre shall take effect upon its first publication. l passed by the Bead of Commissioners of Sap Lake City,Utah this23rd day ut ., October,.1924 f {' e J.G 1J.MNor ay 42 K IL:,t a.t e (SEAL) N101nA• a0:`, a NotaryPublic Chief Deputy City Record. (SEAL1 ' _ au_NO.O totow IA-921 }hrh115ced:Octl".30,19I1 • My Commission Expires February_13,_.197.8