162 of 1916 - Amending Section 15 and 17 in relating to auction houses ROLL CALL oo=. „
VOTING AYE NAY Salt Lake City, Utah, December 21,1916
Green
4,1
I move that the ordinance be passed.
Scheid_
Shearman
Wells � �
Co issioner of Public
Mr.Chairman__ __ __ Aff ire and finance.
Result AN ORDINANCE
An ordinance amending Sections 15 and 17 of Uhapter 3 of the
Revised Ordinances of Salt Lake city of 1913, relating to Auctioneers
and Auction Houses, and adding twelve new sections to said Chapter to
be known as Sections 15x, 15x1, 15x2, 15x3, 15x4, 15x5, 15x6, 15x7,
15x8, 15x9, 15x10, and 15x11, following Section 15.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Section 15 of Chapter 3 of the Revised Ordi-
nances of Salt Lake City of 1913, relating to Auctioneers and Auction
Houses, be and the same is hereby amended so as to read as follows:
Sec. 15. AUCTIONEERS. An auctioneer, as contemplated in this
ordinance, is a person who conducts a public competitive sale of
property by outcry to the highest bona fide bidder.
It shall be unlawful for any person to engage in the business
of auctioneer within Salt Lake City without first procuring
license so to do. Such auctioneer shall pay into the city treasury
the sum of $100.00 as an annual license therefor, and shall execute
a bond to Salt Lake Uity, with •corporate surety in the stun of $1,000,
conditional for the faithful observance of all laws and ordinances
of Salt Lake City, and the honest performance of all duties requir-
ed by ordinance, and the protection of all persons dealing with
,such auctioneer against all fraud, deception and imposition; said
bond to be approved by the Board of Commissioners and filed with
the City Recorder.
SECTION 2. That twelve new sections be added to said
Chapter 3 following Section 15 tnereof, to be known as Sections 15x,
15x1, 15x2, 15x3, 15x4, 15x5, l5x6, l5x7, 15x8, 15x9, 15x10, and
15x11.
Sec. 15x. All sales of goods, wares or merchandise by
public auction in Salt Lake ulty, must be made between the hours
of 7 o'clock a-m. and 7 olclock p.m.
Sec. 15x1. CNARITAELE OR CHURCH SUCTIONS. The provisions
of this ordinance shall not apply to any auction held for charit-
able or benevolent purposes or for any Church fair, festival or
bazaar.
Sec. 15x2. LICENSE NOT TRANSFERABLE. Neither the license
nor the permit granted under the provisions of this ordinance shall
be transferable, nor shall the same be loaned or used by any other
person, or persons, firm, corporation, partnership or association.
Sec. 15x3. FALSE REPRESENTATIONS. It shall be unlawful
for any auctioneer when selling or offering for sale at public
auction, any goods, wares or merchandise under the provisions of
this ordinance, while describing said goods, wares or merchandise
with respect to character, quality, kind or value or otherwise, to
as :e any fraudulent, misleading, untruthful or unwarranted state.4
ments tending to in any way mislead bidders, or to substitute en
article sold for another.
Sec. 7.5x4. AUCTION "OTWO. An auction house, nantem-
naated in this ors.. is a place where personal property is
sold at auction by an auctioneer.
It shall be unlawful for any person, firm, corporation,
or a5sociati.on, to engage in the business of, or to keep, conduct
or ooarate :n auction house within Salt Lake city without first
obtaining a license so to do.
Any applicant for an suction-house license, who is not a
transient suction-house dealer, shall pay into the treasury of
Salt Lake Uity the sum of One Hundred Dollars for an annual license
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and said sum shall not be pro-rated if said. license is taken
out for any part of a. license year less than the full tern;and
said applicant shall execute a. corporate surety bond. in the sum of
61,000 in favor of Salt Lake city and of any person injured or
damaged by false or fraudulent representations in dealing with
said auction house, conditioned for the faithful observance of all
laws and ordinances of Salt Lake City, the honest conduct of the
business engaged in, and for the payment of damages to all persons
injured. or damaged by fraud or false or fraudulent representations
in dealing with said auction house; :;si.d bond to be approved by the
Board of Commissioners, and filed with the City Recorder.
Sec. 15x5. TRANSIENT .AUCTION-ROUSE OWNER.. Any person,
firm, corporation, association, or any agent, servant or employee
of any person, firm, corporation, o7• association who shall sell,
or offer for sale at auction ,any goods, wares, merchandise or
articles of value in or from any hotel, rooming house, dwelling
house, boarding house, store, store room, stall, tent, building,
structure, stand or other place indoors, or outdoors, within 9 -
halt Lake, and who shall occupy said place for the purpose of con-
ducting a temporary business therein, shall be deemed a. transient
n
suction-h.ousei,daale for the purposes of this ordinance; and the
person, firm, corporation, association or partnership, or any agent,
servant or employee thereof so engaged, shall not be relieved. from
the provisions of this ordinance by reason of association tempor-
arily with any licensed dealer, trader, merchant or auctioneer, or
by conducting such temporary, or transient, business in connection
licensed
with, or as a. part of or in the name of any othe/dealer, trader,
merchant or auctioneer.
Sec. 15x6. LICE ;SE PEE. The license fee for engaging in
busineso a.s a. transient auction house owner shill be the sum of
05.00 per day, payable in advance, for each day such business
shall continue. No transient auction-house owner • shall be entitled
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to a license under any of the provisions of sections 866 of the
nevi:ed Ordin .nces of Salt Lake City of 1913, or as an auction-
house owner under the provisions of this ordinance; and said
transient auction-house owner shall file a corporate surety bond.
in like manner and for the same amount ae an auction-house owner
as set forth in Section 15x4 herein.
Sec. 15x7. PEFYIT TO SELL. It shall be unlawful for any
auctioneer, person, firm, association, corporation er-isa tse +si$4p
to sell or offer to sell at public auction in Salt Lake City, any
stock or stocks of merchandise, in whole or in part, or to keep,
oenduct or operate an auction house or a transient auction house
in Salt Lake City for the purpose of selling or offering for sale
any stock or stocks of merchandise in whole or in part, without
first obtaining from the License Aseescr and Collector of Salt
Lake City a permit in writing so to do, and the said. License Assess
or and Collector shall not issue a permit for any sale or sales un-
til he is satisfied by proof offered. by the applicant or otherwise
that neither fraud nor deception of any kind is contemplated or
will be practised, and that neither the sale, the reasons given
therefor, nor the goods to be sold have been,or will thereafter be
fraudently or falsely advertised or in any way whatsoever misrepre-
cento4 as far as said public auction is concerned; and said appli-
cation for said permit shall be by verified petition stating the
name of the applicant, his residence, the street and number of the
proposed place of sale, and shall set forth indltail the goods to
be sold, and what statements or representations are to he made or
advertised as to the same, and the length of time for which the
sa d
permit is desired, and whether or no'applicant has been previous-
ly engaged in a like or similar business, designating the place
where the same was conducted, and furnishing the said License
Assessor and collector with such further evidence as shall be deem-
ed necessary to establish the truth of the statements made in
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said petition.
Sec. 15x8. DUTIES Og T TE LICEdSE ASSESSOR A:C) CJLICCTOR.
It shall be the duty of the License Assessor and °ol.lector of
before issuing a permit
said citz/to inspect andinvestiga.te, either in person or by
deputy, any and 4.very such said stock or stocks of merchandise,
to be sold by auction, and see whether or not the provisions of
section 15x7 of ,this ordinance as regards fraud. or deception or
fraudulent or false advertising apply or are likely to apply to
said stock or stocks of merchandise.
Sec. 15x9. SELLING dla LPY, ETC. Said License Assessor
and collector shall not issue any permit to sell at public
auction, or to conduct or operate a public auction house for
the purpose of selling any jewelry, diamonds or other precious
stones, watches, gold and silver ware, gold and silver plated
ware, bric-a-bac or articles of vertu, and other like merchandise
after the 30th day of September, and up to and including the 31st
day of December of each and every year, except upon payment
in advance of the license fee in this ordinance required to be
paid by a transient auction-house owner...
Sec. 15x10. Where any applicant for a license under the
provisions of this ordinance is dissatisfied with the ruling or
rulings of the License Assessor and Collector, he shall have an
immediate appeal to the Board of Commissioners of Salt Lake City;
said appeal to be in the form of a written petition to the Board
of °ommiss.Loncr.s., setting forth the reasons for the appeal and
the errors committed by the i ior,r,ee Assessor and Collector.
Sec. 15x]] . Revocation of License. Licenses issued
under this ordinance may be revoked by resolution of the Board
of commissioners whenever it shall have been made to appear to
its satisfaction upon a proper hearing that the licensee has
violated any of the terms or provisions of this ordinance or of
the licensee's bond.. Upon revocation the right of the licensee,
shall cease and the unearned portion of the license fee shall
be deemed forfeited to the city.
SECTION 3. That Section 17 of Uhapter 3 of the Revised
Ordinances of Salt Lake Lity of 1913, relating to auctioneers and
auction houses, be and the same is hereby amended so as to read
as follows:
Sec. 17. SIDEWALK CROWDS, All auctioneers are forbidden
to conduct their sales in such manner as to cause people to
gather in crowds on the sidewalks so as to obstruct the same;
nor shall they use immoral or indecent language in crying
their sales; or make or cause to 'co made noisy acclamations
of bells
such as ringing/ blowing of whistles, or otherwise, though
not enumerated here, through the streets in advertising their
sales; and no bellman or crier, drum or fife or other musical
instrument or noise—making instrument or any show or other
means of attracting the attention of passers by, except the
customary auctioneer's flags, shall be employed or suffered
to be used at or near any place of sale or at or near any
auction room or near any auction whatsoever.
SECTION 4. This ordinance shall take effect upon its
first publication.
Passed by the Board of Commissioners of Salt Lake City,
Utah, ,January 9th , 1917.
�' / Id a y o r..//
City ecorder.
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