51 of 1938 - Amending Sections 37 and 38, Revised Ordinance 1934, licensing auction house owners and transient au ROLL CALL �L NOV —$ i 13 S
VOTING AYE NAY Salt Lake City,Utah, 193
Goggin - - - - - V7 I move that the ordiarance be passed.
Keyser V
;fF
Matheson - - - - _.. _..----------
Murdock - - - -
Mr.Chairman - - - `- AN ORDINANCE
Result
AN ORDINANCE AMENDING SECTIONS 37 and 38 of the devised
Ordinances of Salt Lake City, Utah, 1934, relating to auctioneers,
license fee and permit to sell.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Sections 37 and 38 of the Revised Ordinances
of Salt Lake City, Utah, 1934, relating to auctioneers, license fee
and permit to sell, be and the same is hereby amended to read as fol-
lows:
SEC. 37. LICENSE FEE. The license fee for engaging in busi-
ness as a transient auction-house owner shall be the sum of
$25.00 per day, payable in advance, for each day such business
shall continue; and said applicant shall execute a corporate
surety bond in the sum of $1,000.00 in favor of Salt Lake City,
Utah, and of any person injured or damaged by false br fraudu-
lent representations in dealing with said transient auction-
house owner conditioned for the faithful observance of all
laws and ordinances of Salt Lake City, Utah; the honest conduct
of all business engaged in, and for the payment of damages to
all persons injured or damaged by false or fraudulent represen-
tations in dealing with said transient auction-house owner;
said bond to be approved by the Board of Commissioners and
filed with the City hecorder.
SEC. 38. (a) PERMIT TO SELL. It shall be unlawful for any
auctioneer, or person, to sell or offer to sell at public
auction in Salt Lake City, any merchandise, or to keep, con-
duct or operate an auction-house or a transient auction-house
in Salt Lake City for the purpose of selling or offering for
51
I f
sale any stock of merchandise without first obtaining from the
license assessor and collector of Salt Lake City a permit in
writing from the Board of Commissioners of Salt Lake City so
to do. Application for such permit shall be by verified peti-
tion stating that neither fraud nor deception of any kind is
contemplated or will be practiced, and that neither the sale,
the reasons given therefor, nor the goods to be sold have been
or will thereafter be fraudulently or falsely advertised or inl
any way whatsoever misrepresented as far as said public auctio
is concerned; also stating the name of the applicant, his resi
dence, the street and number of the proposed place of sale, en
shall set forth in detail what statements or representations I 1
are to be made or advertised regatding the goods to be sold and
the length of time for which the permit is desired, and whether
or not said applicant has been previously engaged in a like or
similar business, designating the place where the same was con-
ducted; and shall set forth a true and correct detailed inven-1
tory, listing the articles proposed to be sold at sale by auc-1
tion, and giving any identifying numbers or marks which may be
upon the said articles to be sold and indicating opposite the
description of each article, whether the same is new or used,
and shall list each of the said articles described in said in-1
ventory with a number; provided, however, that no articles need
be listed in the said inventory which have a retail value of
less than $5.00.
(b) Before any sale is made at auction, tte licensee must
attach to each article to be sold, which has a retail value of
$5.00 or more, a card with the said number of the said article
endorsed thereon, so that the said number shall correspond to
the article, as it is described in the inventory on file with
the license assessor and collector, as hereinabove set forth.
I j
No article which has a retail value of $5.00 or more shall be
dold at said auction, other than the merchandise described and;
i I
set forth in the inventory on file with the license assessor
11
III
-3-
and collector, as hereinabove required. Where a sale is had at
public auction of the stock on hand of any merchant or auction
house, in accordance with the provisions of this ordinance,
such sale shall not be fed or replenished. All auction sales
shall be held on successive days, Sundays and legal holidays
excepted, and shall not continue for more than thirty days dur-
ing the period of one year, except by permission of the Poard
of Commissioners of Salt Lake City, Utah, nor between the hours
of 6:00 o'clock P. M. and 8:00 o'clock A. M.
(c) No person shall act at any sale by auction as a by-
bidder or "booster", to bid in behalf of the auctioneer or own-
er, or to run up the price of the article to be sold, or make
any false bid. The licensee or, if a corporation, one of the
officers of the licensee, shall remain in continuous attendance.
All sales and all persons participating in sales must truly ar d
correctly represent at all times to the public attending such
auction the facts in respect to quality. The licensee in each
and every case, where an article is sold for $?:5.00 or more,
shall keep a complete record of all such sales made at auction,
showing the name and address of each purchaser, a description
of each such article sold, including the number thereof, cor-
responding with the numbers shown upon the inventory on file
wit,71 the license assessor and collector, and the date of each
such sale, and the said record shall at all times be open to
Iinspection by the said license assessor and collector. It sh 11
be unlawful for anyone to sell or offer for sale at auction
any merchandise unless the said merchandise shall have been 1
within the State of Utah for at least sixty days, immediately
prior to the said sale or offer for sale.
SECTION 2. In the opinion of the Board of Commissioners,
it is necessary to the peace, health and safety of the inhabitants
of Salt Lake City that this ordinance shall take effect immediately.
SECTION 3. This ordinance shall take effect upon its
first publication. ] /-7
Ij l' �Z�--2'; eft.
14i.E
Passed by the hoard of Salt Lake City, Utah, thiP
NOVenaer
day of -, A.D. 1938.
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Mayor.
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AN ORDINANCE
AN ORDINANCE AMENDING SEC-
TIONS 37 and 38 of the Revised Or-
dinances.of Salt Lake City, Utah,
1934,relating to auotioueers,license
fee and permit to Bell.
3Ietfr i'tatHI Of Autertre Be 1t ordained by the Board of
Commissioners of Salt Lake City,
STATE OF UTAH
COUNTY OF SALT LAKE
H. P. T'?OITSON
being first duly sworn,depose and say that I am the Chief Clerk of
THE SALT LAKE TELEGRAM,a newspaper,published at Salt Lake
City,State of Utah.
That the Notice A ORD.rnitC.I£.
S.;1]2.l yl;dt__CIT.Y...aC1�L O TI-OYd.
of which a copy is hereto attached,was first published in said news-
paper in its issue dated the 9th
day of November , 193 8,
and was published in each daily issue of said newspaper, on
November 9th. for
thereafter,the full period of One insertion
the last publication thereof
being in the issue dated the 9th day of
November ,A.D.193 8
Suseribed and sworn to before me this 10th day of
November , A. D. 193 8
•
Notary Public.
My commission expires2_" ` • a. /9f
Advertising fee$
an,laws
p of the Revised Ordinances ..0,'
Malt belie City,Utah,1934,relating
to auctioneers,license fee and per-
mit to sell,be and the same is here-
by amended to read as follows:
SEC. 37, LICENSE FEE. The 11-
tense fee for engaging in business
as a transient auction-house owner
Shall be the suns of$25.00 per day,
payable
such blbusines in s shall continue for ; nd
said applicant shall execute,a cor-
porate surety bond in the of
$1,000.00 1n favor of Salt Lake City,
Utah,end of any person Injured ord le) Before any sale is riie•e
rsmeged by false or deafraling
with
a id auction, the licensee must attach
transient ens i dealing With old to each article to be sold, which
diti0000 nation-house owner con-j has retail value et$5.00 or more.
opined for the faithful observance a and with the said number of the
of all laws and ore honest
conduct Salt Bald article endorsed thereon, so
Lake Cbu nUess;tga ed in,andfo that the said number shall corer-
of all went of
engaged in,and for
the payment of damages to all per- apond to the inventory
, as It Is with
de-
sons rau injured or damaged by false or Abed in the se sorory do file c t r,
tag With representations 1n deal- the license as r and collector,
f g with said bondt auction- hereinabove set forth.No article
house owner; said to be p- which has a retail value of$5.00 Or
proved by the Board of Commis- more shall be sold at said Buctlon,
stoners and filed with the City Re- other than the merchandise de-
oorder, scribed and set forth In the inven-
SEC.38. (a) PERMIT TO BELL. tory.on file with the license asses-
. It shall be unlawful for any auc- sor and collector,as herelnabove re-
tloneer, or person, to sell or offer qulred.Where a sale is had at pub-
to sell at public auction in Salt tic auction of the stock on hand of
n merchant auction house,1n
Lake City, and me operate an auction-to accordance with the provisions of
hour or duct h transienttate can house
In Cityf auction-house a of - this ord or rep such sale shell not
1n Salt rLakef City for salel purpose be fed- r rbelaheld All auction
selling merchandise s Yoh tfirs stock ays hell ys hand en a ooli dayofe
to ingromthwithout firstseoo days, Sundays and lt got hocontinue
for
tatting fromthe Lake
tese assessor a pr and More th,and shall not entinge for
Incol writing fror of m the Board of permito period of one thirtyan year,cementriminy per-
missloners of Salt Lake City so to mission of the Board of Commis-
do. Application for mich permit - - :of Salt Lakhours
Ofty..Utah,nor
shall be by verified petition,stating between the hours of 8:00-o'clock
that neither fraud nor deception of P.M.and 8:00 o'clock A.M.
any kind is contemplated or will be (c) No person shalt act at any
traOticed,and that neither the sale, sale by suction as a by-bidder or
the reasons given therefor, nor the "booster,"to bid in behalf of the
goods to be sold have been,or will • auctioneer or owner, or to run uo
thereafter be fraudulently or falsely the price of the article to be sold,
advertised or 1n any way whatsoever 1 :mq$ l dal bid.The licensee
misrepresented as far as said publiche of-
t$C 11
auction is concerned; also stating 4t'(S f1taaaQqqq�tt���§ ties 11Aebeee one
hal to In
the name of the applicant,his rest- 1—,ys3l, pe eosif II
dense the street and number of Milo,�1 pereoa5g
the proposed place of sale, and aN btnat'i s an
shall set forth 1 detail what state-
ments or representations are to be .tending etch quality.
h '>In
made or advertised regarding the respect to quality.The In
• goods to be sold and the length of each and every CaSe.where an ht1-
time for which the permit is de- • ole is sold for$5.00 or'more, shall
• sired,and whether or not said Bppll- keeps complete record of all such
,cant has been previously engaged in sales made at auction,showing the
a like or similar business, t- name and address of each pur-
ing the place where the same ame was chaser, a descrinti n of each such
conducted; and shall set forth a article sold. Including the number
true and correct detailed inventory, thereof, corresponding with the
the the articles proposed to be numbers shown upon the inventory
sold at sale by auction,and giving on flle with the license assessor
cc
any identifying numbers or marks and collector,and the date of each
which may be upon the said art)- such sale,and the said record shall
oles to be sold and Indicating cops- at all times be open to inspection
site the description of each article, by the said license assessor and col-
whether the same 1s new or used, lector.It shall be unlawful for any-
nd shall list each of the said arti- one to sell or offer for sale at auc-
described in said inventory with Non any merchandise unless the
a
a number, provided,however, that said merchandise shall have been
no articles need be listed in the within the State of Utah for at
said Inventory'whlah have a retail least sixty days, immediately prior
ofless
value of less than$5.00. to the said sale or offer for sale.
Section 2.In the opinion of the
Hoard of Commissioners. It Is nec-
essary to the peace. health end
safety of,the inhabitants of Salt
Lake City that this ordinance shall
take effect immediately.
Section 3. Thishis ordinance shall
take effect upon Ire first Publica-
tion.
Passed by the Hoard of Salt Lake.
City,Utah,fh+a 9th day of Novem-i
bar, A. D. 1939.
JONN M. WALLACE. Mayor.
ETHEL MACDONALD. 1
(Seal) City Recorder,
Bill No. 51.
Published November 9,1938.
i
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PROOF OF PUBLICATION
FROM
aloe Ott1t "Cake arlegrttm
County
Entry No