HomeMy WebLinkAbout60 of 1959 - Amending Title 3, Chapter 1 of R.O. 1955, as amended, relating to Auctioneers & Auctions; License r Rec 108 200 3-59 Q P
ROLL CALLV Salt Lake City,Utah, , 195
VOTING Aye I Nay
I move that the Ordinance be passed.
Burbidge . . .
Christensen .
<_
Romney . .
Mr.Chairman . AN ORDINANCE
Result L
AN ORDINANCE AMENDING TITLE 3, Chapter 1 of the Revised Ordinances
of Salt Lake City, Utah, 1955, as amended, relating to AUCTIONEERS AND
AUCTIONS.
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SECTION 1. That Title 3, Chapter 1 of the Revised Ordinances of
Salt Lake City, Utah, 1955, as amended, relating to Auctioneers and
Actions in its entirety be, and the same hereby is, amended in its entirety
to read as follows:
"Section 3-1-1. License Required. No personal property (goods,
wares or merchandise) shall be sold at auction in the City of Salt Lake
City, Utah, except in compliance with the provisions of this ordinance. It
shall be unlawful to sell or cause or permit to be sold at auction, any
personal property (goods, wares or merchandise) in the City of Salt Lake
City, Utah, unless such sale is conducted by an individual who has applied
for and obtained an Auctioneer's License from the license assessor and
collector of Salt Lake City, Utah. Nothing herein contained shall be
deemed to exempt any auction house or auctioneer, or the seller of any goods
sold at auction from any license, tax or other ordinance of Salt Lake City,
nor from any of the laws of the State of Utah to which either of them may
be subject.
1 ' "Section 3-1-2. Issuance and Revocation of License.
(a) The City License Assessor and Collector of Salt Lake City, Utah,
is hereby authorized to grant or renew an auctioneer's license for any
period of time not exceeding one year, to an individual applying therefor
on a form to be provided by the City License Collector upon payment by the
applicant of the fees provided for in Section 3-1-3 of this ordinance, and
the filing of the applicant of the bond as required in Section 3-1-4 of
this ordinance.
611)
Rcr.108 200 3-59 Q.F,
- 2 -
(b) The form on which application shall be made for an auctioneer's
license shall require the following information:
(1) Name of the applicant.
•
(2) Residence and business address of the applicant.
(3) The length of time for which an auctioneer's license is desired.
(4) A statement as to whether or not the applicant holds, or has
held, an auctioneer's license from any state, municipality, governing
body or licensing authority; a list of such licenses and a statement
of the time, place and by whom issued; a statement as to whether any
State, municipality, governing body or licensing authority has ever
refused to issue or to renew an auctioneer's license to the applicant
together with a full and accurate statement as to the reasons for any
such refusal; and a statement as to whether any State, municipality,
governing body or licensing authority has ever revoked an auctioneer's
license held by the applicant together with a full and accurate state-
ment as to the reasons for any such revocation.
(5) A statement as to whether or not the applicant has ever been con-
victed of any crime, misdemeanor, or violation of any municipal
ordinance, and if so, the nature of the offense and the punishment
or penalty assessed therefor.
(6) A photograph of the applicant, taken within 60 days immediately
prior to the date of the filing of the application, which picture shall
be 2 inches by 2 inches showing the head and shoulders of the applicant
in a clear and distinguishing manner, except that the City License
Collector may waive this requirement with respect to an application
for renewal of an auctioneer's license by an individual holding an unex-
pired auctioneeis license issued under this ordinance who has in a
previous application under this ordinance complied with this
requirement.
(7) The fingerprints of the applicant and the names of at least two
reliable property owners of the County of Salt Lake, State of Utah,
who will certify as to the applicant's good moral character and
business responsibility, or in lieu of the names of references,
any other available evidence as to the good moral character and
business responsibility of the applicant as will enable an investigator
to properly evaluate such moral character and business responsibility,
except that the City License Collector may waive this requirement
with respect to an application for renewal of an auctioneer's license
by any individual holding an unexpired auctioneer's license issued
under this ordinance who has in a previous application under this
ordinance complied with this requirement.
(8) Said application shall also contain a true and correct detailed
inventory, listing the articles proposed to be sold at sale by auction,
and giving any identifying numbers or marks Waich 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 inventory w h a number, provided,
however, that no articles need be listed in the said inventory which
have a retail value of less than $5.00.
(9) Before any sale is made at auction, the 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,
1
1
R .108 200 3 59 Q.P.
- 3 -
as it is described in the inventory on file with the License Assessor
and Collector, as hereinabove set forth. No article which has a
retail value of $5.00 or more shall be sold at said auction, other
than the merchandise described and set forth in the inventory on
file with the License Assessor 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.
(c) Before issuing an auctioneer's license to any individual apply-
ing therefor, the City License Collector shall refer the application to the
Chief of Police who shall cause to be made such investigation of the
applicant's moral character and business responsibility as he deems neces-
sary for the protection of the public good, except that the City License
Collector may waive this requirement with respect to an application for
renewal of an auctioneer's license by any individual holding an unexpired
auctioneer's license issued under this ordinance if an investigation of Bach
applicant's moral character and business responsibility has previously
been made under this section in connection with a prior application for an
auctioneer's license under this ordinance. The Chief of Police shall cause
the investigation hereinprovided for to be made within a reasonable time and
shall certify to the City License Collector whether or not the moral
character and business responsibility of the applicant is satisfactory.
(d) An auctioneer's license may be revoked by the City License
Collector or an application for issuance or renewal of such license may be
refused by the City License Collector, if he determines, after notice and
hearing:
(1) That the applicant or license holder is not an individual of
good moral character and business responsibility; or
(2) That the application of the applicant or license-holder
contains any false, fraudulent, or misleading material state-
ments; or
(3) That the applicant or license-holder has made any false,
fraudulent, or misleading material statement in the course of
conducting an auction sale of, or in offering for sale at auc-
tion, any real or personal property (goods, wares, or merchandise)
in the City of Salt Lake City, Utah; or
(4) That the applicant or license-holder has perpetrated a
fraud upon any person whether or not such fraud was perpetrated in
the conduct of an auction in the City of Salt Lake City, Utah; or
(5) That the applicant or license holder has violated any of the
Rec.108 200 3-59 Q.P.
- 4 -
statutes of the State of Utah relating to auctions or auctioneers; or
(6) That the applicant has been convicted of any crime or misdemean-
or involving moral turpitude; or
(7) That the applicant or license-holder has conducted an auction
sale of, or offered for sale at auction, any real or personal
property (goods, wares, or merchandise) in the City of Salt Lake City,
Utah, in an unlawful manner or in such a manner as to constitute
a breach of the peace or a menace to the health, safety, or general
welfare of the public.
(e) Notice of the hearing provided for in sub-paragraph (d) above shall
be given in writing to the applicant or license-holder as the case may be.
Such notice shall be mailed, postage prepaid, to the applicant or license-
holder as the case may be, at his last known address at least five days
prior to the date set for hearing. The applicant or license holder as
the case may be, shall have the right to be represented at such hearing by
counsel.
(f) Any individual aggrieved by the action of the City License Collector in
refusing to issue any license or in revoking any license or special permit
already issued shall have the right to appeal to the Commission
of the City of Salt Lake City, Utah. Such appeal shall be taken by filing
with,the said commission, or person designated by it, wLthin fourteen days
after notice of the action complained of has been mailed, postage prepaid, to
such individual's last knan address, a written statement setting forth
fully the grounds of appeal. The Board of Commissioners of Salt Lake City,
Utah, shall set a time and place for a hearing on such appeal and notice of
such hearing shall be given to the appellant in the same manner as provided
in sub-paragraph (e) above. The appellants shall have the right to be
represented at such hearing by counsel. The decision and order of the
Board of Commissioners of Salt Lake City, Utah, shall be final and conclu-
sive.
"Section 3-1-3. License Fees. The fees for an auctioneer's
license shall be as follows:
$100.00 for an annual license, and said sum shall not be pro-
rated if any said license is taken out for any part of a
license year for less than the full term.
"Section 3-1-4. Bond. Every applicant for an auctioneer's license
Rec.108 200 5->9 Q
- 5 -
shall file with the City Recorder of Salt Lake City, Utah, a surety bond
running to the City of Salt Lake City, Utah, in the amount of Five Thousand
Dollars ($5,000.00) 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 provisions of the ordinances of the
City of Salt Lake and the statutes of the State of Utah regulating and con-
cerning 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 purchasers of property
from him at any auction sale or suffer 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 licensee, his agent 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.
"Section 3-1-5. License Non-Transferrable. Neither the license nor
the permit granted under the provisions of this ordinance and this chapter
shall be transferrable, nor shall the same be loaned or used by any other
person.
"Section 3-1-6, Auctioneers. An auctioneer, as contemplated in this
chapter, is a person who conducts a public competitive sale of property by
outcry to the highest bidder.
"Section 3-1-7. Ordinance Not Applicable to Judicial Sales. The
provisions of this ordinance shall not be applicable to auction sales
conducted by trustees or referees in bankruptcy, executors, administrators,
receivers, or other public officers acting under judicial process, nor to
the sale of real property at auction, nor shall it apply to any auction
held for charitable or benevolent process, or for any church fair, festival or
bazaar. 3-1-8.
"Section False Representations. It shall be unlawful for
60
Rcr.10B 200 -59 Q I'
- 6 -
any auctioneer, when selling or offering for sale at public auction any
goods, wares or merchandise, under the provisions of this chapter, while
describing said goods, wares or merchandise with respect to character,
quality, kind or value or otherwise, to make any fraudulent, misleading,
untruthful or unwarranted statements tending in any way to mislead bidders,
or to substitute an article sold for another.
"Section 3-1-9. Auction Houses. An auction house, as contemplated
in this ordinance, is a place where personal property is sold at auction
by an auctioneer.
It shall be unlawful for any person to engage in the business of,
or to keep, conduct or operate an auction house within Salt Lake City, Utah,
without first obtaining a license so to do.
"Section 3-1-10. Transient Auction-House Owner. Any person, or any
agent, servant or employee of any person 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 Salt Lake City, and to shall occupy said place for the
purpose of conducting a temporary business therein, shall be deemed a
transient auction-house owner for the purposes of this chapter; and the
person, or any agent, servant or employee thereof so engaged, shall not be
relieved from the provisions of this chapter by reason of association
temporarily with any licensed dealer, trader, merchant or auctioneer, or
by conducting such temporary, or transient business in connection with or
as a part of or in the name of any other licensed dealer, trader, merchant
or auctioneer.
"Section 3-1-11. License Fee. The license fee for engaging in
business as a transient auction-house owner shall be the sum of $50.00 per
day, payable in advance for each day such business shall continue; and said
applicant shall execute a corporate surety bond of $5,000.00 in favor of
Salt Lake City, Utah, and of any person injured or damaged by false or
fraudulent representations in dealing with said transient auction-house
owner, conditioned for the faithful observance of all laws and ordinances of
1 c.108 200 3-59 Q.P. `-
- f -
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 representations in dealing with said transient auction-house
owner; said bond to be approved by the Board of Commissioners of Salt Lake
City, Utah, and filed with the City Recorder of Salt Lake City, Utah
"Section 3-1-12. Right of Owner to Bid. (a) The right to bid may
be reserved expressly by, or on behalf of, the seller; provided, however,
that notice of such reservation shall be posted, and shall remain posted
throughout the auction sale, in a prominent and conspicuous place where
the sale is being conducted, in letters large enough to be reasonably
visible to any person with normal vision who may attend said sale, reading
substantially as follows:
'SELLER RESERVES THE RIGHT TO BID
ON ANY ARTICLE AT ANY TIME'
(b) Where notice has not been given that a sale by auction is subject t4a
a right to bid on behalf of the seller, it shall not be lawful for the
seller to bid himself or to employ or induce any person to bid at such sale
on his behalf or for the auctioneer to employ or induce any person to bid
at such sale on behalf of the seller or knowingly to take any bid from the
seller or any person employed by him. Any sale contravening this rule may
be treated as fraudulent by the buyer. (c) No person shall act at any sale
by auction as a bybidder or 'booster,' to bid in behalf of the auctioneer
or owner, or to run up the price of the article to be sold, or make any
false bid, (d) 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 and 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,corresponding with the numbers
shown upon the inventory on file with the License Assessor and Collector,
and the date of each such sale, and the said record shall at all times be
R .108 200 1-58 Q.P.
- 8 -
open to inspection by the said License Assessor and Collector. 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 ninety days, immediately prior to the said sale or offer for sale.
"Section 3-1-13. Period Auction may Continue. All auction sales
shall be held on successive days, Sundays and legal holidays excepted.
"Section 3-1-14. Sale of Jewelry. It shall be unlawful to offer
for sale at auction or sell at auction any gold, silver, plated ware,
clocks, watches, diamonds or other precious or semi-precious stones or any
imitation thereof; glassware; china; linens; or jewelry or any article
purporting to be represented as any of the above articles between the hours
of six o'clock P. M, and 8 o'clock A. M., and at any time after sunset or
before sunrise.
"Section 3-1-15. Receipts for Goods. Commission. It shall be the
duty of all licensed auctioneers to receive all articles which may be
offered them for sale at auction, and give receipts therefor; and at the
close of any sale, which must be made as the owner directs, the auctioneer
shall deliver a fair account of such sale, and pay the amount received
for such articles to the person entitled thereto, deducting therefrom a
commission not to exceed ten per cent on the amount of such sale.
"Section 3-1-16. 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; olmake or cause to be made noisy
acclamations such as ringing of bells, 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 means of attracting the attention of passersby, 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 3-1-17. Penalties. Any person violating any provision of
this ordinance shall be deemed guilty of a misdemeanor and upon conviction
Ra.108 200 1-58 QP.
- 9 —
thereof, shall be fined not exceeding $300.00 or by imprisonment in the
Salt Lake City, Utah jail not exceeding 90 days, or by both such fine and
imprisonment. Each such violation shall constitute a separate offense and
shall be punishable as such hereunder.
"Section 3-1-18. Separability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of this
ordinance.
"Section 3-1-19. Ordinances Repealed. Ordinances numbered 3-1-1
through 3-1-14 of the Revised Ordinances of Salt Lake City, Utah, 1955,
or parts of ordinances in conflict herewith are hereby repealed."
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, Utah, that this ordinance become effective immediately.
SECTIQN 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 4" day of August , 1959.
( SEAL\?t411"401#1\11481\d
BILL NO. 60 of 1959
Published August 12, 1959
a._ 60 ,
ADM•3eA
Legal--'Nojtces`9„
• .....-pN-ORDINANCE
AN OBDINANCE AMENDING.
T2T�LE G e tee 1 a[ H ggevi-d
f s k& rty,
Tl��3 ordained °c-Affidavit of Publication
nat ordainnd hw,tne�a d pf
dtTninstpReo of San r;a e ettr.
Utah'
SECTION'-1.That
of Trir ra Chuv-
:
te1d te eRc.eUtod
amendrelating to Auctioneers
and Auctions toentirety
nd d
and theentirety i or h a as follows:
()1
"Section
t It.11 t Nhl'llo he ` SS*
old t C tI C't -Sit
Lake me Cate, ex cot in e -
prlaner `.h the see o`this
dlnaoee It sh oil she nu Ito b e
to ell o on, pis to be f) !V ()a ear
e n permit n.lrYhan-
srtaal:
lsoothen a •uction, sofrsSalt Lake
also) h, nies
city. Utah. unless such s le s
as applied
by an doidttat who Beingfirst dulysworn, deposes and says that he is legal advertising Iris i lied for and broned t
Auctioneer's License from mn P Y 9 9
av�a„°"`vb4niR� clerk of the DESERET NEWS AND SALT LAKE TEL
any auctMalion be deemed GRAM, a dolly except Sunday) newspaper primed in the Eng-
>.auctioneer,
u mat t`ron house
phone cold
nr the ..Ile: :ry general I Utah, published in
lioens Bald at , roan from an. Iish language with opera circulation in Jta and u
Salt e,fe or auction
rdinance of i
Sala Lal<e cua, -*rgm r Salt Lake City, Salt Lake County, in the State of Utah.
which either oft them may Utah
sub-
ct.
'S etion J-1 2.issuance and Re-
vocation
of Licence. legal notice of which a copy is attached hereto
he That the�dy Lien>p
,ta conetor t salt Latie cayo
Utah, hereby authorized r
oneer•a i. tal_t L�1cc ty Bill 1<t 60 of ]959
grant
a of
cat n s ying therefor form
ion 'fried bytheCity1 s �ap Orlin .nce 7_Pld�:'t rip; TO �incG.l.nnl;ors
Collector' pen•las eat p he
appl scant of the feesnn ied for
rr Section 3-1-3 of this t ordinance,
` d the filing by the applicant.
pelican..of
the bond a reunited in Seetron And 1.t.1 0;1 0Iv;
3-ruta ofs elSaaor' mtiehn hall bemaoe for aoneeNn license shall rr
raentphlie-
following mnforL then to east.
(Ii Residncee nndabucinees ad-
dress of the apnlicant.
• or
whir The
auctioneer'sli license is
desired.an a
h.th r
' i held
at l eth license raup'ttgt 1.21 1 q9c
lsom env' tea twas published in said newspaper on
vnYa mwgh body.
or licllennesiianpiece
tt ond.s-
to w A]151 n such licenses oseaoeeddaitemenn in!9tc.nystate.minMi tiln tooi
rtotihv h 3nY
l ortt otl Cl P1- Lhi'
wit
merit
full a -L. state.
h forate any
a e statement
ether.anynt
rnalitY, r 6
irrs a th 'ity has evnr
n applicant
Rethe ei�by Legal Advertising Clerk(
the a nVlaccu accurate
with a
II and accuate ins, such
resvin
N.reasons:or v such r D-
ao.
cc ri A the applicant hus c r
or not
convicted of ,r crime. e
V
I r ml
d`kronor. . 'erode n of any
opal ofot itlee. n if
d
then.unishr e,I cr pinniiy aas
s a iherefnr n 1 �t;Yi
lifanA ho Wsraph pErthe an-
i;cd(atrlyken wuhih;o serf t fore me this day of
(ilia:: of thenr,nocaetron. nh
picture,showlinc tthcinches
ahead hand Fig
_-. shouldes of the applicant ,and
a A.D. 19
clear and liana Frnsma manner,
n.
apt that;he City License Col.
e with r ert to ais require-
ment appli-
cation
aon for • eewal of y an paniciiial
holding license
dauctioneer:,, �\
a a thisi.
Ranee who in nr v us ap /� < ,. C
nlica'ion der this ordinance
(7of led with this recline/rent. = Notary Public
1 The fingerprints of th an
Loans and the of at lease
two Yogic only
the County o[r Salt Lake as se
of V applicant's
who t' will certify z to
p nllcan s good responsibility.sp r d litr-
aoter lied bus theta s s -
�� or in
' other a�aailable`ee -
1 pence a Y Ln the good al
characterand business -
bilab of e applicant as wilt
---- enable art each investigator tO prnperiy
evaluate such moral character
and bbet tier it o ability.
C t that'waive
e Lv Lepaire Col-
with�r ect•tro anh�uplication tar
serf au auctioneer's license
hvn anw individual noising a
un-
expired p auctioneer's
li sc5e
ts-
hreender this. n,r,Aih
T;r7Ii=ec coinplied
with this reo,imme^
0ill)
Lai paid t 0olical100 shall also
contain
inventory.ue and listings the at'.
tideseti0Doseddto be.sold shells
tlrring numbers or+narksywhich
may he upon the said articles to
be sold pd indicating onnoslte ,
the descriotioo of each article
whether
• sh Ili list h fe same is vthe said or articlesd b a ,id Legal Notices ._
ory with a umber, Provided. _ _ - ,,,_•
however,that number,
articles need he
listed in the.said inventory whirl•, e 1 shall be taken by friths with
have a retail value of ices'than rttfipa.ld commission,or peisbn des.
S5.00. - ',�ryttenated by it,within fourteen days
'D1N d bf f the acne,/
(9)B C I at o .-
➢
t auction.eacI the
nticl b sold.icensee inust this d d>i
h retail 1' _ f $.500 Ofst DliAO41)r ldi 5 1pdf hilt',
best of at cardawith
-the said en/hosed
t9}ndelltjtettlifdi,imth2fully ttQhe
und9 t'appeal. The Board of
thereon.so that the s.iden bar $mmis5fonce's of Salt Lake City,
shalt correspond,lo the article Utah, hall sot a time and place
os it it descrrhed r the eetory Son a hearing such a Q al and
n file with the Lldenae Assesso` notice of such hearh+gp hall h
and Collector, herenahove se, givrn to the appellant in the lame
e
forth, No tole which has manner a= provided In .sub-nam
'clef]value of 35 00 or moreshall 'a + fe 1 ows.-The pellanis
be sold at'Bald auction. ther .shalt have Lhe fight to ti r
than the merchandise described led al such hearing by counsel.
• and et forth inthe inventory The decision and older of the
an fhc TI•the icense Assessor Board t Commissioners of final
nd Cnlle�or, he4,i'vto wt. Lalno Caflvsivenh, sl+all be final
'required. Whereas ale. is had a c
]t nhlic n of'te steel[an o Section 3-1-3.License Fees-The
rand of any cm r hanL o orlon fees for a auctioneer's license
we, tin shall be s I£olows' vat tic- p this ordinance,such 53dt d ton'e P
sale shall not be fed or hooted- rated.ifdan ttsaid license Is be pro.
vctlbro out for anyyburrt of a license year
Cot's Before ate an anndividual for less than the full Lea,
rmlyine therefor,the Cite License Section 3-1-4.Bond.Every an-
! Collector shell refer,.,he an➢lica- nlicant fora tioneec's liee[t
Slav Io the Chic o Police who .hall file ith ithe COO a surety
nhallgg cause to be nade s eh an- f Salt Lake City,Utah.a le
ell• aala character and budln of the actss n.s Lake CitlninU`ah,tiro tine amouan sp nsibillty as Ile deems nc e'• f Five Thousand Ua+i=rs 1q5,.
sue for the prole o ' the to O. danti eptCloy
Sicens 6noll cor•x that the City toand ad one..v'the-City
ec c onticetgil m oetvto this ttorney co+nI sued a that the said
ac nos Peens,
Issued In auctioneer's
with
sneer's licefornse
renewal of n ua license. 11 ns fly tulle ordinances
holding license by: ent-meual all the provisions ofSalt
Le a and
Ins-holding anunexpired r i t nance the Cr of of ealt Lake the
if
Issue under f sator apple statutes of the Slate of Utah
c vcstl character
han f such.Dull- y latMgtch and concerning render
auctions
cant 6 amoral chain c ter and buly anfda auctioneers, viol-al Hair es
responsibilitye. tiner has previously and staler accounts of all his n sales
MOO
connection withtinder
rnriois asanlication in a t person n persons nnWM
Conn t mm Ln make the_one It
ill
a sue[on s license n ter i'yi pa dde any fraud—or cecs it
this¢cause cc. investigation
Chw[o{Pollee, upon bidders or rely auc of
shall cause the n'a made itrc- sale r:y from him r any
provided for to be made within sale o niter of permit Lice Dotiort
r-
a sable time Cen shall C certify son in or
or ley ton practice n.
w the City License Collector a. h in
s dhicht.and will p s-
whether or not the moral characterftheallc Baby a a whichmay be sus-
.mntl east business its ac ability o£the amed by n ce on y reason or
annlicant ass auctioneer
a fraud,any
negthe a, o
(d)on auctioneer's license m other Clicensee,his gent or employe of
es
be keel by the City on for
Collector application license
toe in the exercise
f a auction o
O1 a+w i of such license in the ez It the callin
may be or renewal
by the erm es. auctioneer.ciss b liability insu insurance
aftee Collector,if he determines, poicy issued by an insurance cam.
r n tier a d hearing_ n• uthorized to do business sn
(se hom the annlicant ll-m the the f Utah winch its may
r e holder id not ar divtda d to the above requirements Cements may i
fssi nod moral character and be permitted by the City Attorney buI ln'ess r nnsibi ;-1't II in his discretion in lieu of a hand.p
(Zl That the nnnllcation o[the. ''Section 3-1-N he the Non-
Transferrable.con.
Nettie the license
tnsd any iatai, fraudulent, or no'the permit granted under the
nisleodfn'z material statements: provisions
l aancelhlchte1hal be tanrab,
'I3'+That the apnllcanl o' If. shall the same be loaned or
cutc-holder has•ma de any 'ales, w rson-
slulent,nr misleading material sod by an iher Auctioneers.
oa
i "Section Pa y0 contemplated
e in An
ductinenl.i the co of r apte.is as ndeon mated in this
ucting anauction sat ctim chanter,as iv who conducts
offering t sale t o r, public coop person sale f Drop-
scaler
it,i cal a-s,personalut0 in+ sty ar by outcry to the Inighesl bitl-
tda, re_ 'ake Cse) der.
the City of gait Lake Cily, 'Section 3.1.7. Ordinance Not
Utah: Applicable ha Judicial Sales.The
a4e old the annlican' e' Si. v sioa.s of this ordinance shall
ce use holder hue' perpetrated a not be applicable to auction sales
r whether o ducted by trustees O referees
n not such freed wassnernci:at- in bankruptcy,executors. m9nis-
tl the conduct f a '+n trators,receivers.or other public
iv the City of Salt Lakes City. officers acting e s,der col v
Utah; cess, o to
f 51 holldne thaw violated any
orr l0f property ra aoauction,f sale r shall it
theastatutes of the State of Utah apply to a uctnoccn°hero fors.
relating to auctions or auction- charitable asp chuoche ance.ant r
nrgtor church.. festival o'
Q°Itl That the applicant has been or
willed n[ "Section 3.1.0,False Representa-
demeanor involving moral.tutrni- tons, shall be unlawful a
t d i auctioneer, Iselling
7)Th t th p 1' nt d Ian f rg f t bt - t fur
demeanorauction h la 1 conducted for any twist thewilt oods,wares or merchandise,
1_ t C -p ai s Or h describing a act
[o.cha t quality,kind ise with
lue
Larcico l.'I, I i(lied-Lit aoa 'uIt or otherwise,to make a: fraud.
ke C{`y,o.i tahuehp a n wfua stool, misleading, untruthful or
anenitstltu lc a broach onnp rtas unwarranted statements ding
menace he of the
any to mislead bid els
safety,peace
or general welfare f the for or tanothbstitute an 'tide sold
p ile
(e',Notice of the hearing writing
- "Section house.
Auction Houses,
v'ded for l+ sugiVearacranh d) in auction house.as cp[ce where
o t e shall the in filing personal
this orpiopert is a old where.
above
the.pelican[ riicense-holder personal property is sold at au
as the c y be. Such notice two b cunlawf.
shall be mailed.postage holder It shall one unlawful ut for fie
to the case and or license is last engage
+ the business
as the c may De, at six last on,o n aokeep.conduct nown.the d to least.live days auction house within Sail Lake
prior s the date ict se-elde as a bid nse ut.s, tondut ila'at obtatNnS
The aaplimay license halden a Incense.n to do.
the c y be,shall have the
earl to boa I n 'cored at such
hearing by individual
Cel eactionof the dtr License
ollecor'; r revoking to fie
or spe Inn ir anal]issued
special permit t Coav esissued
or• have the right to anneal p
t tsfBof 9altflakst Cilvso Utah noon
60
"Seetlon 3-1-10. Transient'Auv-
or any use Owner. Any n
agent,s employee
of v person servant
shall sell. s
offerpoacher sale at auction any goose
rcfrons al-u of
values smerchandise
, o or
bo0
room-
ing se,store,
e,from
house.boarding
house,e tr store room,.stag,lane.
buddies,structure.al.antl, other
Place lnduors n oaldoonto lthh1
sob Lake lll,10 curl wen mall
Sala mane!m or pw'pn5e
of 0e0000a to,beorarw deemed conducting°CCt entrain. shall be deemetl a
tad s of this chapter;n r iw
the nevem. of nyaan and
one n f so en eat
shall heerelieved frometheapro-
of this chapter h.v r
of yoassociati association
temporarily reason
, ,er.mcr. _
• chant or s enesces. s r by o .
ducting such temporar, or eras. , •
stem business In connection with r
or art of orto then of
as
licensed dealer,trader,
ne'pant 0l auctioneer.1. Lie legal Notices -
'rchantn License Fell-.
The license a for a ....�.._`._,,. ...
business as al-transient asmoon '�`M •
house owner shall be the r of Lied o otherwise, thoughnot
$50.00 Per clay,payable in advance enumerated here. through e
Tor each day seen business shall streets f advertising their sales
continue;and said applicant halland no kelime sDor'crier.drum
e in soon s al band ie or ottr elecal taumc't
1 y,Utah,
00 1 t S I[L k v 1k Vineana of ttract-
L ly,U h d of ass v-
d damaged b. fat rnptL's1rhasP3tlit m r1 a clionear's
audu.ent rcaresentatimrs:n deal-
, flans, shaft be oas or d n suf
ing with .said transient auction- fared to,be Used t or n
house a conditioned for the place of'sale b
faithful owner,
of all laws atiction i' or nearauction
ordinances of Salt Lake Clty, whatsoever.m
lf'ah: the honest conduct of he "Section 3.1-17. Penalties- An,
business engaged hr,and for the Person violating .v provision f
t of damages to all persons this ordinau shall be ideenaed
injured r damaced by false r guilty of a misdemeanor anor'and upon
fraudulent representations in deal. conviction thereof,shall be hosed
Ing with said,transient auction, i no; eedinre$.3000 r b i 0-
enone o ne a d timid fn pp an- 'i, exceeding
rt i the Salt Or by
a roved by the Board of C6l elms. Utah jail of exceeding 90 ays,
andefL Salt Lake City, Utah, r be 1botha such beet and
iled with the City Recorder• nm
of Salt L"Section
City.2. Utah shall[be epunishablele offense such here-
d
to Hid. 3The Right of Owner a sac
be reserved The rightto hid
mow under.
f Section 3-1-18.Separability. 1f
be d expressly by, section, subsechoii,a sentence.
however,
of, the ice o provided, clause,phrase or portion of this
however,that epos P au h ordinance is for i reason held
remain
shell'to posted.and shall valid unconstitutional by a mom posted prominentthroughou ande arc- u t of com tent jurisdiction,
t oiensoanr,a a prominent el-tar sate
con- court
portion shall be�deemetl
in
acre the le i rat,distinct and independent
being conducted. letters large vision and such holding shalt
enough person
ars ate reasonably
al aivision affect the validity of the re.
whom ttend 'd sale,reading ing pardons of lhle ora,naece.
bstnn[ta11Y follows: pealed.
3-1-15. Ordinance;Re-
'SELLl•:R RESERVES THE RIGHT aled.Ordinances numbered -:.
TO BID ON ANY ARTICLE through 3.1-14 of the Revised Ordi-
A'P ANY TIME' 'lances of Salt Lake City Utah,
lb,ton Whole notice has not been 156 a arts f ordinances i
given that a 'ale by auction conflict herewith aa'e hereby a
subject to a right to bid n behalf Dealer" e.
of the seller,it shall not be lawful SECTION 2 In the opinion r of
r the seller to bid himself Or
the Hoard of Commissioners.i,
to employ or induce any person to necessary to the peace,health and
bid- such
sale on his rb1behalf n Lxkev C ty.Hook,abtlaantthif el.
f-d theauctioneer
ce y t _SOO t bid ploy h I a.c become effective mme. -
sale n behalf f thesellerdiately
nriV mall take 3.effect This
u on id foist
the seller'.can,1 erson employed Publication.
p
by him. Any le employed
nPassed by the Board f Cym-
ihss lc be treated1- •s s f Sail Lake Gtv,
lent bey the may
e)No h Utah mhos,Itil da- :August,FA9.
shall t le by auction, I ADIEL F.STEWART
tµ hybidder 'booster:to bid Mayor
behalf f the. auctioneer or HERMAN]'.HOGENSEN
to r'h u the make
City Recorder
of the rticle to be sold. - [SEAL]
any,false bid. (d)'the plicensee. HILL NO.65 of 1959
if a or tion. or f the Published August 12th.1959(C-881 •
officers of othe licensee shall re.
In continuous attendance,
All sales and all i araicl-
ing sales must truly and
pot public
at all lines to
correctly
iter ublic attending such auction
the facts-m respect to finality,The
licensee in each and 'yease.
where a article
ekee soldv for late
eoid or more,
all such sales made at
adde Lion, slmwiug the sans id •
ress of each purchaser'.ea and
each such article sold,
ncludlvs the nuer0er thereof,co
dY spondinp ith the i on-file
rown upon the inventory ro till-
]with the Licence Assessor and such
elms,and the date of each en
all saletimess be enrol
toelnspecord tionl at
by
rho said Licensee Assessor and Col-
lector. it shall be unlawful for
u'ction anvsmerchandisefunlessethe
said merchandise shall have been
within ethe State of Utah forat
least ninety dams,
prior to the sad saleimmediately m offer for
neetion 3-I-13. Period Auction
May Uonlinuc. All auction ales
Sundays aend legalrc holliidays
ex-
cepted. 1 Sole of Sen'nl n
q Hon n1t.l-_
It.hall be unlawful'. offer 1
sale sg auction o �e auction
ware,
gpO d, rover:moms
cricks,watches.diamonds or Dined
Precious or nitation 01heienf,Acne,g -
ychiina linens: o weary
or arch article any of
be
anted,as ai f the ahov0
articles betweend 8 holes of n
o'clock
at any time after sunsetor
before sunrise.
'Section .115. Receipts for
Gonda. onsmisaion. It shall be
:he duly of all hcttelno ahic0 seers
be offered then[800 ale t may
a ton. and give receipts therefor:
and tatbthe trade of age sable,which
rcets,then auctioneer shall deliver'
a fair account of such sale,and
pay th e t n received torted s
thereto, deducting a thernfromtlea
commission not to e ea ten per
cents on,
the 11.11�t Si dowsfort
C.,:o a, All a their are
Maness to coner duct to then' sales Die
such
thcrirn o ds cause
bn tgee earde-
51 0 s a-toio noruct the s mor
i, .shall they Immoral
100'. t la111.(P sin a ing th'op
made.not y akelamstlbnea to
6
ringing of bells,blowing Of whis-
,0