053 of 1984 - Secondhand and Junk Dealers 0 84 0 84-24
SALT LAKE CITY ORDINANCE
No. 53 of 1984
(Secondhand and Junk Dealers )
AN ORDINANCE AMENDING CHAPTER 16 OF TITLE 20 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO SECONDHAND
AND JUNK DEALERS, BY AMENDING SECTIONS 1 , 3 , 4 , 5, 6, 7 AND 9 AND
ADDING NEW SECTIONS 13 and 14 THERETO.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Section 20-16-1 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
read as follows:
Sec. 20-16-1 . Definitions. For the purpose of this chapter
the following words shall have the meaning as herein defined.
( 1 ) General secondhand dealer. "General secondhand dealer"
shall mean any person engaging in the business of purchasing,
bartering, exchanging or selling of any secondhand merchandise of
value. For the purpose of this chapter, a "general secondhand
dealer" shall not include any person who: ( a) Deals solely in
the purchasing, bartering, exchanging or selling of used motor
vehicles or trailers; (b) A scrap metal processor licensed under
Section 20-16A-4 of these revised ordinances; (c) A store,
office or place of business operated by a charitable organization
which acquires secondhand goods or merchandise exclusively by
donation; (d) Engages in a business which requires a license
pursuant to subsections (2) , (3 ) , (4 ) , ( 5) and (6 ) of this
section; and (e) Person who deals solely in the consignment sale
of used clothing provided such clothing does not include jewelry
or furs.
( 2) Secondhand precious metal and/or precious gem dealer.
"Secondhand precious metal and/or precious gem dealer" shall mean
any person engaging in the business of purchasing , bartering ,
exchanging or selling, in any form: (a) secondhand gold, silver,
platinum or other precious metals or secondhand articles
containing any of such metals; or (b) secondhand precious gems or
any secondhand articles containing any precious gems.
(3 ) Secondhand junk dealer. "Junk dealer" shall mean any
person engaging in the business of purchasing, bartering ,
exchanging or selling: (a ) secondhand metals other than precious
metals; or (b) glass, rags, rubber, paper or other articles
commonly known as junk from a fixed place of business. For the
purposes of this chapter, a "junk dealer" shall not include a
scrap metal processor licensed under these revised ordinances.
( 4 ) Secondhand junk collector. "Junk collector" shall mean
any person not having a fixed place of business within the
corporate limits of Salt Lake City who goes from house to house
or place to place gathering , collecting , purchasing, bartering,
exchanging, selling or otherwise dealing solely in secondhand
rags, papers, metals or other articles commonly known as junk.
(5 ) Antique dealer. "Anticrue dealer" shall mean any person
engaging in the business of purchasing , bartering, exchanging or
selling old or archaic items which are indicative of an older
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culture, excluding numismatic item(s) and precious metals and/or
precious gems. Any dealer who receives antique items that con-
tain precious metals and/or precious gems must also obtain a
secondhand precious metal and/or precious gem dealer's license.
Any dealer who receives numismatic items must also obtain a
numismatic dealer 's license.
( 6 ) Numismatic dealer. "Numismatic dealer" shall mean any
person engaging in the business of purchasing, bartering,
exchanging or selling for a value, other than its face value, any
coins or any currency of the world which, in its original form,
was minted or manufactured for the purpose or use as legal tender
in the nation or country of origin, including those coins and
currency which are or were minted or manufactured for
commemorative purposes, providing the commemorative coins were
made for use as legal tender in the nation or country of origin,
but shall exclude gold or silver marketed as commodity items.
SECTION 2. That Section 20-16-3 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
read as follows:
Sec. 20-16-3 . License fee. The license fee for each of the
businesses defined in this chapter shall be as follows:
( 1 ) General secondhand dealer $ 50. 00
(2 ) Secondhand precious metal and/or
precious gem dealer 100. 00
(3 ) Antique dealer 50 .00
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(4 ) Secondhand junk dealer 200. 00
(5 ) Secondhand junk collector 50 .00
( 6 ) Numismatic dealer 50.00
SECTION 3. That Section 20-16-4 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
read as follows:
Sec. 20-16-4 . Records to be maintained . ( 1 ) It shall be
unlawful for any person licensed by this chapter to fail to keep
upon the licensed premises a substantial and well-bound book, in
which he shall enter in the English language at the time of
receiving any goods, including those on consignment, and includ-
ing coins and currency, which coins and currency are obtained at
a price other than face value:
(a) An accurate account and description of each item
received.
(b) The amount of money paid or value of property
traded.
( c) The date, both day and hour of receiving said
items.
(d ) The name, address and description of the person
making the transaction. The description shall include such
items as may be required by the Salt Lake City Police
Department in bulletins given to licensees from time to
time.
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(e) A numerical identifier obtained from identifica-
tion containing a photograph of the person making the
transaction. The person presenting the identification must
be the same person whose photograph appears upon the
identification.
( f) The date of sale, disposal or scrapping of the
item shall be added when the item is sold, scrapped or
otherwise disposed of.
( 2) Each licensee shall also keep a separate record which
shall be sent to the police department and which shall be cross-
referenced to the book referred to in paragraph 1 and which shall
contain, in addition to the requirements of subparagraph 1 .
(a) A certificate, accompanied by the signature of the
person delivering said item( s) that he/she has the legal
right to sell said item( s) .
(b) A legible fingerprint of the person making the
transaction--preferrably the right thumb print.
(c) A legible signature of the person receiving the
item at time of transaction of each item.
(3) No entries on any record shall be erased, obliterated,
defaced, and the receiving licensee shall keep the record avail-
able during business hours for inspection by any Salt Lake City
police officer.
( 4 ) It shall be unlawful for any person to dispose of or
alter any items received for a period of thirty (30 ) days from
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r„
date of receiving said items, unless expressly permitted to do so
by the Salt Lake City police department's designated repre-
sentative, prior to the expiration of said thirty-day period.
Said items shall be available for inspection by any Salt Lake
City police officer during reasonable business hours while in
licensee 's possession or control.
( 5 ) If requested to do so by a peace officer of the Salt
Lake City Police Department, any item delivered to the licensed
business must be retained and held, until released by the police
department or placed in the custody of a police agency to be held
as evidence.
( 6 ) The records required to be maintained by this chapter
shall be maintained by the business for a period of two years
from date of transaction.
SECTION 4. That Section 20-16-5 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
read as follows :
Sec. 20-16-5. Legibility of records--Inspection of
premises. All entries shall be made with non-erasable ink in a
legible manner. The Salt Lake City Police Department shall also
be permitted to have access, during business hours, to all
premises licensed under this chapter for the purpose of the
inspection of said premises and records.
SECTION 5. That Section 20-16-6 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
r e ad as follows:
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.1
Sec. 20-16-6. Copies to police department. It shall be
unlawful for any person licensed by this chapter to fail to
submit a copy of all entries required to be maintained by this
chapter to the Salt Lake City Police Department upon request by
said agency.
SECTION 6. That Section 20-16-7 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
read as follows :
Sec. 20-16-7. No business licensed pursuant to this chapter
shall receive any item which has obviously had the manufacturer' s
serial number or an owner's personal identification mark altered,
defaced or obviously mutilated or removed.
SECTION 7. That Section 20-16-9 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is amended to
read as follows :
Sec. 20-16-9. Proscribed persons. It shall be unlawful for
any person licensed pursuant to this chapter or any employee of
any person licensed pursuant to this chapter to receive any items
from a person who is under 18 years of age or who is either
intoxicated or obviously mentally deficient.
SECTION 8. That Title 20 of Chapter 16 of the Revised
Ordinances of Salt Lake City, Utah, be, and the same hereby is
amended by adding new sections 13 and 14 to read as follows:
Sec. 20-16-13. Licensee is liable for acts of employees.
The holder of a license, under this chapter, is strictly liable
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for any and all acts of his own employees for any violation by
them of any provisions of this chapter.
Sec. 20-16-14. If any of the provisions of this chapter or
the application of any provisions to any person or circumstances
is held invalid, the remainder of this chapter shall not be
affected thereby.
SECTION 9. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 7th day of August , 1984 .
CHA . AN
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Y RECORDER
��P!!�' ` • , dransmitted to Mayor on August 10, 1984
Mayor 's Action: August 14, 1984 t
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Bill 53 of 1984
Published: August 19, 1984
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