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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 -2- 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 -3- (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. -4- (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 -5- 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: -6- .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 -7- 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 I Y RECORDER ��P!!�' ` • , dransmitted to Mayor on August 10, 1984 Mayor 's Action: August 14, 1984 t • ' TrT i`•i I till I�� i jsA� �I1111'i 11 g pa• . ;.- ! � r : TY RECORDER saE+a •��5ttst ���''' Bill 53 of 1984 Published: August 19, 1984 -8- I vcLk( I1, Affidavit of Publication ADM-35A STATE OF UTAH, SS. County of Salt Lake t4 eNE _ Che A .... CWIr►9R I OR t p IM R y �p �'S�Cr10 CQ HAW SE4T1- 1 1m(114 N by ..Tf(dtMM.. 't . e 3z = - "" .Beingfirst dulysworn deposes and says that he she is 16 '4>a.i.ue legal advertisingclerk of the DESERET NEWS a daily ra . Mrards sin t�we nk V Y . , r newspaper printed in the English language with general ZVI o circulation in Utah, and published in Salt Lake City, o(Vaar` Salt Lake County, in the State of Utah. mgtor vehkle�,.9r�rAl � " A '"°•° �" +% PY That the legal notice of which a co is attached hereto Ka► WhO�by g of ety ny t G ) i• ./� ,'.f�,f-. Salt Lake CityOrdinance - No. 53 of 1984 - , ••••••••••• ••••• •••• hair a► than ,' S.Qcondha?jd..� i .. u I ..1?�a�.e S.. txrrrertex .............................. ge ............................................................................................. �aMjV' r" ' , ............................................................................................. Ih TyIR11}fs. Mi a e��vho 's' ............................................................................................. «°fib. '-��,� chant no' e1 was published in said newspaper on. "i ash ................................. AM 1 t • t RVvuftt old ' ` ` .............AVSCMSI�.X2.1.J.H4 ......... xcl pree(o`�oe M contain prft I�AAV r q ` .............................................. .. ......... °1"'%NYMT$Fr#Mqi Legal dv ising erk Otlt' %Oddrr( �Ct¢t(On Y fmd V Whk(► tom memoraH ve CM ns Were aladd NY►Wm�. CxatahalleXWude SEC'F.~ION'4,TXat IM- b 9 dpflr" idthts ` ! '° ; )re me this .......................5th....................................... day of (()) ,.. x (2)' 4ndigir4^ f .F. ............................................• Notary Public ( � a 4. b ........ T. DAVIC i of s ,, son�e�nr sold sa = ,a ro A o)f . rk�� ton imer �p�ness IY � k4 I�shall'fle�in �•�* �ACItW r Y pprrikgrto aX d rirl�►Mafe�nil City iffee ness irdw and he cis e�vi'da " "+°r ((6)The, r 1b be" $hal(be m tried b .4F *am data 34CTION a.-That oftRi LWW�a 014" ¢nkIWM- Hp .dje�gky All Lb mad. he _ � d i . ` Ce"Ice � r a of satdPraS►n m and. bf iss2oa.6�SE IT"dfriea t SaNf L bNeC&11ta1i read as fol 9. ?4 ful for- or-any- Cn 0f1111=rkovSW L Op�ei�Tr4°d iibbs�( NI 11' I acedMaj*inf agency— of yak Lake L•'By�pn�fhe'eCKne��N read ca tW�Ws x...x., •, i Sew 20=1�7zNo bush 1 . "I receive ta1Y"am mark aitarMl, nWee M.fal •e as lows :-?.•. y`;'. Sew 20.".Proscribed any Person licensed purs(�a�t ? y.. of ansy oertoroman ��Mfib,�. �.10 eNhErinfoxox=0A : Y� " SECTION s ; rwnces of Salt L 4e;Cky, amended by odd(no how." Sec 20.16-IX Licensee lei holder of a license,an-cWhI fhis, and all Oafs of his own employees 4 any provisions of thi3ffillv=. /' �`• ` e f.�' ppp� kwfl6nany WOVQM� alp Mvalid hald .Mte,reUwinderbtih��� 4. ON 9,This grdina�ioe8 lhpN4 £I wLz Passeab1 the'CIiy.CoLncilwscdgt dTTESTi �, 'r •,cl�Volt " /s/Kagirya CITY RE to NK�vai Mtn 14.7 sA �V" ATTEST• a• :�, ;*;c g;>. _ �� 4/,�. /s/K