5.30.030: APPLICABILITY; EXEMPTIONS:

The provisions of this chapter 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 purposes or for any church, fair, festival or bazaar, nor to an auction wherein the general public is not invited nor permitted to participate as bidders, and where the bidding is restricted to wholesalers or retailers purchasing for resale. (1999 Code)

5.30.040: AUCTIONEER'S LICENSE REQUIRED:

It is unlawful to sell or cause to permit to be sold at auction any personal property (goods, wares or merchandise) in the city unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the city. (1999 Code)

5.30.050: APPLICATION FOR AUCTIONEER'S LICENSE:

The form on which application shall be made for an auctioneer's license shall require the following information:

   A.   Name of the applicant;

   B.   Residence and business address of the applicant;

   C.   The length of time for which an auctioneer's license is desired;

   D.   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 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 statement as to the reasons for any such revocation;

   E.   A statement as to whether or not the applicant has ever been convicted of any crime involving moral turpitude and the nature of the offense, and the punishment or penalty assessed therefor;

   F.   A photograph of the applicant taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches (2" x 2"), showing the head and shoulders of the applicant in a clear and distinguishing manner; and

   G.   The fingerprints of the applicant and the names of at least two (2) reliable property owners of the city, 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 his moral character and business responsibility. The license official may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this section who has in a previous application under this chapter complied with this requirement. (1999 Code)

5.30.060: INVENTORY OF SALE ARTICLES:

   A.   Filing Of Inventory Required: At least fifteen (15) days prior to every auction, a true and correct inventory of items to be sold shall be filed with the city license official. Such inventory shall:

      1.   List the articles proposed to be sold at sale by auction;

      2.   Give any identifying numbers or marks which may be upon the articles to be sold;

      3.   Indicate opposite the description of each article whether the same is new or used; and

      4.   List each of the articles described in the inventory with a number; provided, however, that no article need be listed in the inventory that has a retail value of less than five dollars ($5.00).

   B.   Investigation By Sheriff: Upon the license official's receipt of the inventory, he shall immediately forward it to the sheriff for investigation and/or inspection of inventory to establish, insofar as possible, that the property thereon listed is not contraband or otherwise illegally for sale. After the investigation, the sheriff shall issue a written report to the license official within ten (10) days after receipt of the inventory, and no auction may be held until the report is received by the official, the auction is approved by the mayor, and the appropriate license issued by the city.

   C.   Sales Prohibited Without Inventory: It is unlawful to sell at auction any item not listed on the inventory as set forth above. (1999 Code)

5.30.070: ISSUANCE CONDITIONS FOR AUCTIONEER'S LICENSE:

Before issuing an auctioneer's license, the license official shall refer the application to the sheriff, who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the license official 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 chapter if an investigation of such applicant's moral character and business responsibility has been made under this section in connection with a prior application for an auctioneer's license under this chapter. The sheriff shall cause the investigation herein provided for to be made within a reasonable time, and shall certify to the license official whether or not the moral character and business responsibility of the applicant are satisfactory. (1999 Code)

5.30.080: FEE FOR AUCTIONEER'S LICENSE:

The fee for an auctioneer's license shall be as specified on the fee schedule adopted pursuant to section 5.06.050 of this title. (1999 Code)

5.30.090: AUCTIONEER'S LICENSE BOND:

   A.   Required; Amount: Every applicant for an auctioneer's license shall file with the city a cash bond or letter of credit as specified in title 3, chapter 3.35 of this code in a form acceptable to the city attorney, conditioned that the applicant, if issued a license hereunder, will comply fully with all city ordinances and other applicable laws, rules and regulations, 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, and will pay all damages that may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee, his agents or employees in the conduct of any auction or in the exercise of the calling of auctioneer. (1999 Code; amd. Ord. 2010-27, 12-9-2010)

   B.   Liability Insurance Policy In Lieu Of Bond: A liability insurance policy that conforms to the above requirements and is issued by an insurance company authorized to do business in Utah may be permitted by the city attorney, in his discretion, in lieu of a bond.

   C.   Auctioneer Employed By Auction House: An auctioneer employed by one holding an auction house license or a transient auction house license, in lieu of filing a bond as set forth in subsection A of this section, or certificate of insurance, may file a notarized affidavit from the license holder that affirms that the applicant is an employee, that the license holder is responsible for all actions of his employee, and that the employee is covered by a valid bond as above required.

   D.   Direct Supervision Required If Under Employment: It is unlawful for any auctioneer who files a certificate of employment with an auction house licensee or transient auction house licensee to conduct an auction except under the direct supervision of such licensee. (1999 Code)