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Application for a swap meet license shall be made to the license official, and shall state thereon the name of the applicant, the place of business, and the number of employees intended to be engaged. The sheriff or any other officer of the city designated by the city shall investigate each applicant for such license, and shall report back to the mayor whether or not such applicant is a person who has been convicted of the offense of receiving stolen goods, burglary, larceny, or robbery. The license of any swap meet licensee who is presently in business and so convicted shall be revoked. (1999 Code)
The annual fee for a swap meet license shall be as specified in the fee schedule adopted pursuant to section 5.06.050 of this title, which shall be in addition to the general business license fee. (1999 Code)
A swap meet licensee shall have the right to issue daily business licenses to resident sellers upon receiving the required fees as allowed by title 3, chapter 3.35 of this code, and the signed, certified license applications listing the goods to be sold or exchanged. (1999 Code; amd. Ord. 2010-27, 12-9-2010)
It is unlawful for any person to conduct a swap meet unless he shall keep conspicuously posted in his place of business copies of this section and Utah Code Annotated section 76-6-407 (or any amendments thereto) dealing with lost property converted by a finder. (1999 Code)
All swap meet sales shall be in accordance with law. No sales of firearms, pyrotechnics, ammunition, explosives, alcoholic beverages or medicines shall be made by sellers on the swap meet licensee's premises. No seller under the age of eighteen (18) shall be entitled to sell or dispose of goods at the swap meet without the written, notarized permission of his parents or legal guardian. (1999 Code)
A. Certification: All sellers shall apply to the swap meet licensee for a license to sell on the premises of a swap meet licensee. Along with the fee allowed by title 3, chapter 3.35 of this code, each seller must furnish to the swap meet licensee a signed statement containing the required information outlined in section 5.48.140 of this chapter, along with the following certification: (Ord. 2010-27, 12-9-2010)
I certify that I am the lawful and legal owner of the listed property which is free and clear from all liens and encumbrances. I further certify that the property descriptions are true and correct and I am aware that the use of a fictitious name or furnishing false information on this form is punishable by law. I am also aware that a copy of this application shall be forwarded to the sheriff within twenty four (24) hours after it is submitted to the owner or manager of the premises where the sale is held.
B. Issuance; Revocation: Upon receiving the required fee and application form, the swap meet licensee shall furnish to the seller a daily business license permit which will allow the seller to sell on the day requested, subject to revocation by the sheriff for the violation of any provisions of this chapter. Any seller having his license revoked by the sheriff or license official may petition the mayor within ten (10) days after the revocation for review of such revocation. The mayor, upon reviewing the action of the sheriff or license official, may rescind the revocation or make the revocation permanent by prohibiting the seller from selling at a swap meet for a period of up to one year. (1999 Code)
A. Specified: Resident sellers must apply for a daily business license no less than seven (7) days in advance of the day they wish to utilize a swap meet licensee's premises. Nonresident sellers must apply to the detective division of the sheriff's office for the screening of all goods to be sold on a swap meet licensee's premises, and the issuance of a nonresident seller's license prior to the date of the sale. However, if the swap meet licensee employs, at its own expense, a sheriff's deputy to enforce and administer the licensing provision of this chapter, then resident sellers may utilize the swap meet licensee's premises on the same day application is made for daily business permits.
B. Resident Defined: For purposes of this chapter, "resident" means a person or entity who has a valid Utah driver's license, a Utah university or college ID containing a resident seller's picture, or a Utah business license. (1999 Code)
A. Specified: Every swap meet licensee doing business in the city shall keep a record of all sellers wishing to utilize his premises. The record shall contain:
1. A description of the seller, including:
a. Name, including middle initial;
b. Address;
c. Sex;
d. Nationality;
e. Height;
f. Weight;
g. Color of hair;
h. Color of eyes;
i. Driver's license number and state of issue;
j. Occupation; and
k. Date of birth.
2. A description of the seller's vehicle, including:
a. Make;
b. Model;
c. Year;
d. Color;
e. License number and state; and
f. Registered owner if different than person offering articles for sale or exchange; and
3. A description of articles offered for sale, including:
a. Name of article;
b. Size;
c. Color;
d. Serial number or ID mark;
e. The number of a seller's sales tax permit, if any;
f. The number of the seller's daily business license permit; and
g. The date the seller applied to sell.
B. Used Merchandise: Provided, however, that for used merchandise with no ID marks, where the value of the goods is under five dollars ($5.00), the licensee may simply note on the form approved by the sheriff that the seller is selling the following types of items: clothing, books, dishes, art work, bedding, toys, produce, bottles, or other types of household items specified on the form. (1999 Code)
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