5.48.340: SELLERS LICENSING REQUIREMENTS:

   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)

5.48.350: TIME AND PROCEDURE FOR SALES:

   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)

5.48.360: LIABILITY OF PRINCIPAL:

The holder of a swap meet license is liable for any and all acts of his employees, and for any violation by them of the provisions of this chapter. (1999 Code)

5.48.370: RECORD KEEPING REQUIREMENTS GENERALLY:

   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)

5.48.380: LISTS OF LOST OR STOLEN PROPERTY:

The sheriff shall circulate a list of reported lost and stolen property to all swap meet licensees. (1999 Code)

5.48.390: REPORT OF SUSPECTED LOST OR STOLEN GOODS:

It shall be the duty of every swap meet licensee to report to the sheriff any article he has reason to believe was stolen, or lost and found by the person attempting to sell it. (1999 Code)

5.48.400: RECORD KEEPING; REPORTS TO SHERIFF:

It is unlawful for any swap meet licensee to fail to deliver on the date of application to the sheriff, a legible and accurate copy of the records required under section 5.48.370 of this chapter, along with the seller's daily business license permit fee. (1999 Code)