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)

5.48.410: VIOLATION; PENALTY:

In addition to other penalties provided by law, any person violating the provisions of this article shall be guilty of a misdemeanor. No seller shall be deemed to have substantially complied with these provisions if:

   A.   He fails to list all the property proposed to be sold or exchanged; or

   B.   He fails to list the correct serial number or identifying mark(s) of such property; and

   C.   He gives false information as to his identity or the property's identity, even though such information is not specifically required by this chapter. (1999 Code)

5.48.420: SECONDHAND AND JUNK DEALERS; DEFINITIONS:

For the purpose of this chapter, the following words shall have the meaning as defined in this section:

ANTIQUE DEALER: Any person engaged in the business of selling old or archaic items which are indicative of an older culture.

CHARITABLE ORGANIZATIONS: Any organization, group or church which receives personal property or secondhand goods from persons, groups or businesses but does not pay money or any other thing of value in return for received personal property or secondhand goods. Charitable organizations are not to be licensed or regulated by this section.

COIN DEALER: Any person who engages in the business of buying or selling coins having numismatic value. Coin dealers, when purchasing coins having numismatic value from members of a recognized numismatic society, or customers registered with the dealer, need not comply with the provisions of sections 5.48.520 or 5.48.570 of this chapter.

DEALER: All businesses or persons licensed under this section.

JUNK COLLECTOR: Any person not having a fixed place of business in the city who goes from house to house or place to place gathering, collecting, buying, selling or otherwise dealing in old rags, papers, metals or other articles commonly known as junk. They shall not be subject to the provisions of sections 5.48.520 or 5.48.570 of this chapter.

JUNK DEALER: Any person who engages in buying or selling old metals (other than precious metals), glass, rags, rubber, paper or other junk from a fixed place of business. They shall not be subject to the provisions of sections 5.48.520 or 5.48.570 of this section.

MAJOR APPLIANCES: Common major kitchen and washing appliances, such as refrigerators, ovens, dishwashers, washers, dryers, etc., excluding microwaves, stereos, television sets, etc.

PAWNBROKER: Any person who loans money on deposit of personal property, or deals in the purchase, exchange or possession of personal property on condition of selling the same back again to the pledger or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property into his possession, and who sells the unredeemed pledges, together with such new merchandise as will facilitate the sale of same.

PROCESSOR: Any person who engages in refining or otherwise altering the form of precious metal not found in a natural state (i.e., raw ore).

REGISTERED CUSTOMER: Any person who is registered with the dealer and who the dealer knows to be a reputable person in the community. A registered customer must complete a registered customer form supplied by the license official or sheriff and maintained in the dealer's records. The registered customer form shall have positive identification sections and a section stating that the registered customer certifies that property he will sell to the dealer meets the requirements of subsection 5.48.520B1 of this chapter.

SECONDHAND DEALER: Any person who keeps a store, office or place of business for the purchase, barter or exchange or sale of any secondhand merchandise of value, or who engages in the business of dealing in secondhand goods. For the purpose of this section, a "secondhand dealer" shall not be meant to include any person who deals in the purchase, barter, exchange or sale of used motor vehicles and trailers, but shall include any person who buys or sells five (5) or more firearms per year.

SECONDHAND PRECIOUS METAL DEALER/PROCESSOR OR PRECIOUS GEM DEALER: Any person who engages in buying, selling or processing gold, silver (excluding coins), platinum, other precious metals, secondhand articles containing any of such metals, secondhand precious gems, or any articles containing any precious gems. (1999 Code)

5.48.430: EXEMPTIONS:

   A.   The provisions of this chapter are inapplicable to:

      1.   Any merchant or dealer whose principal business is the selling of new merchandise and secondhand merchandise is taken in as a trade incident to the sale of new merchandise;

      2.   Any dealer who receives secondhand merchandise in trade for other secondhand merchandise of a higher value; or

      3.   Any dealer whose principal business is servicing and rebuilding major appliances, who receives used major appliances and adds value thereto through refurbishing and repairing the merchandise for resale.

   B.   Any dealer licensed by this section, when dealing with other licensed dealers, other licensed or registered businesses or persons, or when the dealer travels to the seller's residence to bid on and subsequently purchase goods other than gold, silver or precious metals need not comply with the provisions of sections 5.48.520 or 5.48.570 of this chapter. (1999 Code)