5.48.470: LICENSE; BOND REQUIRED; EXCEPTION:

Every person licensed under this chapter shall be required as a condition prerequisite to their obtaining a license or renewing a license provided for under this section, to deliver to 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. (1999 Code; amd. Ord. 2010-27, 12-9-2010)

5.48.480: RELOCATION OF BUSINESS; LICENSE REQUIRED:

   A.   Fixed Permanent Location: A dealer may conduct the licensed business only from the fixed permanent location as specified in the application for the license, which shall be other than a motel or hotel room generally used by transients.

   B.   Removal Or Relocation: A dealer may not remove or relocate the location specified in the license for the business, or open any additional location unless the person has applied for and obtained a separate license from the license official. (1999 Code)

5.48.490: REPORTING CHANGES IN LICENSE INFORMATION:

If, during any license year, there is a change in the information that a person gave in obtaining or renewing a license under this section, the person shall report the change to the license official within thirty (30) days after the change occurs, and certify that the information given is true and correct under the penalties of perjury. (1999 Code)

5.48.500: LICENSE DENIAL, SUSPENSION OR REVOCATION:

The license official may refuse to grant a license under this chapter to any individual, and may suspend, revoke or refuse to renew the license of any dealer if it finds:

   A.   The dealer has violated or is attempting to violate any provisions of this section;

   B.   A similar license issued to the dealer has been suspended, revoked or refused in another jurisdiction for a reason which would justify such action under this chapter;

   C.   Any officer, manager, agent or employee of the individual or dealer has violated or is attempting to violate any provisions of this chapter, unless the person or dealer:

      1.   Had no knowledge of the wrongful conduct and in the exercise of reasonable diligence could not have known of the conduct; and

      2.   Was unable to prevent the violation or attempted violation with the exercise of reasonable diligence; or

   D.   The person or dealer has been convicted of theft or receiving stolen property on one or more occasions within the past five (5) years. (1999 Code)

5.48.510: HEARING ON DENIAL, SUSPENSION OR REVOCATION:

Before revoking, suspending or refusing to grant or renew any license, the applicant, employee or dealer shall be informed of an opportunity to appeal such decision in accordance with the provisions hereof. (1999 Code)

5.48.520: RECORDKEEPING REQUIREMENTS GENERALLY:

   A.   Book; Information Required: It is unlawful for any person licensed by this chapter to fail to keep a substantial and well bound book, in a format specified by the license official or sheriff, in which he shall enter at the time of purchase, in the English language:

      1.   The name, date of birth, address and physical description of the person selling the secondhand property;

      2.   The driver's license number or any other positive form of identification containing a numerical identifier and a photograph of the person selling the secondhand property;

      3.   The date and time of the transaction;

      4.   The identification of the person making the record entry;

      5.   A description of the item purchased or obtained by the dealer, including, but not limited to, a description of the metallic composition, any jewels, stones or glass, and a listing of all numbers, marks, monograms, trademarks, manufacturer's names, serial numbers, and any other marks of identification appearing on the item;

      6.   The weight of the item or items, where payment is based on weight; and

      7.   The consideration paid for the item or, if pawned, the amount of money loaned or advanced.

   B.   Additional Requirements: In addition to the requirements of subsection A of this section, a pawnbroker, secondhand dealer, antique dealer, coin dealer and a secondhand precious metal/gem dealer shall also obtain and keep the following:

      1.   A written certificate, on forms prescribed by the license official or sheriff, that the person delivering the property has the legal right to sell such property and produces at least one positive form of identification containing a numerical identifier and a photograph;

      2.   If the value of the property exceeds twenty dollars ($20.00), the secondhand dealer, pawnbroker, antique dealer, coin dealer, secondhand precious metal/gem dealer, or persons receiving said property, shall also require the seller or person delivering the property, whether known or not, to give a legible print, preferably the right thumb, at the bottom of the certificate next to his signature; and

      3.   Signature of the purchasing agent who received the property from the person whose name is on the card as the pawner or seller. (1999 Code)

5.48.530: RECORD KEEPING; LEGIBILITY AND ACCESS FOR INSPECTION:

   A.   All entries shall be made with ink in a legible manner, and all records of all dealers defined in this chapter shall be open to inspection by any peace officer as defined by Utah Code Annotated section 77-1a-1.

   B.   Upon request to do so by any peace officer as defined by Utah Code Annotated section 77-1a-1, all goods, articles or other things pawned, pledged, sold or delivered to such dealer must be retained and held until released by a peace officer or delivered to the peace officer upon consent of the dealer or pursuant to the terms of any search warrant issued to the peace officer, and served upon such dealer. (1999 Code)