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A. Written Consent To Cut: It is unlawful for any person or persons, firm or corporation to sell at any time or offer for sale in the city any fir, evergreen or Christmas tree cut or procured from or within the public domain of the United States or the state or from any private land within the state, without written authority having been first obtained from the United States or the state or from the owner of such private lands to cut and remove such trees.
(1979 Code § 5.20.040)
B. Untagged Trees: It is unlawful for any person, firm or corporation to have in his or its possession for sale or to sell or offer for sale in the city any such trees as described in this article until the same shall have been officially tagged with a tag furnished or approved either by the United States forestry service or the department of forestry of the state.
(1979 Code § 5.20.050)
The following definitions shall apply whenever the terms listed are used in this article:
DISTRESSED GOODS: Includes all goods, wares and merchandise that are sold at sales represented or advertised as a bankrupt, insolvent's, assignee's, adjustor's, trustee's, executor's, administrator's, receiver's, wholesaler's, jobber's, manufacturer's, closing out, liquidation, quitting business, fire or water damage sale, or any sale which, by representation or advertisement, tends to lead the prospective purchaser to believe that the person conducting the sale is closing out his business and disposing of all his goods, wares or merchandise for less than the current or prevailing prices thereof in the city.
FALSE ADVERTISING: Any advertising, whether by placard, poster, sign, handbill, newspaper, magazine, circular, radio, television or any other means of communication, the effect of which is to suggest incorrectly the source, quality, price or value of the goods being sold or the reason for the sale thereof.
PERSONS: Includes any person, firm, association or corporation in the city.
(1979 Code § 5.48.010)
A. Required: It shall be unlawful for any person to sell or advertise distressed goods unless a license has been issued for such sale by the business license coordinator.
(1979 Code § 5.48.020; amd. 1999 Code)
B. Application; Contents: All applications for licenses authorized by this article shall contain the name and address of the applicant and, if the applicant is an agent, the name and address of the person for whom he is acting; shall specify the period of time during which the sale will be conducted, which shall not exceed three (3) months, except as provided in this article; shall have attached to it a complete and accurate list of all goods to be sold, together with the wholesale price thereof; and shall contain a statement that no other goods will be commingled with the distressed goods and that all the information contained on the application and the attached inventory are true and correct. The application shall be subscribed to under oath by the applicant or by his resident agent thereunto authorized.
(1979 Code § 5.48.030)
C. Fee; Period: The license fee for a sale of distressed goods shall be as determined in chapter 1, article B of this title, and the license shall be valid for thirty (30) days after the date of its issue. If all such items on such inventory are not sold within thirty (30) days from the issuance of the license it may be renewed, upon application and payment of the renewal fee, if a sworn statement is filed with the business license coordinator listing the items on the original inventory that have not been sold and affirming that no goods other than the inventoried goods have been or will be sold in connection with such sale.
(1979 Code § 5.48.040; amd. Ord. 81-27, 6-25-1981; Ord. 97-94, 12-16-1997; 1999 Code)
A. False Statements: It is unlawful to make a false statement in any application for a license authorized by this article.
(1979 Code § 5.48.050)
B. False Advertising: It is unlawful to engage in or cause to be published, displayed, announced or distributed any false advertising in connection with the sale of any distressed goods.
(1979 Code § 5.48.060)
C. Commingling Distressed Goods: It is unlawful to commingle with any distressed goods, as set forth in any inventory filed with the application for a license as provided in this article, any other goods which are not listed on said inventory; provided however, that nothing contained in this subsection shall prohibit the sale of inventoried goods and other goods if the inventoried goods are segregated from such other goods in such manner that they can be clearly and readily distinguished by prospective purchasers.
(1979 Code § 5.48.070)
D. Securing Goods For Commingling: No person seeking a license shall secure goods, wares or merchandise prior to the application for a license for the purpose of commingling such goods with distressed goods at a distressed goods sale, and any extraordinary purchase or addition to stocks that is not normally made in the usual course of business within sixty (60) days prior to the application for a license shall be presumptive evidence that any such purchase or addition was made for the purpose of commingling at such sale.
(1979 Code § 5.48.080)
A. Required; When Permitted; Defined:
1. No person shall offer for sale or sell at retail any fireworks without having first applied for and received a license from the city and a permit from the fire department to do so for each location at which the said fireworks are sold. A license may be issued for the sale of fireworks only for the periods of time on or between June 23 and July 27 of each year; on or between December 29 and December 31 of each year; and two (2) days before and on the Chinese New Year's Eve.
2. Fireworks, as used in this article, shall have the same meaning as provided in the Utah fireworks act, Utah Code Annotated sections 53-7-220 through 53-7-225, as it now exists or as hereafter amended.
B. Application: Applications for a license and permit to sell fireworks shall be made in writing to the business license coordinator and shall include:
1. Payment Of License And Permit Fee: The payment of a business license and a permit fee per location as determined in chapter 1, article B of this title.
2. Proposed Location: Set forth the proposed location or locations of the fireworks stand and whether in temporary stands or in permanent buildings.
3. Insurance Certificates: Deliver to the business license coordinator insurance certificates evidencing public liability insurance coverage in the amount of two hundred thousand dollars/four hundred thousand dollars ($200,000.00/$400,000.00) and property damage insurance coverage in the amount of two hundred thousand dollars ($200,000.00). Such certificates shall designate the city as an additional insured.
4. Statement Of Compliance: Include a statement that the applicant has a copy of and agrees to comply strictly with the terms of this article, Utah Code Annotated title 11, chapter 3, and the laws of the state.
5. Sales Tax Permit: Include evidence of a sales tax permit from the state.
C. Inspection Of Premises: Upon receipt of such application, the business license coordinator shall forward the same to the fire department, which shall inspect the proposed premises and other compliance items and forthwith issue or deny its permit for the locations involved and notify the business license coordinator, which shall issue the license or deny the same as determined by the fire department.
D. Display Of License; Sales Tax Permit: The license and permit to sell fireworks and the sales tax permit used by the licensee shall be displayed in a prominent place in the fireworks stand or store.
(Ord. 2012-38, 6-26-2012)
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