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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)
Temporary stands will be subject to the following regulations:
A. Distance To Structures: No fireworks stand shall be within twenty five feet (25') of any building, structure or other fireworks stand nor within fifty feet (50') of any gasoline pump, or gasoline dispensing service, or LPG tank or dispensing device.
B. Code Compliance: Fireworks stands need not comply with the provisions of the current fire or building code, as adopted by title 16, chapter 2 of this code, or its successor provisions, but shall comply with all zoning ordinances. However, all such stands shall be erected in a manner that will reasonably assure the safety of tenants and patrons.
C. Exits: Each stand up to twenty four feet (24') in length must have at least two (2) exits. Each stand in excess of twenty four feet (24') in length must have at least three (3) exits. All exits shall be spaced at approximately equal distances apart.
D. Fire Extinguishers: Each stand shall be equipped with an approved, portable fire extinguisher in good working order having a minimum 2A rating at every required exit.
E. Weeds And Combustible Material: All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty five feet (25') surrounding the stand.
F. Signs:
1. Two (2) signs, each sign bearing the message "No Smoking Within Twenty Five Feet Of This Stand" in letters at least three inches (3") tall shall be displayed on each and every side of a fireworks stand.
2. A sign bearing the message "Discharge Of Fireworks Prohibited Within One Hundred Fifty Feet Of This Stand" in letters at least three inches (3") tall shall be displayed on each and every side of the fireworks stand.
G. Supervisor: There shall be at least one supervisor, eighteen (18) years of age or older, on duty at the stand at all times when the sale of fireworks is in progress. All fireworks shall be effectively kept away from any kind of self-service by the public and shall be placed in a location which is unavailable and inaccessible to members of the public.
H. Removal: Fireworks stands shall be removed within five (5) days after retail sales shall cease.
I. Deposit: Prior to the issuance of a license, each applicant shall file with the business license coordinator a cash deposit in the amount of one hundred fifty dollars ($150.00) for each temporary fireworks stand to be operated by the applicant. Such deposit shall assure compliance with provisions of this article, including, but not limited to, the removal of the stand and the cleaning of the site upon which it was located. In the event the licensee does not comply with the provisions of this article or remove the stand or clean the site, the city may do so or cause the same to be done and a reasonable cost shall be charged against the licensee and the deposit, and the balance, if any, shall be forthwith returned to the licensee.
J. Sleeping: No person shall sleep in a fireworks stand overnight.
K. Posting Notices: The supervisor of a fireworks stand shall ensure that a copy of a notice pursuant to section 11-6-3 of this code, including any exhibits thereto, is posted in at least two (2) prominent locations on the fireworks stand at all times when the stand is open.
(Ord. 2013-28, 6-18-2013)
Fireworks may only be discharged by permit or on the dates and times described in section 11-6-2 of this code.
(Ord. 2011-38, 6-21-2011)