The text
Sections:
5.07.010 - Limit of Scope of Chapter.#
The provisions of this Chapter shall not be applicable to Auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers, or other public officers acting under judicial process, nor to the sale of real property at Auction; nor shall it apply to any Auction held for charitable or benevolent purposes or for any church, fair, festival or bazaar; nor to an Auction wherein the general public is not invited nor permitted to participate as bidders, or where the bidding and sale is wholly online or is restricted to wholesalers or retailers purchasing for resale.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.020 - Compliance Required for Auction Sales.#
No personal property (goods, wares, or merchandise) shall be sold at Auction in the City of South Salt Lake, except in compliance with the provisions of this Chapter.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.030 - Auctioneer's License Required.#
It is unlawful to sell, cause, or permit to be sold at Auction, personal property (goods, wares or merchandise) in the City of South Salt Lake unless such sale is conducted by a properly licensed Auctioneer within the City of South Salt Lake.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.040 - Application for Auctioneer's License.#
An Auctioneer's license requires the following information: A.
Name of the applicant;
B.
Residence and business address of the applicant;
C.
The length of time for which an Auctioneer's license is desired; and
D.
A statement as to whether or not the applicant has ever been convicted of a crime, misdemeanor, or violation of any municipal ordinance related to an Auction, and if so, the nature of the offense and the punishment or penalty assessed.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.050 - Inventory of Sale Articles.#
A.
At least fifteen (15) days prior to every Auction, a true and correct inventory of items to be sold shall be filed with the business license official of South Salt Lake.
B.
Such inventory shall: (1) list the articles proposed to be sold at sale by Auction; (2) provide any identifying numbers or marks that may be on the articles to be sold; (3) indicate opposite the description of each article whether the same is new or used; and (4) list each of the articles described in the inventory with a number; provided, however, that no article need be listed in the inventory that has a retail value of less than five dollars ($5.00). Upon receipt of such inventory, it will be forwarded to the police department for investigation to establish insofar as possible that the property therein listed is not contraband or otherwise illegal for sale. After investigation, the police shall issue a written report to the business license official within ten (10) days after receipt of the inventory, and no Auction may be held until such report is received by the business license official, the Auction approved by the mayor, and the appropriate license issued by the City. It is unlawful to sell at Auction any item not listed on the inventory as set forth above.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.060 - Refusal or revocation of license.#
An Auctioneer's license may be revoked by a business license official or an application for issuance or renewal of such license may be refused by the business license official, if the official determines: A.
That the application contains any false, fraudulent, or misleading material statements;
B.
That the applicant or license holder has made any false, fraudulent, or misleading material statement in the course of conducting an Auction sale of, or in offering for sale at Auction, any real or personal property (goods, wares or merchandise) in the City of South Salt Lake;
C.
That the applicant or license holder has perpetrated a fraud upon any Person whether or not such fraud was perpetrated in the conduct of an Auction in the City of South Salt Lake;
D.
That the applicant or license holder has violated any of the statutes of the state of Utah relating to Auctions or Auctioneers;
E.
That the applicant has been convicted of any crime or misdemeanor involving moral turpitude related to an Auction; or
F.
That the applicant or license holder has conducted an Auction sale, or offered for sale at Auction, any real or personal property (goods, wares or merchandise) in the City of South Salt Lake in an unlawful manner.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.070 - Bond Required Prior to License Issuance.#
Every applicant for an Auctioneer's license shall file with the City recorder a surety bond running to South Salt Lake City, in the amount of five thousand dollars ($5,000.00) and approved by the City Attorney conditioned that if an Auctioneer's license is issued the applicant shall: (1) comply fully with all ordinances of the City South Salt Lake and statutes of the state of Utah regulating and concerning Auctions and Auctioneers, will render true and strict accounts of all sales to any Person or Persons employing him to make the same; or (2) not commit any fraud or deceit at any Auction sale or permit any Person in his Employ to commit any such fraud or deceit, and shall pay all damages sustained by any Person by reason of any fraud, deceit, negligence, or other wrongful act on the part of the licensee, his agents, or employees in the conduct of any Auction or in the exercise of the calling of an Auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the state of Utah that conforms to the above requirements may be permitted by the City Attorney in his discretion in lieu of a bond. An Auctioneer employed by a Person holding an Auction House license or a Transient Auction House license, in lieu of filing a bond or certificate of insurance, may file a notarized affidavit from the license holder that affirms that the applicant is an Employee, that such license holder is responsible for all actions of his Employee, and that the Employee is covered by a valid bond as above required.
It is unlawful for an Auctioneer who files a certificate of employment with an Auction House licensee or Transient Auction House licensee to conduct an Auction except under the direct supervision of the licensee.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.080 - Auction House License Required.#
It is unlawful for any Person to Engage in the Business of, or keep, conduct, or operate an Auction House in the City of South Salt Lake without first obtaining a license to do so and filing a bond as required in Section 5.07.120.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.090 - Auction House License Fee.#
The fee for such a license shall be determined in accordance with the consolidated fee schedule, or any subsequent superseding ordinance or resolution by the City Council.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.100 - Transient Auction House Owner—License Period.#
It is unlawful for any Person to conduct an Auction as a Transient Auction House owner, without applying for and obtaining a Transient Auction House owner's license from the business license official. Provided, however, that a Person that holds an Auction House license shall not be required to also obtain a Transient auction house license. No Person shall be relieved from the provisions of this Chapter due to a temporary association with any licensed dealer, trader, merchant, or Auctioneer, notwithstanding the fact that such parties conduct such temporary or Transient Auction business in connection with, as a part of, or in the name of any other licensed dealer, trader, merchant, or Auctioneer.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.110 - Transient Auction House License Fee.#
The license fee for Engaging in Business as a Transient Auction House owner shall be payable in advance for each day such business shall continue. The fee a Transient Auction House license shall be determined in accordance with the consolidated fee schedule, or any subsequent superseding ordinance or resolution adopted by the City Council.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.120 - Transient Auction House Bond Required.#
The applicant for a Transient Auction House license shall file with the City recorder of South Salt Lake City a corporate surety bond acceptable to and approved by the City Attorney in the sum of ten thousand dollars ($10,000.00) and shall indemnify and run to South Salt Lake City and any person injured or damaged through dealing with the licensee, or their Employees or agents and be in full force and effect for the year in which they obtain a license. Any surety bond shall be conditioned on the licensee (1) fully complying with all ordinances of South Salt Lake City and statutes of the state of Utah regulating and concerning Auctions and Auctioneers; (2) rendering true and strict accounts of all auction sales to any Person or Persons employing the Auctioneer to make the same; (3) will not commit any fraud, deceit, or make any material misrepresentations of fact with reference to property or bidders or purchasers of property from any Auction sale conducted under the license and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence, or wrongful act on the part of the licensee, his agents, or Employees and the conduct of Auctioneer in the exercise of the call of Auctioneer.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.130 - Sale Merchandise Must be Labeled.#
Before any sale is made at Auction, the licensee must attach to each article to be sold, that has a retail value of five dollars ($5.00) or greater, a card with the article number corresponding to the article as it is described in the inventory form on file with the business license official, as set forth in this Chapter. No article with a retail value of five dollars ($5.00) or greater shall be sold at any Auction, other than the merchandise described in the inventory form on file with the business license official. Where a sale is had at public auction of the stock on hand of any merchant or auction house, in accordance with the provisions of this Chapter, such sale shall not be fed or replenished.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.140 - False Representation Prohibited.#
It is unlawful for any Auctioneer, to describe any goods, wares, or merchandise, with respect to character, quality, kind, value, or otherwise, in a fraudulent, misleading, untruthful or unwarranted manner that would tend to mislead bidders, or to cause one item sold to be substituted for another.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.150 - Reserved Right of Seller to Bid.#
The right to bid may be reserved expressly by, or on behalf of, the seller; provided, however, that notice of such reservation shall be posted, and shall remain posted throughout the Auction sale, in a prominent and conspicuous place where the sale is being conducted, in letters large enough to be reasonably visible to any Person with normal vision, and shall read substantially as follows:
SELLER RESERVES THE RIGHT TO BID ON ANY ARTICLE AT ANY TIME.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.160 - Unlawful for Seller to Bid at Sale Without Reserve.#
Where notice has not been given that a sale by Auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid or to Employ or induce any Person to bid on his behalf or for the Auctioneer to Employ or induce any Person to bid on behalf of the seller or knowingly to take any bid from the seller or any Person Employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.170 - By Bidders Prohibited.#
It is unlawful for any Person to act at any Auction as a by bidder or booster to buy on behalf of the Auctioneer or owner, to increase the price of the article to be sold, or to make a false bid.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.180 - Continuous Attendance by Licensee Required.#
The licensee or, if a corporation, one of the officers of the licensee, shall remain in continuous attendance at any Auction.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.190 - Representation of Quality Must be Truthful.#
All sales and all Persons participating in sales must truly and correctly represent to the public attending such Auction the facts in respect to quality of the sale merchandise.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.200 - Record of Sales to be Kept.#
The licensee in every case, where an article is sold for five dollars ($5.00) or more, shall keep a complete record of all such sales made at auction, showing the name and address of each purchaser, a description of each article sold, including the number thereof, corresponding with the numbers shown upon the inventory form on file with the business license official, and the date of each sale. The sales record shall be available for inspection by the business license official at any time.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.210 - Sale Merchandise to be in City for Fifteen Days.#
It is unlawful for anyone to sell or offer for sale at Auction any merchandise unless the merchandise shall have been within the City of South Salt Lake at least fifteen (15) days immediately prior to the sale or offer for sale and the City business license official shall be given five (5) days advance notice of any arrival of merchandise in South Salt Lake; provided that livestock shall be required only to be at the location where a sale is held not less than two (2) days prior to Auction.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.220 - Auction to be on Successive Days.#
All Auction sales shall be held on successive days, Sundays and legal holidays excepted.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.230 - Receipts for Goods—Commission.#
It is the duty of all licensed Auctioneers to receive all articles that may be offered for sale at Auction, and give receipts therefor; and at the close of any sale, that must be made as the owner directs, the Auctioneer shall deliver a fair account of such sale, and pay the amount received for such articles to the person entitled thereto, deducting therefrom a commission not to exceed ten (10) percent on the amount of such sale.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.240 - Prohibited Conduct at Auction Sales.#
All Auctioneers are prohibited from conducting their Auctions in such manner as to cause people to obstruct sidewalks.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.250 - Licensees to Conform to Other Laws.#
Nothing in this Chapter shall exempt any Auction House or Auctioneer, or the seller of any goods sold at Auction from any license, from tax, any ordinance of the City South Salt Lake, nor any of the laws of the state of Utah to which they may be subject.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.260 - Right to Return Articles—Sign Required.#
Purchasers at Auctions of valuable articles may return such articles purchased at auction for a period of ninety (90) days to the Auction House licensee and receive from the licensee a full refund upon tender of such merchandise with proof of purchase. Failure of the Auction House licensee to provide such refund within a period of five (5) days after presentation of such merchandise, proof of purchase, and demand for refund shall result in loss of Auction House license and forfeiture of posted bond to the extent necessary to satisfy the demand of claimants under this Section. To the extent that such auction house licensee fails to meet such claims, then the Auction House licensee shall be liable to such purchasers directly.
All Auction House licensees shall post a notice in a prominent, conspicuous place wherein any Auction sales are being conducted, in letters large enough to be visible to any person with normal vision who may attend such sale, reading substantially as follows: PURCHASERS OF MERCHANDISE ACQUIRED AT THIS AUCTION MAY, FOR A PERIOD OF 90 DAYS FROM THE DATE OF PURCHASE, RETURN SUCH MERCHANDISE TO (THE AUCTION HOUSE LICENSEE) AND RECEIVE THE FULL REFUND OF ANY AMOUNTS PAID FOR SUCH MERCHANDISE.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.07.270 - Records to be submitted to license department.#
Any Auction House licensee providing facilities for Auctioneers of valuable articles shall, within a period of ten (10) days following the final day of any Auction of such valuable articles, provide the City licensing department with complete records of all sales of valuable articles including: A.
The names and addresses of all purchasers of all valuable articles at the auction and the date upon which such purchase was made.
B.
A description of the valuable article purchased, and the purchase price paid for such article.
C.
The name and address of the Auctioneer selling such articles and the name and address of the responsible Person or entity on whose behalf the Auctioneer made such sale.
D.
The name and address of Auction House licensee.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)