Chapter 5.09 - PAWNBROKERS AND SECONDHAND DEALERS

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

5.09.010 - New merchandise dealer exemption.#

The provisions of this Chapter are inapplicable to 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.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.020 - License required.#

It is unlawful for any Person to operate as a secondhand dealer, secondhand precious metal and/or precious gem dealer, Junk Dealer, Junk Collector, antique dealer, coin dealer, processor or pawnbroker, without first obtaining a license to do so. A separate license shall be required for each location and for the conduct of the business of a dealer.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.030 - Application for license.#

Each application for a license shall be made on the form that the business license official requires, and the applicant shall certify that the information given is true and correct under the penalties of perjury.

Each application for a dealer's license shall contain such information as deemed necessary by the chief of police and the business license official, including, but not limited to, a statement that the applicant authorizes the South Salt Lake police department or other Category I peace officers, to inspect the books, records, inventory and premises of the business during normal business hours.

Only individuals may apply for a dealer's license.

If an application for a license is made on behalf of a corporation or limited partnership, the license shall be applied for by and issued to the president of the corporation or members of the partnership who are authorized to act for it.

If the application is made on behalf of a partnership, the license shall be applied for by and issued to all of the partners who are authorized to act for the partnership. Where any partner is a corporation or limited partnership, the application shall be made by and issued to the president of the corporation or members of the limited partnership who are authorized to act for it.

Each individual who applies for a dealer's license under this Section assumes, as an individual, all responsibilities of the dealer and, as an individual, is subject to all conditions, restrictions and requirements imposed on dealers.

Each individual applying for a pawnbroker, secondhand dealer or secondhand precious metal/gem dealer license shall not be issued a license until such time as the police department has conducted a background investigation on the applicant and recommended favorable consideration of the application. No such applicant may be authorized to conduct any business until his application has been approved by the police department and the applicant has complied with all other licensing and bonding provisions contained in this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.040 - Bond required.#

Every Person licensed under this Chapter except Junk Collectors shall be required as a condition prerequisite to their obtaining a license or renewing a license provided for under this Chapter to deliver to the business license official a surety bond of one thousand dollars ($1,000.00) in a form and with sufficient sureties as is determined by the City Attorney for the faithful compliance with the provisions of this Chapter. A.

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 chief of police in which he shall enter at the time of purchase, in the English language:

The name, date of birth, address and physical description of the Person selling the secondhand property;

The driver's license number or similar proof of identification of the Person selling the secondhand property;

The date and time of the transaction;

The identification of the Person making the record entry;

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;

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

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

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:

A written certificate, on forms prescribed by the chief of police, that the Person delivering the property has the legal right to sell such property.

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 such 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.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.050 - Legibility of records.#

Inspection of Records and Premises. 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 Category I peace officer at any time. Category I peace officers shall also be permitted to have access to the premises licensed under this Chapter for the purpose of the inspection of such premises.

This Section does not apply to Coin Collectors, Junk Collectors, Junk Dealers, or Metal Processors, when dealing with other licensed dealers.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.060 - Copies to chief of police.#

It is unlawful for any Person licensed by this Chapter to fail to submit the certificates required to be maintained by Section 5.09.040(B) to the chief of police on the business day following the entry, except that the records regarding merchandise purchased from other dealers need not be so submitted, but shall be retained by the dealer at his Place of Business for inspection by any Category I peace officer.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.070 - Property to be kept thirty days before disposition.#

It is unlawful for any Person licensed by this Chapter to sell, melt, change (except for customary testing), take apart, destroy, obliterate identification marks or dispose of any secondhand property purchased or obtained by a dealer until thirty (30) days have elapsed from the date of compliance with the reporting requirements of Sections 5.09.040, 5.09.050 and 5.09.060, or for such additional time as to any specific item or items as may be directed by the chief of police or his designee. All items being so stored shall be segregated from other items and shall be identified by a tag attached to the property numbered in a manner to correspond with the number of the transaction description in the business records required to be kept by Section 5.09.050. Items purchased in bulk may be tagged in bulk. Items may be stored at other locations in Salt Lake County approved by the chief of police. The dealer shall produce these items at the business location within one hour of a request to do so by a Category I peace officer. Where compliance is impossible because of the close of business hours, the item shall be produced within one hour of the opening of business on the next business day.

The requirements of Subsection (A) of this Section shall not be applicable to any unidentifiable secondhand precious metals which have been inspected and received written clearance for earlier disposition by the chief of police or his designee.

The chief of police may, by written directive, modify the holding, record keeping or reporting requirements of this Section as they pertain to gold and silver coins.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.080 - Receiving stolen property.#

A Person commits theft if he receives, retains or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling or withholding any such property from the owner, knowing the property to be stolen, with a purpose to deprive the owner thereof.

The knowledge or belief required for Subsection (A) of this Section is presumed in the case of an actor who:

Is found in possession or control of other property stolen on a separate occasion; or

Has received other stolen property within the year preceding the receiving offense charged; or

Being a dealer in property of the sort received, retained or disposed, acquires it for a consideration which he knows is far below its reasonable value; or

Is a pawnbroker or Person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee or representative of the pawnbroker or Person who buys, receives or obtains property and fails to require the seller or person delivering the property to certify, in writing, that he has the legal rights to sell the property. If the value given for the property exceeds twenty dollars ($20.00) the pawnbroker or Person shall also require the seller or person delivering the property to obtain a legible print, preferably the right thumb, at the bottom of the certificate next to his signature and at least one other positive form of identification.

Every pawnbroker or Person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, and every agent, employee or representative of the pawnbroker or person who fails to comply with the requirements of Subsection (B)(4) of this Section shall be presumed to have bought, received or obtained the property knowing it to have been stolen or unlawfully obtained. This presumption may be rebutted by proof.

When in a prosecution under this Section it appears from the evidence that the defendant was a pawnbroker or a Person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or was an agent, employee, or representative of a pawnbroker or person, that the defendant bought, received, concealed or withheld the property without requiring the person from whom he bought, received, or obtained the property to sign the certificate required in Subsection (B)(4) of this Section and in the event the transaction involves an amount exceeding twenty dollars ($20.00) also places his legible print, preferably the right thumb, on the certificate, then the burden shall be upon the defendant to show that the property bought, received or obtained was not stolen.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.090 - Dealing with minors prohibited.#

It is unlawful for any licensee under this Chapter by himself, his agents or servants, to purchase or receive any personal property, book, current public-school textbook, or any articles whatsoever from any person under eighteen (18) years of age.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.100 - Secondhand dealers—Restrictions.#

No Person licensed under this Chapter as a secondhand dealer shall purchase, barter, exchange or sell any secondhand merchandise other than that of the same type and character which comprise his principal business.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.110 - Stolen goods.#

It is the duty of every pawnbroker or dealer to report to the police department any article pledged with or sold, or which is sought to pledge with him, or sell, if he shall have reason to believe that the article was stolen or lost, or found by the person attempting to pledge it or sell it in the case of a lost article.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.120 - Conduct of business—Partition.#

It is unlawful for any pawnbroker to keep or maintain his pawnbroker business in the same room or rooms with any other business whatsoever The partition walls separating the pawnbroker's business from other places of business must be of solid materials, and all connecting doors or other openings must be securely closed and locked at all times. Gratings, lattice or similar open work or contrivance will not be sufficient partition under the provisions of this Chapter. Patrons must enter and take their exit from all pawnbrokers' places of business through outside doors or entrances.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.130 - Liability of principal.#

The holder of a pawnbroker's or dealer's license is liable for any and all acts of his employees, and for any violation by them of any of the provisions of this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.140 - Right to redeem forfeited articles—Interest rates.#

It is unlawful in all cases in which an article pledged has been forfeited, for a sale or other disposition thereof to be made by the pledgee within the period of six months after the forfeiture of the pledge, unless the period of loan is less than three months; in which case the period of redemption shall be three months. During such periods the pledgor shall have the right to redeem such articles at no greater advance than five percent per month on all sums up to and including fifty dollars ($50.00), and three percent per month on all sums in excess of fifty dollars ($50.00); provided that the pledgee shall, in any event, be entitled to a minimum charge of one dollar ($1.00).

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.150 - Vehicles.#

Every vehicle used by a Junk Dealer in the conduct of his business, shall bear thereon, in legible characters, the name and address of the owner and proprietor thereof.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.160 - Premises.#

Any premises, area or piece or parcel of land licensed and used as a junk yard shall have not more than two entrances and two exits, each of which shall not exceed fifteen (15) feet in width at the perimeter of the premises. Such premises, areas, pieces or parcels of land shall be enclosed with either a solid nontransparent wall or fence or link-weave steel wire or combination thereof with a minimum height of seven feet from the ground level excepting for entrances and exits. The fence or wall shall not contain any poster or advertising of any kind excepting one sign of the licensee not exceeding one hundred (100) square feet in size.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.170 - Reporting changed 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 Chapter, the Person shall report the change to the business 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.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.09.180 - Grounds for refusal, suspension or revocation of license.#

The City may refuse to grant a license under this Chapter to any individual and may suspend, revoke or refuse to renew the license of any Person if it finds: A.

The Person has violated or is attempting to violate any provisions of this Chapter.

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

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:

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

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

The Person or dealer has been convicted of theft or receiving stolen property on one or more occasions within the past five years.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)