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Show i X i i r'f? SunNews. Wednesday. Dec. 30 1222 ('ontmued from previous pae whatsoever misrepresented as far as any public auction w is concerned. (2) The length of time for hirii the license is desired. (3) A statement as to whether or not the applicant has previously engaged in a like or similar business, designating the place and date of such business. (b Fee. Refer to (c) Bond required. All persons engaged in the business of conducting an auction, whether as a temporal y business in connection with another business house or establishment, or as an auction s ' .. a in nn- to the surety in the Representations as to quality ; records required. Allsales and all persons participating in sales must truly and correctly represent at all times to the public attending an auction the facts with respect to the quality of items for sale. The licensee shall keep a complete record of all sales made at the auction, showing the name and address of each purchaser, a description of each article sold, including the number thereof, which shall correspond with the numbers shown upon the inventory required above, and the date of each such sale. The record shall at all times be open lo inspection by the Police Department. (I) 'ud Li! with corporate sum of three thousand dollars for the :S3,(HX).00) conditional faithful observance of all laws and ordinances of the City. (d i List of merchandise to be Before any licensee provided holds an auction wherein he intends to sell any merchandise which is not part of a bankruptcy or state liquidation sale, he shall submit to the City Recorder a complete and accurate inventory listing those arucles and giving any (demising numbers or marks w hich may be upon them, indicating opposite the description of each arucle whether it is new or used and listing each of the articles described in the inventory with a number. The licensee shall also submit detailed statements or representations proposed to be made or advertised regarding the goods The inventory and to be sold. statements shall be submitted at least sixteen (16j business hours (those hours between 8;00 a.m. and 5:00 p.m., Monday through r riday) before the auction is to be held. (c) Inspection of articles by Police Department. The licensee shall make available for inspection by police officers all the articles which are listed in the inventory required by subsection (c) above. The articles shall be available for inspection between the hours of 8:lX) a.m. and 5:00 p.m. on the days prccecding the auction which correspond to the unie frames set forth in subsection (c) above. If, upon inspection, a police officer has probable cause to believe an article has been stolen, he shall seize it and hold it for proper disposition. (0 False bidding, auctioneer or officer to be present. No person shall act at any sale by auction as a or booster to bid in behalf of the auctioneer, or to run up the price of the article to be sold, or to make any false bid. The licensee, or if the licensee is a corporation, then one of its officers, shall remain in continuous attendance at each auction held to assure compliance with this Chapter. (g) Conduct generally. Auctioneers and their assistants are forbidden to conduct their sales in such a manner so as to cause people to gather in crowds on the sidewalks so as to obstruct them, or to cause any public nuisance. (h) Fraud. It shall be unlawful for an auctioneer or his assistants when selling or offering for sale at public auction any goods, wares or merchandise under the provisions of this Chapter, while describing said goods, wares or merchandise with respect to character, quality, kind or value or otherwise, to make any fraudulent, misleading, untruthful or unwarranted statements tending in any way to mislead bidders, or to substitute one article for another. (i) Transient auction houses. Any person or any agent, servant or employee of any person who shall sell or offer for sale at auction any goods, wares, merchandise or articles of value in or from any hotel, dwelling house, store, storeroom, stall, tent, building, structure, stand or other place indoors or outdoors, and who shall occupy said place for the purpose of conducting a temporary business it 'herein, shall be deemed a auction house owner for the purposes of this Chapter; and the person, or any agent, servant or employee thereof, so engaged shall not be relieved from the provisions of this Chapter by reason of association temporarily with any licensed dealer, trader, merchant or auctioneer. (j) Duties of auctioneer reIt lating to ownercommission. shall be the duty of all licensed auctioneers or auction houses to give receipts for all articles which they receive for the purpose of selling them at auction. At the close of any sale, which must be made as the owner directs, the auctioneer shall deliver a fair account of such sale and pay the amount received for the articles to the person entitled thereto, deducting therefrom a reasonable commission. (k) Marking of merchandise; selling uninventoried goods. Before any sale is made at auction, the licensee must attach to each article to be sold a card with the number of the article endorsed thereon such that the number shall correspond to the article as it is described in the inventory submitted pursuant to subsection (c) above. Where subsection (c) requires the submission of an inventory, no article shall be sold at an auction unless it is described and set forth in that inventory. er tran-siet- '-- ! 511 HOME OCCUPA TIONS. addition to complying with the licensing requirements of this Chapter, any person engaging in a home occupation shall comply w'ith the requirements of the Zoning Ordinance of the City. In Unlawful to issue unnumbered ticket. It shall be unlawful for a pawnbroker or dealer to issue any uckct which is not serially numbered in sequence and shown in the ledger book referred to in subsection (d) above, or to intentionally falsify any information on either the ledger or the three-pa- rt (hi ticket. (1) Retention of property for thirty days. Except as provided herein, it shall be unlawful for any pawnbroker or dealer to sell or otherw ise dispose of any pawned, secondhand, junk or antique property or precious metal for a period of thirty (30) days from the date of receiving it. This subsection shall not apply, however, in the follow- ing cases: (1) When written permission is received from the Police Department to dispose of the property before the expiration of the thirty (30) day period. (2) items, In the case of pawned is returned to if the property the PAWNBROKERS, SECONDHAND DEALERS, ETC. (a) Fee. Refer to (b) Bond required. Before a business license is issued to a pawnbroker or dealer as defined in this Title, the applicant therefore shall execute and deliver to the City abond in theprincipal amount of three thousand dollars (S3,000.00) executed by a corporate surety authorized to do business in the Suite of Utah and conditioned upon the faithful performance by the licensee of all requirements under this Chapter. (c) Employees and agents. For purposes of this Chapter, the words pawmbroker and dealer shall be deemed to include all the employees oragcnisofeach pawnbroker or dealer. It (d) Records required. shall be unlawful for any pawnbroker or dealer to fail to keep a permanent record of each loan, purchase or receipt of personal property. Such record shallbe legibly written in ink and in the English language at the time of the transaction. No such record or any portion thereof shall be erased, obliterated or defaced. The record for each transaction shall contain the following information: (1) The date of the transaction. (2) The name and address of the seller or pledgor(if the property is jointly owned each joint owner must be designated). (3) An accurate description of the goods, articles or things pawned, purchased or otherwise obtained, including the serial number of the article, if any, the name of the manufacturer, if available, and the dimensional description, if applicable. (4) The amount of money loaned or advanced thereon or paid therefore. (5) The date and time of day of the pledging, purchasing or receiving of such goods, articles or things, and in the case of pledged property, the period of time within which the pledgemust be honored. (6) The serial number of the ticket required insubsection (e) below. (e) Tickets required. In connection with each transaction, the pawnbroker or dealer shall make out a serially numbered three-paticket concerning any persons selling or pawning property, in a form previously approved which shall contain the following information: (1) The following information concerning the seller or pledgor: (a) The last, first and middle name; (b) The signature of the seller or pledgor; (c) The street address, city, state, and zip code; (d) Phone number; (e) Sex (male or female); (0 Date of birth; (g) Height; (h) Weight; (i) Race; (j) Scarsmarks; (k) Indentification used and pertinent numbers; (l) Right thumbprint; (2) The name of the person accepting the property for the dealer or pawnbroker. (3) A signed statement certifying that the described property has not been obtained by any illegal means and is the sellers or pledgors property and is free and clear of any encumbrances and that the seller or pledgor has a legal right to sell the property. (0 Disposition of the tickets. The disposition of each three-paticket shall be made as follows: (1) The original shall be retained by the pawnbroker or dealer. (2) The First copy shall be retained by the person pawning or selling the article. (3) The second copy shall be delivered to the Police Department. The delivery of such copies shall be made at least once every week. (g) Inspection of records. All of the above required records and information shall be open to the inspection of any police officer during regular business hours. rt rt pledgor. (3) If the property is bullion. If requested, and upon a showing of proof by a Police Officer that an article has been stolen or did not belong to the seller or pledgor, the dealer or pawnbroker shall release the article to the Police Department, where it shall be held until such time as criminal proceedings concerning the article are fully resolved or until it can be returned to the rightful owner. (j) Dealing with proscribed persons. It shall be unlawful for any pawnbroker or dealer to purchase or receive any personal property from any person who is intoxicated at the time of the transaction, or who is known by the pawnbroker or dealer to be insane, incompetent or a thief, or who is under the age of eighteen (18) years. (k) Unlawful to sell firearms, knives to minors. It shall be unlawful for any dealer or pawnbroker to sell or trade any gun or knife with a blade in excess of four (4) inches long to any person under the age of eighteen (18) years, unless said person is accompanied by his legal guardian or parent. (l) Hours. It shall be unlawful for any dealer or pawnbroker to keep his place of business open for trade before 7:00 a.m. or after 10:00 p.m. (m) Taking property from someone other than the owner. It shall be unlawful for a dealer or pawnbroker to purchase orother-wis- e receive any property from someone other than the owner thereof except with written permission of the owner. Any property taken in violation of this subsection shall be returned to the true owner upon a showing of proof of ownership of the property by the owner. (n) Separate rooms. It shall be unlawful for any pawnbroker or dealer to contain his business in the same room or in the same building true with interconnected rooms with any business dealing in alcoholic beverages. PRIVATE POLICE OR DETECTIVES. (a) Application of provisions. The provisions of this Chapter shall apply to any person desiring to engage or engaging in the business of a private detective, merchant policeman or investigator, or of providing for watchman, guard or private patrolman services. They shall not apply, however, to security guards or security guard companies operating within the City and regulated by Chapter 45 of Title 58 of the Utah Code Annotated (1953, as amended); provided, however, that such security guard companies shall still be required to obtain a business license pursuant to Section II of the Title in order to pursue their occupation with the City. (b) Fee. Refer to (c) Information in addition to application for license. The following information shall be submitted in addition to that required by Section A. (6) Proof of a policy of bility insurance in an amount not less than two hundred fifty thousand dollars (5250,000) for personal injury or damage, issued by an insurance company authorized to do business in the State of Utah, and conditioned for the payment to any person for damages of any injury occasioned by the fault or negligence of the licensee or the licensees employees. If the applicant is a partner1 items ship, through 4 shall be required for each partner or member, and if a corporation, for each officer, director, and employee. lia- (d) Interview with Chief of Police. Each applicant for a license to engage in a business regulated by this Chapter or his agent at the time of filing his application and each prospective employee who shall work within the City limits of the City of Salina and his immediate superior shall appear in person before the Chief of Police, who shall inquire of him as to his experience and qualifications and other basic requirements as herein provided to engage in such business. The Chief of Police shall then file his written findings and recommendations with the City Recorder. Persons disqualified (e) from licensing. No license shall be issued to any person nor shall any person be employed by a licensee under this Chapter who is not a citizen of the United States; or who is under the age of twenty-on- e (21) years; or who has been convicted of a felony by the courts of this or another state or of the United States; or who has been convicted anywhere of an act or acts which, if done in the State of Utah, would constitute an assault, theft, larceny, unlawful entry, extortion, buying or carrying weapons or burglars tools or escaping from lawful custody, or of a crime or crimes involving moral turpitude; or who has been convicted in any other state of acts, which if done in the State of Utah would be a felony; nor shall any person who makes a false statement in his application for a license required by this Chapter be deemed a qualified person for such license. Information concerning the above matters shall be delivered to the City-Record- (f) Duty to carry license. Each person licensed under shall carry on his person at all times a license issued by the City Recorder certifying that such person is duly licensed to engage in the business of the type set forth in this Chapter and for which the license is issued. this-Chapt- er (g) Badges, uniforms. A licensee under this Chapter or employees of a licensee shall not wear a uniform or display a badge that resembles the uniform or badge worn and displayed by the Police Department or any other official law enforcement agency acting within the State of Utah. The decision of the Chief of Police as to any similiarity shall be Final, and failure to comply with the decision of the Chief of Police shall be grounds for revocation of the license. (h) Vehicles. A licensee under this Chapter or employees of a licensee shall not operate a motor vehicle in the performance of his business with a label, decal, or business name that resembles the label, decal or name appearing on the motor vehicles of the Police Department or any other official law enforcement agency acting within the State of Utah. The decision of the Chiefof Police as to any such similarity shall be final, and failure to comply with his decision shall be grounds for revocation of the license. (i) Misrepresenting fact of licensing. It shall be unlawful for any person to represent to any other person that he is duly licensed to carry on the type of business set forth in this Chapter when in fact he is not so licensed or employed. of United States (1) Proof SOLICITORS. citizenship. (2) A statement of the expe- rience of the applicant as a private policeman or a detective. (3) A photograph no larger than two inches by three inches (2" x 3") of the applicant. (4) A set the applicant. of Fingerprints of (5) A corporate surety bond the amount of three thousand dollars ($3,000.00) executed by a surety company authorized to do business in the State of Utah and conditional upon the person applying for the license complying with all of the laws and ordinances regulating the business of the type set forth in this Chapter and all lawful requirements made by the City and paying all damages occasioned to any person by reason of any misrepresentation, fraud, or deceit of the licensed person, his agent or employee, or which may result from any other violation of in law (a) License required. It shall be unlawful for any person o conduct the business of a solicitor without first securing a license pursuant to the provisions of this Chapter. Persons (b) Exemptions. already licensed pursuant to the provisions of this Chapter, but who also engage in soliciting activities, are exempt from further licensing under this Chapter provided that such solicitation is not for the sale of merchandise from a separate location than that already licensed. All othersolicitors doing business within the City are nonexempt and shall comply with the provisions of this Chapter. (c) Application; additional requirements. In addition to submitting a completed application, each applicant, including each member of a partnership and officers, directors and employees of a corporation, shall: or ordinance in carrying on the licensed business. ir,ifTniiinJtiii.ii(ipiijitiiiTTwfw.nrirr (1) Furnish the City with two """'i "" fp uni 1 (2) photographs, not huger than two inches by three inches (2 x 3"), of the applicant, taken within the last twelve (12) months, one of which shall be affixed to the certificate issued to the licensee and the other of which shall be retained in the files and records of the City-Record- (2) Submit to the taking of a set of fingerprints and sign his name to the fingerprint card on which his fingerprints are taken by the Police Department. Submit a corporate (3) surety bond in the sum of three thousand dollars ($3,000) or deposit in cash the amount of three hundred dollars (S300) conditional for the faithful observance of all laws and ordinances of the City. (4) Must have a Utah State Resale Number, if applicable. (d) Fee. Refer to 5-- -- 1 3G. (e) Regulations. The following regulations apply to solicitors engaged in solicitation activities in the City of Salina. (1) Solicitors shall be allowed to conduct solicitation activities only between the hours of 9:00 a.m. and 9:00 p.m. (2) No person shall engage in business as a solicitor in defi- ance of any notice exhibited by a residence or business indicating that solicitors are not welcome or not invited. (0 Surrender of license, return of bond. Upon the surrender by a licensee under this Chapter of his certificate of license to the City, the licensees bond or cash deposit shall be returned, provided there have been no violations by the licensee of any of the conditions for which the bond or cash deposit were made. If the licensee applies for renewal of his license, the bond or deposit shall be renewed or red tained for the term of such license. newly-acquire- only recommend denial (1) if he finds that the applicant does not qualify under subsection (c)above, (2) if, after inspection pursuant to subsection (e) above, there is reasonable cause to believe that the proposed location would be unsafe, (3) if he has reasonable cause to believe that adequate security measures either could not or would not be taken by the applicant in order to insure compliance with subsection (g) below, or (4) if, based on the proposed location and type of sound system to be used, the anticipated noise level would unreasonably interfere with the peaceful enjoyment of adjoining properties by the tenants or owners. In the event that the City Recorder denies a license pursuant to this subsection, the applicant may appeal the decision to the City Council by filing a notice of appeal with the City Recorder and paying a filing fee in an amount established by the City Council resolution within ten (10) days of the denial. Security at public (g) dances. A licensee shall have security personnel at each public dance in order to ensure that there is no violation of subsection (h) below during the conduct of the dance. The number of security guards required shall be determined by the City Council if the licensee or applicant is required by this Chapter to obtain a conditional use permit, and otherwise by the Chief of Police. Factors to be considered shall be the location of the proposed dance, the number of people expected at the dance, the type of premises where the dance will be held and the age group of the expected participants. It (h) Prohibited conduct. shall be unlawful for any person to engage or for a licensee to permit any person to engage in the following conduct during a public dance: (1) To bring, possess or consume beer or other alcoholic beverages of any kind in or upon the licensed premises without City Council approval and conditional use permit. PUBLIC DANCES. (a) Conditional use permit. It shall be unlawful to sponsor or hold a public dance without having a license. Before being issued a business license to hold public dances, each applicant shall first apply for and receive a conditional use permit from the City Council. Dances sponsored by organizations exempt under Section shall be exempt from both the licensing and the conditional use permit requirements. (b) Review of conditional use permit. Any conditional use permit granted for the purpose of holding public dances shall by the City Council for the purpose of determining if there have been any violations of this Chapter. bere-view- (c) License application; qualifications of applicant. The application for a dance license shall be upon a form furnished by the City. The application form shall require information relative to the location of the dance premises and the applicants age, citizenship, and felony or misdemeanor convictions, if any, involving moral turpitude. If the application is a partnership, association or corporation, the same information shall be obtained with respect to each partner, association member or corporate officer and director, although the application need only be signed by a single partner, member or officer. Each individual licensee must be over the age of twenty-on- e (21) years, of good moral character and a citizen of the United States. No license shall be granted to any applicant who has been convicted of a felony or misdeameanor involving moral turpitude. If the applicant is a partnership, association, or corporation, each partner, association member, or corporate officer or director shall meet all of the foregoing qualifications as if such applicant were an individual. All applications shall be referred to the Police Department for a background investigation to determine the qualification of the applicant under the provisions of this subsection. (d) Fee. Referto(5-l-3G- ). (e) Inspection of dance location. Before a license is issued, each location for a public dance shall be inspected by the City Fire Chief and Building Inspector for violations of the building and fire code. Any such violations shall be corrected prior to the issuance of a license. In the case of a dance to be held outdoors, however, the location need only be inspected by an officer of the Police Department to determine if it is a reasonably safe location for a dance taking into account traffic, lighting and other neighborhood considerations. (0 Denial of license. In cases of an application for single dance where no conditional use permit is required, the City Recorder many deny the license upon the recommendation of the Chief ofPolice. The Chief of Police may (2) To bring, possess, use or consume controlled substances, as the same are defined in the Utah Controlled Substances Act, in or upon the licensed premises. s, (3) To be intoxicated, or disorderly in or upon the licensed premises. bois-teriou- (4) To commit any indecent, gross; violent op vulgar act in or upon the licensed premises. (i) Illumination. All dance areas including any adjacent booth, blind, stall or seating area, shall be kept illuminated so that any occupants thereof may be clearly observed. Any adjacent booths, blinds, stalls or seating area shall be visible and open to full view from the entrance to the dance floor. (j) Hours; age of participants. The hours of operation and he age of participants allowed on the premises of a public dance shall be established by the City Council in conjunction with the granting of a conditional use permit where such permit is required. Where no conditional use per- mit is required, no dancing shall be permitted in or upon the licensed premises between the hours of 1:00 a.m. and 8:00 a.m. of any day except New Years Day, when the prohibition shall be between the hours of 2:00 a.m. and 8:00 a.m. The minimum age of participants shall be sixteen (16) years, unless accompanied by an adult or authorized by conditional use permit. TRANSIENT MERCHANTS. (a) Additional information. In addition to providing the information required in Section (5-1-- 3) of this Title, any applicant for a license to do business as a transient merchant shall provide the (1) Two (2) photographs not larger than two inches by three inches (2" x 3) of the applicant, taken within the last twelve (12) months, one of which shall be affixed to the certificate issued to the licensee and the other to be retained in the files and records of the City Recorder. (2) A completed fingerprint card signed by the applicant and the Chief ofPolice or his designee. If the applicant is a partnership, the above requirement shall be met with respect to each partner, and if a corporation, with respect to each officer, director and employee selling within Salina City. (b) Fees. The license fee which shall be charged for a transient merchant license shall be $50.00 per day, $75.00 per week, $100.00 per month or $150.00 per business quarter. The applicant (c) Bond. shall also execute a bond to the City with the corporate sdrety in the sum of three thousand dollars, 000.00) or deposit in cash Continued on next page |