For the purposes of this chapter, the following definitions shall apply:
ADVOCATING: Speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.
APPEALS BOARD: The City Council of the City.
APPELLANT: The person or entity appealing the denial or suspension of a license, either personally as an applicant or registered solicitor, or on behalf of the applicant or registered solicitor.
APPLICANT: A person who is at least eighteen (18) years of age who applies for a license.
APPLICATION: A standardized form provided by the City to an applicant to be completed and submitted as part of registration.
BUREAU OF CRIMINAL INVESTIGATION (BCI) BACKGROUND CHECK: An original dated no older than one hundred eighty (180) days prior to the date of the application of a Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to the applicant or equivalent report prepared by the corresponding public safety agency of the applicant's home State if the applicant is not a Utah resident.
BUSINESS: All activities engaged within the incorporated limits of the City, carried on for the purpose of gain or economic profit including nonprofit entities. Business includes, but is not limited to, the sale of intellectual or tangible personal property at retail or wholesale, the manufacturing of goods or property, and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation, or other calling. Business includes those registered with the State and/or those with a sales tax number. Business shall not mean the rendering of personal services by an employee to his or her employer under any contract of personal service.
CHARITABLE ACTIVITIES: Advocating by persons or entities that either are, or support, a charitable organization.
CHARITABLE ORGANIZATION: Any person that is:
A. A benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
B. For the benefit of a public safety, law enforcement, or firefighter fraternal association;
C. Tax exempt under applicable provisions of the Internal Revenue Code of 1986, as amended, and qualified to solicit and receive tax deductible contributions from the public for charitable purposes;
D. A chapter, branch, area, or office, or similar affiliate or any person soliciting contributions within the State for a charitable organization that has its principal place of business outside the City or State of Utah 1 ;
E. A student soliciting contributions to finance extracurricular social, athletic, artistic, scientific or cultural programs, provided that the solicitation has been approved in writing by the school administration, and that such student solicitors carry current picture student identification from the educational institution for which they are soliciting.
CHECK CASHING: An organization involved in the providing of loans or consideration to customers in exchange for personal property, such as property titles or personal checks. Such services shall include check cashing businesses licensed and/or defined by the State pursuant to the Check Cashing Registration Act, car title loan businesses, deferred deposit loan businesses, and businesses of a similar nature offering such services as a primary function. The term financial service shall not include fully automated stand alone services, such as automated teller machines, or those used defined as bank or financial institution.
CITY: The City of Cedar Hills, Utah.
COMMERCIAL BUSINESS: A business conducted in the SC-1 Commercial Zone or a residential zone allowing a commercial use as outlined and defined in this chapter.
COMMERCIAL VEHICLE: Any vehicle, trailer or construction equipment that is primarily used in a trade or business that bears any logo or other advertisement of a trade or business, or that is actually being used in a trade or business.
COMPETENT INDIVIDUAL: A person claiming or appearing to be at least eighteen (18) years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation, and conduct.
COMPLETED APPLICATION: A fully completed application, a BCI background check, a copy of the original identification relied on by the applicant to establish proof of identity, and the tendering of fees.
CRIMINALLY CONVICTED: The final entry of a conviction, whether by a plea of no contest, guilty, entry of a judicial or jury finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The criminal conviction is that offense of which the applicant was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and charges dismissed under a plea in abeyance or diversion agreement.
DISQUALIFYING STATUS: Anything specifically defined in this chapter as requiring the denial, suspension, or revocation of a license, and any of the following:
A. The applicant has been criminally convicted of: 1) felony homicide, 2) physically abusing, sexually abusing, or exploiting a minor, 3) the sale or distribution of controlled substances, or 4) sexual assault of any kind;
B. Criminal charges currently pending against the applicant for: 1) felony homicide, 2) physically abusing, sexually abusing, or exploiting a minor, 3) the sale or distribution of controlled substances, or 4) sexual assault of any kind;
C. The applicant has been criminally convicted of a felony within the last ten (10) years;
D. The applicant has been incarcerated in a Federal or State prison within the past five (5) years;
E. The applicant has been criminally convicted of a misdemeanor within the past five (5) years involving a crime of: 1) moral turpitude, or 2) violent or aggravated conduct involving persons or property;
F. A final civil judgment has been entered against the applicant within the last five (5) years indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation, or 2) that a debt of the applicant was nondischargeable in bankruptcy pursuant to 11 USC section 523(a)(2), (a)(4), (a)(6), or (a)(19);
G. The applicant is currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device;
H.The applicant has an outstanding arrest warrant from any jurisdiction; or
I. The applicant is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.
EMPLOYEE: The operator, owner, or manager of a place of business and any persons employed by such person in the operation of that place of business, in any capacity, and also any salesman, agent, or independent contractor engaged in the operation of that place of business, in any capacity.
ENTITY: A corporation, partnership, limited liability company, or other lawful entity, organization, society or association.
FEES: The cost charged to the applicant for the issuance of a license and/or identification badge, which shall not exceed the reasonable costs of processing the application and issuing the license and/or identification badge.
FINAL CIVIL JUDGMENT: A civil judgment that would be recognized under State law as a judgment to which collateral estoppel would apply.
GOODS: One (1) or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.
HOME BASED BUSINESS: A business conducted entirely out of the home, the public and/or employees may enter the home, goods may be produced, and there may be a material impact. A home based business is required to have a business license.
HOME BASED OFFICE: A business conducted entirely out of the home, where the public and/or employees do not enter the home, where there is nothing produced, and where there is not a material impact.
HOME OCCUPATION: A business conducted out of a residential dwelling as outlined and defined in this chapter.
LICENSE: A document issued by the City evidencing permission of its named holder to carry on a particular business pursuant to the terms of this chapter.
LICENSEE: The person to whom a license has been issued pursuant to the provisions of this chapter.
LICENSING OFFICIAL: The City Manager or designee responsible for receiving the completed application for registration.
MATERIAL OFFSITE IMPACT: An impact that a residential home based business has that exceeds the impact of a residential home alone. The impact may be based on traffic, noise, lighting, odor, or utility services. Businesses that are determined to have a material offsite impact shall be required to pay all business licensing fees.
MORAL TURPITUDE: Of or relating to moral action and conduct; professionally right; conforming to professional standards.
NO SOLICITATION SIGN: A reasonably visible and legible sign that states "No Soliciting", "No Solicitors", "No Salespersons", "No Trespassing", or words of similar import.
OCCASIONALLY: A business is operated occasionally when the operation of the business occurs less than four (4) times per year or on a seasonal basis and by an individual who is under the age of eighteen (18).
PEDDLERS: Any person who conducts the business of selling products from a moving vehicle or from a vehicle that continuously moves from one (1) location to another.
PERSON: Any individual, firm, corporation, company, general or limited partnership, joint venture, business trust, receiver, club, assignee for the benefit of creditors, trustee in bankruptcy, trust, estate, foundation, association, or any other form of organization, society, or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
POLITICAL POSITION: Any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.
PREMISES OCCUPATION: A business conducted out of a customary residential accessory structure.
REGISTERED PERSON: Any person whose application has been approved by the City.
REGISTRATION: The process used by the Licensing Official to accept a completed application and determine whether or not a license will be issued, denied, suspended, or revoked.
RELIGIOUS BELIEF: Any sincerely held belief, or information for, against, or in conjunction with, any theistic, agnostic, or atheistic assumption, presumption or position, or religious doctrine, dogma, or practice regardless of whether or not the belief or information is endorsed by any other person or public or private entity.
RESIDENCE: Any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning regulations of the City, together with the lot or other real property on which the living unit is located. This does not include the sidewalk, public street or public rights-of-way.
RESPONSIBLE PERSON/ENTITY: That person or entity responsible to provide the following to an applicant and the competent individual to whom a sale of goods or services is made or attempted to be made:
A. Maintaining a State sales tax number, a special events sales tax number, computing the sales taxes owing from any sale of goods or services, paying the sales taxes, and filing any required returns or reports;
B. Facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and
C. Refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.
SALE OF GOODS OR SERVICES: The conduct and agreement of a business and the competent individual regarding a particular good(s) or service(s) that entitles the consumer to rescind the same within three (3) days under any applicable Federal, State, or local law.
SERVICES: Those intangible goods or personal benefits offered, provided, or sold.
SOLICITING OR SOLICIT OR SOLICITATION OR DOOR TO DOOR SOLICITATION: The practice of going upon the premises of any residence or commercial property in the City, not having been invited by the occupant thereof, for the purpose of engaging in or attempting to engage in conversation with any person at a residence, whether or not that person is a competent individual, while making or seeking to make any of the following activities:
A. Obtain sales or orders for the exchange of goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought;
B. Obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications;
C. Obtain contributions of money or any other thing of value for the benefit of any person or entity;
D. Obtain orders or prospective customers for goods or services;
E. Engage an individual in conversation at a residence for the purpose of promoting or facilitating the receipt of information regarding religious belief, political position, charitable conduct, or a home solicitation sale.
SOLICITOR(S): A person engaged in solicitation.
SUBMITTED IN WRITING: The information for an appeal of a denial, suspension, or revocation of a license, submitted in any type of written statement to the City offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.
SUBSTANTIATED REPORT: A written or electronic report:
A. That is submitted to and documented by the City;
B. By any of the following:
1. A competent individual who is willing to provide law enforcement or other City employees with publicly available identification of their name, address, and any other reliable means of contact;
2. City law enforcement or Licensing Official; or
3. Any other regularly established law enforcement agency at any level of government;
C. That provides any of the following information regarding a business:
1. Documented verification of a previously undisclosed disqualifying status of a business;
2. Probable cause that the business has committed a disqualifying status that has not yet been determined to be a disqualifying status;
3. Documented, eyewitness accounts that the business has engaged in repeated patterns of behavior that demonstrates failure by the business to adhere to the requirements of this chapter; or
4. Probable cause that the business creates exigent circumstances that threaten the health, safety, or welfare of any individuals or entities within the City.
TEMPORARY BUSINESS: A licensed vendor under this chapter.
TEMPORARY USE BUSINESS: A business defined as a commercial business conducted as outlined and defined in this chapter.
VENDOR: A business that is temporarily located on a site that has been approved by the City for a specific period of time.
WAIVER: The written form provided to the applicant by the City wherein the applicant agrees that the City may obtain a name/date of birth BCI background check on the applicant for registration under this chapter. (Ord. 05-02-2017A, 5-2-2017; amd. Ord. 05-02-2023A, 5-2-2023)
Notes
| 1 | 1. UCA § 13-22-2(1)(a), (b). |