A. Purpose: The purpose of this section is to protect Farmington City residents from unreasonable intrusions upon residential privacy, consumer fraud and deceptive, high pressure, factually unbalanced, or otherwise unfair consumer sales practices, in a manner consistent with the constitutional rights of residential- commercial solicitors to communicate their messages to willing residential listeners.
B. Definitions: For the purposes of this section, the following definitions shall apply:
APPLICANT: A person or organization that applies for a certificate of registration.
APPLICATION: The form provided by the city to apply for a certificate of registration or the process of applying for a certificate of registration.
CERTIFICATION OF REGISTRATION: The written authorization to engage in commercial solicitation from the community development department of Farmington City.
HOME SOLICITATION SALE: A sale of goods or services in which the seller or a person acting for him initiates contact and engages in a face to face solicitation of the sale at a residence of the resident and the resident's agreement or offer to purchase is there given to the solicitor or a person acting for him. Home solicitation sale shall not include a sale made between parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or a sale made within a residence to a third person invited therein by the resident where such sale was not initiated by unsolicited contact by a nonresident of the residence.
REGISTERED SOLICITOR: Any person registered pursuant to this section who has obtained a valid certificate of registration (or "certificate") from the community development department of Farmington City.
RESIDENCE AND RESIDENTIAL: Refers to any: 1) living unit contained within any building or structure that is occupied by any person as a dwelling in conformity with the zoning laws of Farmington City, together with the lot or other real property on which such residence is located; 2) any apartment, hospital room, nursing home room, assisted living home room, group home, or other similar location; and 3) any building or structure that houses the residence together with the lot or other real property on which such building or structure is located.
RESIDENT: Any person living in a residence.
SOLICIT, SOLICITED, SOLICITING OR SOLICITATION: Any of the following activities engaged in with a resident at his or her place of residence:
1. Seeking to obtain orders for the sale or exchange of services, goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought;
2. Seeking to obtain prospective customers to apply for or to purchase insurance, financial services, subscriptions to publications, or publications;
3. Seeking to obtain contributions of money, services or anything of value for the benefit of any person, association, organization, corporation or program;
4. Seeking to obtain orders or prospective customers for goods or services; and
5. Seeking to obtain appointments or other opportunities to engage in any of the activities listed in subsections 1 through 5 of this definition.
SOLICITOR: A person engaged in soliciting residents at their residences.
C. Unregistered Solicitation Prohibited:
1. All persons desiring to engage in soliciting within Farmington City who are not exempt under subsection D of this section shall, prior to the commencement of solicitation, obtain from the licensing officer a certificate of registration as solicitor. The executed original of this certificate of registration shall be maintained by the licensing officer, and a legible copy shall be worn by the registered solicitor at all times while soliciting in the city and shall be produced for inspection upon the request of any resident being solicited or any Farmington City police officer.
2. Unless a registered solicitor is wearing a certificate of registration or is exempt from registration under the provisions of this section, a person who is present in or at a residence within Farmington City for the purpose of engaging in solicitation is hereby declared to be committing a nuisance that is punishable as set forth in this section.
D. Exemptions From Registration: The following activities are exempt from the registration requirements of subsection E of this section:
1. Invited Solicitation: Solicitation which occurs as the result of a resident's prior and express invitation to the solicitor to come onto such resident's property. An invited solicitation shall not include the circumstance where the resident invites back a solicitor who initiated the contact with the resident at the residence. A resident's failure to post a "No Soliciting" notice in accordance with subsection G of this section shall not be construed as an exemption from registration under this section, as an invitation to solicitation by such resident, or as an expression of such resident's desire to hear or receive solicitations.
2. Noncommercial Solicitation: Solicitation which occurs as an incident to political, religious or other noncommercial door to door canvassing, pamphleteering or other dissemination of ideas.
3. State Regulated Charitable Solicitation: Solicitation on behalf of: a) a charitable organization as defined by Utah Code Annotated section 13-22-2(1); or b) an organization listed in Utah Code Annotated section 13-22-8(1); provided, that: 1) with respect to solicitation on behalf of a charitable organization as defined by section 13-22-8(1), the solicitor claiming this exemption or the charitable organization has provided written verification of the organization's charitable status to the licensing officer prior to the commencement of solicitation within the city; 2) with respect to solicitation on behalf of an organization or entity described in Utah Code Annotated section 13-22-8(1)(g), the principal or other person authorized by the school or the applicable school district shall provide written notice to the city that the school or school district has approved the solicitation prior to the commencement of solicitation within the city; and 3) any solicitor relying on this exemption shall carry with him while soliciting photo identification showing the nature of his affiliation with the charitable or other organization exempt from registration under this subsection on whose behalf he is soliciting.
4. Minor Solicitation: Solicitation involving the sale, exchange or contribution of money, services, goods or other consideration valued at less than fifty dollars ($50.00).
Any solicitor claiming an exemption under this section shall bear the burden of proving his or her eligibility for, or the applicability of, the exemption claimed.
E. Application For Certificate Of Registration, Review, Issuance, Denial:
1. Information And Documents Required: The licensing officer shall provide a standard form for use for application for registration of solicitors to include the information set forth herein. The applicant shall state upon oath or affirmation that the information is truthfully provided to the best of the knowledge and belief of the applicant. The applicant shall supply the following information upon or with the application for registration:
a. The applicant's true, correct and legal name, including any former names or aliases used within the last ten (10) years;
b. The name of any organization(s) for which the applicant will be soliciting;
c. The applicant's home and business address, and the address where the applicant can be contacted locally;
d. The names and addresses of applicant's directors, officers and managers, if any;
e. Proof that either the applicant, or the organization(s) for which applicant will be soliciting, has registered with the Utah state department of commerce;
f. A special events sales tax number for either the applicant, or for the organization(s) for which the applicant will be soliciting, if applicable;
g. The purpose for which soliciting will be done;
h. Whether the applicant is a person against whom a judgment based upon fraud, deceit, misrepresentation, false statements or dishonesty has been entered within five (5) years of the date of application;
i. Whether the applicant has, within five (5) years of the date of application, been enjoined by any court, or is the subject of an administrative order issued in this or another state, if the injunction or order includes a finding or admission of fraud, material misrepresentation, or if the injunction or order was based on a finding of lack of integrity or truthfulness;
j. Whether the applicant has been convicted of any felony, or a misdemeanor involving fraud, deceit, misrepresentation, false statements or dishonesty, within five (5) years of the date of application;
k. Whether the applicant has been criminally convicted of violating any of Utah Code Annotated section 76-5-401, 76-5-401.1, 76-5-401.2, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, 76-5-405, 76-5-412, 76-5-413, 76-9-702, 76-9-702.5 or 76-9-702.7, or the corresponding laws of another state; or is otherwise subject to registration as a sex offender under Utah law or the corresponding law of another state;
l. Whether the applicant has been denied a certificate of registration under this section, as amended, within the year preceding the date of application, and whether the applicant has corrected the deficiency on which the previous application was based;
m. Whether the applicant has had a certificate of registration under this section, as amended, revoked within the year preceding the date of application, and whether the applicant has corrected the reason for which the certificate of registration was revoked;
n. Whether the applicant's certificate of registration has been revoked within the year preceding the date of application for violation of the nontransferability provision of this section, as amended;
o. Whether the applicant has been convicted of a violation of this section, as amended, within one year preceding the date of application;
p. The findings of a background check on the applicant conducted by the Utah bureau of criminal investigations ("BCI") within the last one hundred eighty (180) days. The applicant may apply for this service at the BCI offices at 3888 West 5400 South, Salt Lake City, or at such other location as the BCI shall provide from time to time. The application shall not be deemed complete until the applicant has delivered the findings of the BCI background check to the licensing officer, and receipt of the background check by the licensing officer shall be a condition precedent to issuance of a certificate of registration;
q. An acknowledgment that solicitation will not commence until the solicitor is in full compliance with this section.
2. Incorrect Or Incomplete Information: If any information contained in the application for registration becomes incorrect or incomplete, the applicant or registered solicitor shall, within thirty (30) days after the information becomes incorrect or incomplete, correct the application or file the complete information required herein.
3. Fees: The applicant shall pay application and processing fees as set by the city from time to time; provided, however, that the total of any such fees shall not exceed reasonable administrative costs incurred by the city to process an application and maintain the related records.
4. Grounds For Denial: A certificate of registration shall not be issued in any of the following circumstances:
a. When the applicant has falsified information on the application;
b. When the applicant is a person against whom a judgment based upon fraud, deceit, misrepresentation, false statements or dishonesty has been entered within five (5) years of the date of application;
c. When the applicant has, within the past five (5) years, been enjoined by any court, or is the subject of an administrative order issued in this or another state, if the injunction or order includes a finding or admission of fraud, material misrepresentation, or if the injunction or order was based on a finding of lack of integrity or truthfulness;
d. When the applicant has been convicted of any felony, or a misdemeanor involving fraud, deceit, misrepresentation, false statements or dishonesty, within five (5) years of the date of application;
e. When the applicant has been criminally convicted of violating any of Utah Code Annotated section 76-5-401, 76-5-401.1, 76-5-401.2, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, 76-5-405, 76-5-412, 76-5-413, 76-9-702, 76-9-702.5 or 76-9-702.7, or the corresponding laws of another state; or is otherwise subject to registration as a sex offender under Utah law or the corresponding law of another state;
f. When the applicant has been denied a certificate of registration under this section, as amended, within the year preceding the date of application, unless the applicant has corrected the deficiency on which the previous application was based;
g. When the applicant has had a certificate of registration under this section, as amended, revoked within the year preceding the date of application, unless the applicant has corrected the reason for which the certificate was revoked;
h. When an applicant's certificate of registration has been revoked within the year preceding the date of application for violation of the nontransferability provision of this section, as amended;
i. When the applicant has failed to supply any of the documents or information listed in subsection E1 of this section, or has failed to pay any of the fees set by the city in accordance with this section;
j. When the applicant has been convicted of a violation of this section, as amended, within one year preceding the date of application.
5. Proof Of Identification Required: Initial proof of identification can be faxed to the city or e-mailed to the city along with the completed application form; provided, that in person identification is verified with one of the following prior to or at the time of the issuance of the certificate of registration. No certificate of registration shall be issued to any applicant until the applicant submits one of the following to establish proof of identification:
a. A valid driver's license issued by any state;
b. A valid United States uniformed service identification card;
c. A valid passport issued by the United States;
d. Any other official document issued by the United States or any state thereof which contains the name and photograph of the applicant.
6. Registration Complete Upon Completion Of Application: Registration shall be deemed complete when the licensing officer has received all of the information and documents listed in subsection E1 of this section and the applicant has paid the applicable fee. The certificate of registration shall be issued within five (5) business days following the applicant's completion of registration, unless one of the circumstances listed in subsection E4 of this section applies.
7. Form Of Certificate And Badge:
a. Each certificate of registration issued by the licensing officer shall be numbered, shall list the name of the individual solicitor and of any organization on whose behalf the registered solicitor is authorized to solicit, the date on which the certificate of registration expires, and shall be dated and signed by the licensing officer or his or her authorized designee.
b. Each registered solicitor shall wear a badge prominently on his or her person, consisting of a copy of the certificate of registration issued by the city, a one and one-half inch by one and one-half inch (11/2" x 11/2") (approximate) photograph of the solicitor that was taken within one year preceding the issuance of the certificate of registration to be supplied by the solicitor, and the name and address of any entity with which the solicitor is associated. Such badge shall be worn at all times while the solicitor is engaged in soliciting.
c. All badges are and remain the property of the city.
d. By issuing a certificate of registration, the city does not guarantee the accuracy of any representation contained in the application for registration or the certificate of registration, nor does it warrant that any statement made by the registered solicitor is truthful. The city makes no certification as to the worthiness of any organization, its products or services, on whose behalf a solicitation is made nor as to the moral character of the registered solicitor.
e. The following statement shall appear on each certificate of registration:
FARMINGTON CITY MAKES NO CERTIFICATION AS TO THE WORTHINESS OF ANY ORGANIZATION, ITS PRODUCTS OR SERVICES, ON WHOSE BEHALF A SOLICITATION IS MADE NOR AS TO THE MORAL CHARACTER OF THE REGISTERED SOLICITOR.
8. Renewal: A certificate of registration shall be valid for a period of one year from the date of issuance. Any registered solicitor in good standing may have his or her certificate of registration renewed for an additional period of not to exceed one year upon request within thirty (30) days prior to the expiration of the certificate of registration and payment of a renewal fee as set by the city from time to time; provided, however, that the total of any such fee shall not exceed reasonable administrative costs incurred by the city to process the certificate of registration renewal and maintain the related records. A registered solicitor is not in good standing if he satisfies one or more grounds for denial or revocation within the meaning of this section. An applicant desiring to obtain a certificate of registration subsequent to the expiration of any renewal period shall make a new application in accordance with the provisions of this section.
9. Nontransferability: Certificates of registration shall be issued only in the name of the applicant and the firm, corporation or association on whose behalf the applicant is authorized to solicit. The certificate of registration is nontransferable in all respects. It shall constitute a violation of this section for a solicitor whose certificate of registration authorizes soliciting on behalf of a person or firm named in a certificate of registration to solicit on behalf of any other person or firm, organization or association, or for any purpose other than that specified in the application. Any certificate of registration used by a person other than the person to whom it was originally issued is void, and the city is authorized to confiscate and immediately cancel any such certificate of registration.
10. Certificate Registry: The licensing officer shall maintain and make available for public inspection a record of every application received, together with any information pertaining thereto, all certificates of registration issued, and all pending and denied applications, with the exception of any portion of the application received and any information pertaining thereto that qualifies as private or protected within the meaning of the government records access and management act, Utah Code Annotated section 63G-2-101 et seq. Each application shall be numbered in consecutive order and each certificate of registration issued shall be assigned a number exclusive to the registered solicitor. Each certificate of registration renewed shall be identified with the duplicate number of the application upon which it was initially issued. The licensing officer shall furnish to the chief of police or the director of public safety a listing of all certificates of registration issued and renewed and such chief or director shall maintain such listing for public inspection and for identification.
11. Revocation Of Certificate: Any certificate of registration issued pursuant to the provisions of this section shall be revoked by the licensing officer if, following issuance of the certificate of registration, the licensing officer determines that the registered solicitor was convicted of a violation of this section or committed an act or became subject to a condition that would disqualify him or her from receiving a certificate of registration under subsection E4 of this section. Notice of revocation shall be immediately given to the registered solicitor by personal service or certified mail to the address listed on the application and, if applicable, to the organization for which the registered solicitor was soliciting. The notice shall set forth the factual basis for the revocation and, if applicable, the specific provision(s) of subsection E4 of this section that identifies and defines the disqualifying conduct. Immediately upon the giving of such notice, the certificate of registration shall become void and shall remain so until the revocation is rescinded. Upon receiving notice of revocation of any certificate of registration, the registered solicitor shall forthwith return the related badge to the city.
12. Appeal: An applicant whose registration is denied by the licensing officer or a registered solicitor whose certificate of registration is revoked by the licensing officer shall have the right to appeal such denial by filing a written notice of appeal with city recorder, with a copy to the licensing officer, within ten (10) calendar days of the applicant's or registered solicitor's receipt of the decision from which the appeal is taken. Such notice of appeal shall identify the applicant or registered solicitor, set forth the decision of the licensing officer that is being appealed, and state the grounds for appeal. The appeal shall be conducted in accordance with chapter 3-7 of this code.
F. Deceptive Soliciting Practices Prohibited:
1. False Statement: No solicitor shall make any materially false or fraudulent statement in the course of soliciting. No solicitor shall fail to state a material fact necessary to make statements made, in the context of the circumstances under which they are made, not misleading.
2. Disclosure: A solicitor shall immediately disclose to the resident at the beginning of any face to face solicitation, either verbally or by means of a writing to be handed to the resident: a) the name of the solicitor; b) the name and address of the entity with whom the solicitor is associated or for which the solicitor is engaging in solicitation; and c) the purpose of the solicitor's contact with the resident.
3. Fictitious Name: No solicitor shall use a fictitious name, an alias, or any name other than his or her legal name.
4. Endorsement By City: No solicitor shall represent directly or by implication that the city endorses the solicitation, or that the granting of a certificate of registration implies endorsement by the city of the solicitor or his or her product or service.
G. "No Soliciting" Notices:
1. Permitted: Any resident may give notice of his or her unwillingness to listen to solicitations or receive solicitors by displaying at his or her residence a placard or sign no smaller than sixteen (16) square inches stating "No Soliciting", "No Solicitors", "No Trespassing" or words of similar import. Such placard or sign shall be posted on or near the main entrance door or on or near the property line adjacent to the sidewalk leading to the residence.
2. Display Is Notice To Solicitors: The display of a "No Soliciting" or similar sign or placard shall constitute notice to any solicitor that the resident is unwilling to listen to solicitations.
H. Certain Solicitations Prohibited:
1. Attempt To Solicit If Signposted: It shall be a violation of this section for any solicitor to attempt to solicit at a residence at or on which has been posted a "No Soliciting" sign or placard in accordance with subsection G of this section. All solicitors are under the legal obligation to affirmatively check each residence for any such sign or placard. If such sign or placard is posted, a solicitor shall desist from any efforts to solicit at the residence and shall immediately depart therefrom.
2. Attracting Attention When Signposted: It is a violation of this section for any solicitor to knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a "No Soliciting" or similar sign or placard. It is a violation of this section for any solicitor through ruse, deception or concealment of a purpose to solicit, to take action calculated to secure an audience with the occupant of a residence that has posted a "No Soliciting" or similar sign or placard.
3. Failure To Depart: It is a violation of this section for any solicitor who is at any time asked by the resident to leave, to fail to immediately and peacefully depart.
I. Time Of Day: It shall be unlawful for any person, whether a registered solicitor or not, to solicit any person at a residence before eight o'clock (8:00) A.M. or after nine o'clock (9:00) P.M. Mountain time on business days, or before nine o'clock (9:00) A.M. or after nine o'clock (9:00) P.M. Mountain time, on Saturdays, Sundays or legal holidays, unless the solicitor has express prior permission from the resident to do so.
J. Right To Residential Solicitation Sale: In any residential solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the solicitor shall present to the resident and obtain resident's signature to a written statement which informs the resident of his or her unconditional right to cancel the sale on or before the third business day after the date of sale. Any documents memorializing the sale shall accurately set forth the date of the sale. Such notice of "buyer's right to cancel" shall be in the form required by Utah Code Annotated section 70C-5-103, or a current or amended version thereof, or any state or federal law modifying or amending such provision.
K. Penalties: Any person who engages in soliciting without complying with the requirements of this section or violates any other terms or provisions of this section shall be guilty of a class B misdemeanor and shall be punished by a fine of not to exceed one thousand dollars ($1,000.00) and/or a jail sentence of not to exceed six (6) months. A second offense within five (5) years of a prior conviction under this section may be prosecuted and punished as a class B misdemeanor.
L. Private Right Of Action: A resident who has suffered injury or damage as the result of violation of this section shall have the right to bring a civil action for damages against the violator in the appropriate court within the state of Utah.(Ord. 2014-38, 12-2-2014; amd. 2016 Code; Ord. 2023-65, 11-14-2023)