A. Information And Documents Required: The Mapleton City registration officer shall provide a standard form for use for application for registration of solicitors to include the information set forth herein. (The form will be posted and is available on the city's website at www.mapleton.org.) 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:
1. The applicant's true, correct and legal name, including any former names or aliases used within the last ten (10) years;
2. The name of any organization(s) for which applicant will be soliciting;
3. The applicant's home and business address, and the address where the applicant can be contacted locally;
4. The names and addresses of applicant's directors, officers, and managers, if any;
5. Proof that either the applicant, or the organization(s) for which applicant will be soliciting, has registered with the Utah state department of commerce;
6. A special events sales tax number for either the applicant, or for the organization(s) for which the applicant will be soliciting;
7. The purpose for which soliciting will be done;
8. 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;
9. 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;
10. 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;
11. 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, 76-5a-3, 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;
12. Whether the applicant has been denied a certificate of registration under this chapter, 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;
13. Whether the applicant has had a certificate of registration under this chapter, 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;
14. Whether 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 chapter, as amended;
15. Whether the applicant has been convicted of a violation of this chapter, as amended, within one year preceding the date of application;
16. 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 license officer, and receipt of the background check by the registration officer shall be a condition precedent to issuance of a certificate of registration;
17. An acknowledgment that solicitation will not commence until the solicitor is in full compliance with this chapter.
B. Incorrect Or Incomplete Information: If any information contained in the application for registration becomes incorrect or incomplete after the certificate of registration has issued, 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.
C. 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.
D. Grounds For Denial: A certificate of registration shall not be issued in any of the following circumstances:
1. When the applicant has falsified information on the application;
2. 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;
3. 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;
4. 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;
5. 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, 76-5a-3, 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;
6. When the applicant has been denied a certificate of registration under this chapter, as amended, within the year preceding the date of application, unless the applicant has corrected the deficiency on which the previous application was based;
7. When the applicant has had a certificate of registration under this chapter, as amended, revoked within the year preceding the date of application, unless the applicant has corrected the reason for which the certificate was revoked;
8. 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 chapter, as amended;
9. When the applicant has failed to supply any of the documents or information listed in subsection A of this section, or has failed to pay any of the fees set by the city in accordance with this chapter;
10. When the applicant has been convicted of a violation of this chapter, as amended, within one year preceding the date of application.
E. Proof Of Identification Required: Initial proof of identification can be faxed to the city at 801-489-5666, or e-mailed to the city at www.mapleton.org, 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:
1. A valid driver's license issued by any state;
2. A valid United States uniformed service identification card;
3. A valid passport issued by the United States;
4. Any other official document issued by the United States or any state thereof which contains the name and photograph of the applicant.
F. Registration Complete Upon Completion Of Application: Registration shall be deemed complete when the license officer has received all of the information and documents listed in subsection A 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 D of this section applies. In the event that the license officer determines that one or more of the circumstances listed in subsection D of this section applies, the license officer shall notify the applicant in writing within five (5) business days following the applicant's completion of registration that the application has been denied and the reason(s) therefor.
G. Form Of Certificate And Badge:
1. Each certificate of registration issued by the registration 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 registration officer or his or her authorized designee.
2. 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 inch (11/2" x 1") (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.
3. All badges are and remain the property of the city.
4. 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.
5. The following statement shall appear on each certificate of registration:
THE CITY OF MAPLETON 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.
H. 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 chapter. An applicant desiring to obtain a certificate of registration upon expiration of any renewal period shall make a new application in accordance with the provisions of this chapter.
I. 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 chapter 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.
J. Certificate Registry: The registration 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 registration 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.
K. Revocation Of Certificate: Any certificate of registration issued pursuant to the provisions of this chapter shall be revoked by the registration officer if, following issuance of the certificate of registration, the registration officer determines that the registered solicitor was convicted of a violation of this chapter or committed an act or became subject to a condition that would disqualify him or her from receiving a certificate of registration under subsection D 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 D 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.
L. Appeal: An applicant whose registration is denied by the license officer or a registered solicitor whose certificate of registration is revoked by the license officer shall have the right to appeal such denial or revocation to the council (or its designee) at a meeting to be held no later than twenty (20) business days following the city's receipt of the applicant's notice of appeal. The notice of appeal shall be in writing and shall be delivered either in person upon written receipt or by certified U.S. mail to the Mapleton City recorder, 125 West 400 North, Mapleton, UT 84663, with a copy to the registration officer, 125 West 400 North, Mapleton, UT 84663, within ten (10) business 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 registration officer that is being appealed, and state the grounds for appeal. Within ten (10) business days of the meeting at which the applicant's or registered solicitor's appeal is heard, the city council (or its designee) shall issue a decision either affirming or reversing the actions of the registration officer in denying an applicant's registration or revoking the registered solicitor's certificate of registration. (Ord. 2008-10, 6-4-2008, eff. 7-1-2008)