CHAPTER 13
PEDDLERS, SOLICITORS AND VENDORS

ARTICLE A. DOOR TO DOOR SOLICITORS AND PEDDLERS

SECTION:

5-13A-1: Definitions

5-13A-2: License Required; Exemptions

5-13A-3: Application For License

5-13A-4: Fees

5-13A-5: Registration; Identification Cards; License Issuance

5-13A-6: Expiration And Renewal

5-13A-7: Denial, Suspension, Or Revocation

5-13A-8: Written Disclosures

5-13A-9: Regulation Of Licensed And Unlicensed Peddlers And Solicitors

5-13A-10: Buyer's Right To Cancel

5-13A-11: Penalties

5-13A-1: DEFINITIONS:

The following words, terms, and phrases, and their derivations, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

CHARITABLE: Means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.

CONTRIBUTION: Means and includes the words alms, money, subscription, property or any donations under the guise of a loan or money or property.

FIXED PLACE OF BUSINESS: A place of business continuously maintained in the city for at least ninety (90) days immediately preceding any act of solicitation or peddling.

PEDDLER: Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme to evade the provisions of this article.

PEDDLING: Includes all activities ordinarily performed by a peddler as indicated under the definition of "peddler", as defined herein.

PRIVATE RESIDENCE: Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

SOLICITATION: Includes all activities ordinarily performed by a solicitor as indicated under the definition of "solicitor", as defined herein.

SOLICITOR: Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon the premises of any private residence in the city, to request contribution of funds or anything of value, or to sell goods or services to obtain funds for political, charitable, religious, or other noncommercial purposes. This definition shall not include solicitations made by any persons licensed and regulated under state law governing the insurance business, the real estate business, the securities and investment business, or any other person exempt under state or federal law.

(Ord. 2007-30, 6-5-2007)

5-13A-2: LICENSE REQUIRED; EXEMPTIONS:

   A.   It shall be unlawful for any person to engage in peddling or solicitation within the city without first obtaining a license issued by the business license coordinator; provided, however, that the following are exempted from the licensing provisions of this section, although still subject to the applicable regulatory provisions of this article:

      1.   Persons soliciting or requesting contribution of funds or anything of value, in exchange for goods or services for political, charitable, educational, religious, or other noncommercial purposes; and

      2.   Persons who represent a fixed place of business in the city who regularly make deliveries, normally not involving personal contact with customers for the purpose of making sales or obtaining orders, over an established route and who only occasionally make calls on persons residing within the area covered by such route for the purpose of obtaining additional customers for such regular deliveries. The foregoing provision is intended to cover only such persons as milkmen, newspaper delivery persons and other persons engaged in substantially similar activities.

   B.   It is the option of any organization or entity employing one or more solicitor or peddler to obtain a license in the name of such organization or entity. In such event, the employer shall pay the fee for the employer, plus the individual, employee fee for each licensed employee as established under chapter 1, article B of this title. A completed application form shall be submitted for each covered employee actually engaged in solicitation or peddling.

   C.   Any individual who engages in peddling or solicitation as an element of a home occupation or other business, and maintains a fixed place of business within the city, may obtain a license under the provisions of this article in combination with the license for such fixed place of business. The fee shall be as established in chapter 1, article B of this title.

(Ord. 2007-30, 6-5-2007)

5-13A-3: APPLICATION FOR LICENSE:

Every person required to have a license under the provisions of this article shall file with the business license coordinator an application in writing, on or attached to a form to be furnished by the coordinator, which shall provide the following information:

   A.   Address: Proof of residence address and business address, and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation, or other legally recognized form of identification;

   B.   Description Of Activity: A brief description of the business or activity to be conducted;

   C.   Employer, Agent Information: If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented;

   D.   State Registration: Proof that either the applicant, or the organization(s) for which the applicant will be soliciting, has registered with the Utah state department of commerce;

   E.   Sales Tax Number: A special events sales tax number for either the applicant, or for the organization(s) for which the applicant will be soliciting;

   F.   Civil Judgments: Whether the applicant is a person against whom a civil judgment based upon fraud, deceit, misrepresentation, false statements, or dishonesty has been entered within five (5) years of the date of application;

   G.   Injunctions And Orders: 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;

   H.   Criminal Convictions: Whether the applicant has been convicted of any felony, or a misdemeanor involving fraud, deceit, misrepresentation, false statements, dishonesty, sex offenses of any kind, or violent or aggravated conduct involving persons or property, within five (5) years of the date of application, or whether the applicant currently has charges pending for any such crimes;

   I.   Parole Or Probation: Whether 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;

   J.   Previous License Denial: Whether the applicant has been denied a license under the provisions of this article within the year preceding the date of application, and whether the applicant has corrected the deficiency on which the denial of the previous application was based;

   K.   Previous License Revocation Or Suspension: Whether the applicant has had a license under the provisions of this article revoked or suspended within the year preceding the date of application, and whether the applicant has corrected the reason for which the license was revoked or suspended;

   L.   Violations Of This Article: Whether the applicant has been convicted of a violation of the provisions of this article within one year preceding the date of application;

   M.   BCI Check: An original or copy 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 BCI background check and its findings to the business license coordinator, and receipt of the background check by the business license coordinator and the police department shall be a condition precedent to issuance of a license and issuance of an identification card or badge under the provisions of this article; and

   N.   Acknowledgment: An acknowledgment that solicitation will not commence until the applicant is in full compliance with this article.

(Ord. 2007-30, 6-5-2007)