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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)
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)
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)
At the time the application is filed with the division, the applicant shall pay a fee to cover the cost to the city of processing the application and registration. The license fee shall be the fee established in chapter 1, article B of this title. The fee shall not exceed reasonable administrative costs incurred by the city to process an application and maintain the related records.
(Ord. 2007-30, 6-5-2007)
A. Referral To Police Department: Upon receipt of an application, the business license coordinator, or authorized representative, shall refer the application to the police department for registration and issuance of an identification card or badge.
B. Photographs: At the time of registering, each individual applicant who is not an organization or other entity shall furnish the police department with two (2) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing the license application. The photographs shall be of a size determined by the business license coordinator which will attach to the identification card and show the head and shoulders of the applicant in a clear and distinguishing manner. If photographs are not provided or if the provided photographs are inadequate, the police department will provide the photographs for the fee established in chapter 1, article B of this title. One of the photographs shall be attached to the identification card issued to the applicant, and the other shall be retained in the city files and records. At the time of registering, the applicant shall sign his name to the registration record.
C. Conditions For Issuance: The business license coordinator, upon payment of the prescribed fee, shall immediately approve the license if:
1. The coordinator finds the application to be in compliance with the provisions of this article;
2. The completed application contains nothing on its face that would constitute grounds for denial under the provisions of this article; and
3. The applicant has registered with the police department and an identification card or badge has been prepared by the police department.
D. No City Guarantee Or Certification: By approving a license and issuing an identification card or badge, the city does not guarantee the accuracy of any representation contained in the application, the license, or the registration card or badge, nor does it warrant that any statement made by the solicitor is truthful. The city makes no certification as to the worthiness of any organization, or its products or services, on whose behalf a solicitation is made nor as to the moral character of the solicitor.
E. City Disclaimer: The following statement shall appear on the license, and on the registration card or badge:
THE CITY MAKES NO CERTIFICATION AS TO THE WORTHINESS OF ANY ORGANIZATION, OR ITS PRODUCTS OR SERVICES, ON WHOSE BEHALF A SOLICITATION IS MADE NOR AS TO THE MORAL CHARACTER OF THE SOLICITOR.
(Ord. 2007-30, 6-5-2007)
A. All licenses and identification cards or badges issued under the provisions of this article shall expire one year from the date of issuance, unless an earlier expiration date is noted on the license.
B. Any currently licensed solicitor in good standing may have his or her license and registration card or badge renewed for an additional period not to exceed one year, upon request within thirty (30) days prior to the expiration of the license and payment of a fee as established in chapter 1, article B of this title; provided, however, that the total of any such fee shall not exceed reasonable administrative costs incurred by the city to process the license and registration renewal and maintain the related records. A solicitor is not in good standing if he or she satisfies one or more grounds for denial, suspension or revocation within the meaning of this article. An applicant desiring to obtain a license and registration card or badge upon expiration of any renewal period shall make a new application in accordance with the provisions of this article.
(Ord. 2007-30, 6-5-2007)
Pursuant to the provisions of chapter 1, article C of this title and subject to appeal as specified therein, any application for a license under this article may be denied without a hearing, and any license previously issued under this article may be revoked or suspended after notice and hearing, for any of the following reasons:
A. Fraud, Misrepresentation Or False Statement: Fraud, misrepresentation or false statement contained in the application for a license;
B. Activities Contrary To This Article: Conducting peddling or solicitation activities contrary to the provisions of this article;
C. Civil Judgments: 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;
D. Injunctions And Orders: 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;
E. Criminal Convictions: 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 when the applicant currently has charges pending for any such crimes;
F. Parole Or Probation: 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;
G. Previous License Denial: The applicant has been denied a license under the provisions of this article within the year preceding the date of application, and the applicant has not corrected the deficiency on which the denial of the previous application was based;
H. Previous License Revocation Or Suspension: The applicant has had a license under the provisions of this article revoked or suspended within the year preceding the date of application, and the applicant has not corrected the reason for which the license was revoked or suspended; or
I. Violations Of This Article: The applicant has been convicted of a violation of the provisions of this article within one year preceding the date of application.
(Ord. 2007-30, 6-5-2007)
The application form shall be accompanied by written disclosures notifying the applicant of the following:
A. Authority To Verify: The applicant's submission of the application authorizes the city to verify information submitted with the completed application including:
1. The applicant's address;
2. The applicant's state tax identification and special use tax numbers, if any; and
3. The validity of the applicant's proof of identity;
B. Sources Of Information: The city may consult any available sources for information on the applicant, including, but not limited to, databases for any outstanding warrants, protective orders, or civil judgments;
C. Proof Of Identity: Establishing proof of identity is required before licensing and registration is allowed;
D. Fee Amount: Identification of the fee amount that must be submitted by the applicant with a completed application;
E. BCI Check: The applicant must submit a BCI background check with a completed application;
F. BCI Check Confidential: To the extent permitted by state and/or federal law, the applicant's BCI background check shall remain a confidential, protected, private record not available for public inspection;
G. Records: The city will maintain copies of the applicant's application form, proof of identity, and registration identification card or badge. These copies will become public records available for inspection on demand at the city offices whether or not a license is denied, granted, or renewed; and
H. Denial, Suspension Or Revocation: The criteria for denial, suspension or revocation of a license under the provisions of this article.
(Ord. 2007-30, 6-5-2007)
A. License Exhibition: Every person required to obtain a license under the provisions of this article shall exhibit the identification card or badge when requested to do so by any prospective customer or city employee.
B. Transfer Prohibited: It shall be unlawful for any person other than the licensee to use or wear any identification card or badge issued under the provisions of this article.
C. Entry Upon Signed Premises Unlawful: It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor, to enter upon the premises of any private residence in the city where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers", "No Solicitors", or words of similar import.
D. Hours Of Solicitation: No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their private residences between the hours of nine o'clock (9:00) P.M. and nine o'clock (9:00) A.M.
E. Noise Restriction: It is unlawful for any peddler or solicitor to use any sound producing device or to cry his wares for sale, except in accordance with section 11-5-6 of this code.
F. Ruse, Deception, Or Fraudulent Concealment: It is unlawful for any solicitor through ruse, deception, or fraudulent concealment of a purpose to solicit, to take action calculated to secure an audience with an occupant at a private residence.
G. Immediate Departure: Any solicitor who is at any time asked by an occupant of a private residence or dwelling to leave shall immediately and peacefully depart.
H. Physical Contact: The solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person's consent.
I. Follow Into Residence: The solicitor shall not follow a person into a private residence or dwelling without their explicit consent.
J. Repeated Soliciting: The solicitor shall not continue repeated soliciting after a person has communicated clearly and unequivocally their lack of interest in the subject, goods or services of the solicitor.
K. Obscene Language Or Gestures: The solicitor shall not use obscene language or gestures in the course of a solicitation.
(Ord. 2007-30, 6-5-2007)
In any home solicitation sale, unless the buyer requests the solicitor to provide goods or services without delay in an emergency, the seller or solicitor shall present to the buyer and obtain buyer's signature to a written statement which informs the buyer of the right to cancel within the third business day after signing an agreement to purchase. Such notice of "buyer's right to cancel" shall be in the form required by section 70C-5-103, Utah Code Annotated, as amended, or any state or federal law modifying or amending such provision.
(Ord. 2007-30, 6-5-2007)
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