5-13A-6: EXPIRATION AND RENEWAL:

   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)

5-13A-7: DENIAL, SUSPENSION, OR REVOCATION:

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)

5-13A-8: WRITTEN DISCLOSURES:

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)

5-13A-9: REGULATION OF LICENSED AND UNLICENSED PEDDLERS AND SOLICITORS:

   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)

5-13A-10: BUYER'S RIGHT TO CANCEL:

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)

5-13A-11: PENALTIES:

Any person who violates any term or provision of this article shall be guilty of a class B misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and/or a jail sentence not to exceed six (6) months.

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

ARTICLE B. SIDEWALK VENDORS

SECTION:

5-13B-1: Definition

5-13B-2: License Required

5-13B-3: Fee

5-13B-4: Insurance

5-13B-5: Application And Approval Process

5-13B-6: General Requirements

5-13B-7: Cart Standards

5-13B-8: Prohibited Activities

5-13B-9: Impoundment

5-13B-10: Suspension, Revocation Or Denial

5-13B-11: Enforcement; Violations; And Penalties

5-13B-1: DEFINITION:

A "sidewalk vendor" means any person licensed under this article, who sells, or offers to sell food, nonalcoholic beverages, balloons, cut flowers, caps, T-shirts, souvenirs or handmade crafts on a public sidewalk.

(Ord. 2009-75, 12-22-2009)