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)

5-13B-2: LICENSE REQUIRED:

It is unlawful for any person, firm or corporation to display, offer for sale, or sell any retail goods on a public sidewalk without having first complied with the provisions of this article and without having first obtained a business license as a sidewalk vendor. The provisions of this article shall not apply to sales or displays allowed by section 7-2-13 of this code.

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

5-13B-3: FEE:

The license fee and renewal period for sidewalk vending shall be as prescribed in chapter 1 of this title. In addition to the license fee, a sidewalk vendor shall provide Ogden City with a damage deposit in the amount of two hundred dollars ($200.00), which the city may draw upon for cleaning or repair necessitated by the vendor operation, after at least one notice and an opportunity to correct the violation has been issued to the licensee. Any remaining funds on deposit shall be returned to the licensee within thirty (30) days after the expiration of the license year. In the event it is necessary for the city to utilize all or part of the damage deposit for cleaning or repair prior to the expiration of the license year, the business license coordinator may revoke the license or require a deposit of additional funds as a condition of continuing operations.

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

5-13B-4: INSURANCE:

The applicant shall agree to hold the city and its employees and agents harmless and to indemnify and defend the city, its employees and agents, against all claims, liability, loss, damage, or expense, including attorney fees, resulting from the activities of the licensee upon public sidewalks. The applicant shall maintain a commercial general liability insurance policy with minimum limits of five hundred thousand dollars ($500,000.00) per person in any one occurrence and two million dollars ($2,000,000.00) for two (2) or more persons in any one occurrence for personal injury, and five hundred thousand dollars ($500,000.00) for property damage for any one occurrence, or such greater amounts as set forth in section 63G-7-604, Utah Code Annotated, 1953, as amended, or its successor section. Any deductible or self-insured retention must be declared to and approved by the city. A current certificate of insurance must be kept on file with the city recorder verifying continuing coverage and naming the city as an additional insured. The certificate shall provide thirty (30) days' written notice to the city upon cancellation, nonrenewal or material change in the policy.

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