For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ADVOCATING. Speech or conduct intended to inform, promote, or support religious beliefs, political position, or charitable activities.
APPEALS OFFICER. The City Council, or designee, responsible for receiving the information from the city and appellant regarding the denial or suspension of a certificate, and issuing a decision as required by this chapter.
APPELLANT. The person or entity appealing the denial or suspension of a certificate, either personally as an applicant or registered solicitor, or on behalf of the applicant or registered solicitor.
APPLICANT. An individual who is at least 16 years of age and not a corporation/partnership, limited liability company, or other lawful entity who applies for a certificate permitting door-to-door solicitation.
APPLICATION FORM. A standardized form provided by the city to an applicant to be completed and submitted as part of registration.
BCI. An original or copy, dated no older than 180 days prior to the date of the application, of either:
(1) A State Department of Public Safety, Bureau of Criminal Identification-verified criminal history report personal to the applicant; or
(2) Verification by the State Department of Public Safety, Bureau of Criminal Identification that no criminal history rising to the level of a disqualifying status exists for the applicant.
BUSINESS. A commercial enterprise licensed by the city as a person or entity under this chapter, having a fixed or temporary physical location within the city.
CERTIFICATE. A temporary, annual, or renewal certificate permitting door-to-door solicitation in the city, applied for or issued pursuant to the terms of this chapter.
CHARITABLE ACTIVITIES. Advocating by persons or entities that either are, or support, a charitable organization.
CHARITABLE ORGANIZATION.
(1) Includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
(a) That is:
1. A benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
2. For the benefit of a public safety, law enforcement, or firefighter fraternal association; or
3. Established for any charitable purpose.
(b) That is tax exempt under applicable provisions of the Internal Revenue Code of 1986, as amended, and qualified to solicit and receive tax-deductible contributions from the public for charitable purposes.
(2) CHARITABLE ORGANIZATION includes a chapter, branch, area, or office, or similar affiliate, or any person soliciting contributions within the state for a charitable organization that has its principal place of business outside the city or state. (Charitable Solicitation Act, UCA § 13-22-2(1) and (2).)
COMPETENT INDIVIDUAL. A person claiming, or appearing to be, at least 18 years of age and of sufficiently sound mind and body so to be able to engage in rational thought, conversation, and conduct.
COMPLETED APPLICATION. A fully-completed application form, a BCI, two copies of the original identification relied on by the applicant to establish proof of identity, and the tendering of fees.
CRIMINALLY CONVICTED. The final entry of a conviction, whether by a plea of no contest, guilty, entry of a judicial, or jury, finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The CRIMINAL CONVICTION is that offense of which the applicant or registered solicitor was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and charges dismissed under a plea in abeyance or diversion agreement.
DISQUALIFYING STATUS. Anything specifically defined in this chapter as requiring the denial or suspension of a certificate, and any of the following:
(1) The applicant or registered solicitor has been criminally convicted of:
(a) Felony homicide;
(b) Physically abusing, sexually abusing, or exploiting a minor;
(c) The sale or distribution of controlled substances; or
(d) Sexual assault of any kind.
(2) Criminal charges currently pending against the applicant or registered solicitor for:
(a) Felony homicide;
(b) Physically abusing, sexually abusing, or exploiting a minor;
(c) The sale or distribution of controlled substances; or
(d) Sexual assault of any kind.
(3) The applicant or registered solicitor has been criminally convicted of a felony within the last ten years;
(4) The applicant or registered solicitor has been incarcerated in a federal or state prison within the past five years;
(5) The applicant or registered solicitor has been criminally convicted of a misdemeanor within the past five years involving a crime of:
(a) Moral turpitude; or
(b) Violent or aggravated conduct involving persons or property.
(6) A final civil judgment been entered against the applicant or registered solicitor within the last five years indicating that:
(a) The applicant or registered solicitor had either engaged in fraud, or in intentional misrepresentation; or
(b) That a debt of the applicant or registered solicitor was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19).
(7) The applicant or registered solicitor 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;
(8) The applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction; or
(9) The applicant or registered solicitor is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.
DOOR-TO-DOOR SOLICITATION. The practice of engaging in, or attempting to engage in, conversation with any person at a residence, whether or not that person is a competent individual, while making, or seeking to make, or facilitating a home solicitation sale, or attempting to further the sale of goods and/or services.
ENTITY. Includes a corporation, partnership, limited liability company, or other lawful entity, organization, society, or association.
FEES. The cost charged to the applicant or registered solicitor for the issuance of a certificate and/or identification badge, which shall not exceed the reasonable costs of processing the application and issuing the certificate and/or identification badge.
FINAL CIVIL JUDGMENT. A civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.
GOODS. One or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.
HOME SOLICITATION SALE. To make or attempt to make a sale of goods or services by a solicitor at a residence by means of door-to-door solicitation, regardless of:
(1) The means of payment or consideration used for the purchase;
(2) The time of delivery of the goods or services; or
(3) The previous or present classification of the solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.
LICENSING OFFICER. The city employee(s) or agent(s) responsible for receiving from an applicant or registered solicitor the completed application and either granting, suspending, or denying the applicant’s certificate.
NO SOLICITATION SIGN. A reasonably visible and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” “No Trespassing,” or words of similar import.
POLITICAL POSITION. Any actually-held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.
REGISTERED SOLICITOR. Any person who has been issued a current certificate by the city.
REGISTRATION. The process used by the City Licensing Officer to accept a completed application and determine whether or not a certificate will be denied, granted, or suspended.
RELIGIOUS BELIEF. Any sincerely-held belief, or information for, against, or in conjunction with, any theistic, agnostic, or atheistic assumption, presumption, or position, or religious doctrine, dogma, or practice regardless of whether or not the belief or information is endorsed by any other person, or public or private entity.
RESIDENCE. Any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning laws of the city, together with the lot or other real property on which the living unit is located. This does not include the sidewalk, public street, or public rights-of-way.
RESPONSIBLE PERSON or ENTITY. A person or entity responsible to provide the following to an applicant, or registered solicitor, and the competent individual in a residence to whom a sale of goods or services is made, or attempted to be made, by means of a home solicitation sale:
(1) Maintaining a state sales tax number, a special events sales tax number, computing the sales taxes owing from any sale of goods or services, paying the sales taxes, and filing any required returns or reports;
(2) Facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and
(3) Refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.
SALE OF GOODS or SERVICES. The conduct and agreement of a solicitor and the competent individual in a residence regarding a particular good(s) or service(s) that entitles the consumer to rescind the same within three days under any applicable federal, state, or local law.
SERVICES. Intangible goods or personal benefits offered, provided, or sold to a competent individual of a residence.
SOLICITING or SOLICIT or SOLICITATION. Any of the following activities:
(1) Seeking to obtain sales or orders for the exchange of goods, wares, merchandise, or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought;
(2) Seeking to obtain prospective customers to apply for, or to purchase, insurance, subscriptions to publications, or publications;
(3) Seeking to obtain contributions of money or any other thing of value for the benefit of any person or entity;
(4) Seeking to obtain orders or prospective customers for goods or services;
(5) Seeking to engage an individual in conversation at a residence for the purpose of promoting or facilitating the receipt of information regarding a religious belief, political position, charitable conduct, or a home solicitation sale; and
(6) Other activities falling within the commonly accepted definition of SOLICITING, such as hawking or peddling.
SOLICITOR or SOLICITORS. A person(s) engaged in door-to-door solicitation.
SUBMITTED IN WRITING. The information for an appeal of a denial or suspension of a certificate, submitted in any type of written statement to the city offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.
SUBSTANTIATED REPORT. An oral, written, or electronic report:
(1) That is submitted to, and documented by, the city;
(2) By any of the following:
(a) A competent individual who is willing to provide law enforcement, or other city employees, with publicly available identification of their name, address, and any other reliable means of contact;
(b) City law enforcement or Licensing Officer; or
(c) Any other regularly-established law enforcement agency at any level of government.
(3) That provides any of the following information regarding a registered solicitor:
(a) Documented verification of a previously undisclosed disqualifying status of a registered solicitor;
(b) Probable cause that the registered solicitor has committed a disqualifying status which has not yet been determined to be a disqualifying status;
(c) Documented, eye-witness accounts that the registered solicitor has engaged in repeated patterns of behavior that demonstrates failure by the registered solicitor to adhere to the requirements of this chapter; or
(d) Probable cause that continued licensing of the registered solicitor creates exigent circumstances that threaten the health, safety, or welfare of any individuals or entities within the city.
WAIVER. The written form provided to an applicant by the city wherein the applicant agrees that the city may obtain a name/date of birth BCI background check on the applicant for licensing purposes under this chapter, and which contains the applicant’s notarized signature.
(Prior Code, § 5.14.030) (Ord. 12-2006, passed 8-16-2006)