The text
3-12-1: - PURPOSE:#
A.
Residents of Riverdale City have inalienable interests in their personal safety, well-being, and privacy in their residences, as well as the right to provide or receive information regarding matters of personal belief, political or charitable activities, and goods and services lawfully in commerce.
B.
The City has a substantial interest in protecting the well-being, tranquility, personal safety, and privacy of its residents, which includes the ability to protect citizens from unwanted intrusions upon residential property. The City also has a substantial interest in protecting residents from fraud or otherwise unfair, unsupported, or questionable consumer sales or solicitation practices and criminal activity. The City recognizes that the substantial interests listed above must be balanced against the rights of those who are regulated by this Chapter. Based on the collective experiences of City officials derived from regulating business activity, protecting persons and property from criminal conduct, responding to citizen inquiries regarding door-to-door solicitation, the experience of law enforcement officers and those affected by door-to-door canvassing and solicitation, as well as judicial decisions describing the boundaries of Constitutional protections afforded and denied to persons seeking to engage in door-to-door solicitation, the City adopts this Chapter to promote the City's substantial interests in:
1.
Respecting citizens' decisions regarding privacy in their residences; and
2.
Protecting persons from criminal conduct; and
3.
Providing equal opportunity to advocate for or against religious belief, political position, or charitable activities; and
4.
Permitting truthful and non-misleading door-to-door solicitation regarding goods or services lawfully in the stream of commerce.
C.
The City finds that the procedures, rules, and regulations set forth in this Chapter are narrowly tailored to preserve and protect the City interests while balancing the rights of those regulated.
(Ord. 960, 11-1-2022)
3-12-2: - NO OTHER LICENSE OR APPROVAL REQUIRED:#
A.
Registered solicitors and persons exempt from registration need not apply for, nor obtain, any other license, permit, or registration from the City to engage in door-to-door solicitation.
B.
Any business that is licensed by the City under another ordinance and that uses employees, independent contractors, or agents for door-to-door solicitation to provide any tangible or intangible benefit to the business, shall be required to have such solicitors obtain a certificate, unless otherwise exempt from registration.
C.
Those responsible persons or entities associated with registered solicitors need not apply for, nor obtain, any other license, permit, or registration from the City, provided they do not establish a temporary or fixed place of business in the City.
D.
Nothing herein is intended to interfere with or supplant any other requirement of federal, state, or other local government law regarding any license, permit, or certificate that a registered solicitor is otherwise required to have or maintain.
(Ord. 960, 11-1-2022)
3-12-3: - DEFINITIONS:#
For the purposes of this Chapter, the following definitions shall apply: ADVOCATING: Speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.
APPEALS OFFICER: The City Administrator or City Administrator's designated hearing officer responsible for receiving the information from the City and appellant regarding denial or suspension of a certificate and issuing a decision as required by this Chapter.
APPELLANT: The person or entity appealing a denial or suspension of a certificate, either personally as an applicant or registered solicitor, or on behalf of an applicant or registered solicitor.
APPLICANT: An individual who is at least sixteen (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 ninety (90) days prior to the date of the application, of either:
A. A Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to an applicant or equivalent report prepared by the corresponding public safety agency of the applicant's home state if the applicant is not a Utah resident; or
B. Verification by the Utah 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 Title, 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: Includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity that is:
A. A benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious, or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization.
B. For the benefit of a public safety, law enforcement, or firefighter fraternal association; or
C. Established for any charitable purpose; and
D. 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.
E. A 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 of Utah as set forth in the Utah Charitable Solicitation Act, as amended from time to time.
COMPETENT INDIVIDUAL: A person claiming or appearing to be at least eighteen (18) years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation, and conduct.
COMPLETED APPLICATION: A fully completed application form, a BCI background check, one (1) 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, or 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:
A. The applicant, worker or registered solicitor has been criminally convicted of:
1. Felony homicide;
2. Physically abusing, sexually abusing, or exploiting of any person;
3. The sale or distribution of controlled substances; or
4. Sexual assault of any kind.
B. Criminal charges are currently pending against the applicant or registered solicitor for:
1. Felony homicide;
2. Physically abusing, sexually abusing, or exploiting a minor;
3. The sale or distribution of controlled substances; or
4. Sexual assault of any.
C. The applicant or registered solicitor has been criminally convicted of a felony within the last ten (10) years;
D. The applicant or registered solicitor has been incarcerated in a federal or state prison within the past five (5) years; or
E. The applicant or registered solicitor has been criminally convicted of a misdemeanor within the past five (5) years involving a crime of:
1. Moral turpitude; or
2. Violent or aggravated conduct involving persons or property; or
3. Theft or theft-like offenses;
F. A final civil judgment been entered against the applicant or registered solicitor within the last five (5) years indicating that:
1. The applicant or registered solicitor had either engaged in fraud, or intentional misrepresentation; or
2. 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);
G. 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;
H. The applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction; or
1. 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 legal adult or other competent individual at a residence, whether that person is a competent individual, while making or seeking to make or facilitate 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 an 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 (1) or more tangible items, wares, objects of merchandise, perishable s 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 the:
A. Means of payment or consideration used for the purchase;
B. Time of delivery of the goods or services; or
C. Previous or present classification of the solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.
LICENSE OFFICER: The City employee(s) or agent(s) responsible for receiving from an applicant or registered solicitor a completed application and either granting, denying, suspending, or revoking the applicant's certificate.
NO SOLICITATION SIGN: A visible and legible sign that states "No Soliciting," "No Solicitors," "No Salespersons," "No Trespassing," or words of similar import.
POLITICAL POSITION: Any 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 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 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 a sidewalk, public street, or public right-of-way.
RESPONSIBLE PERSON OR ENTITY: The person or entity responsible to provide the following to an applicant, registered solicitor, and a 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:
A. 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;
B. Facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and
C. 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 a competent individual in a residence regarding a particular good(s) or service(s) that entitles the consumer to rescind the same within three (3) days under any applicable federal, state, or local law.
SERVICES: Those 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:
A. 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;
B. Seeking to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications;
C. Seeking to obtain contributions of money or any other thing of value for the benefit of any person or entity;
D. Seeking to obtain orders or prospective customers for goods or services;
E. Seeking to engage an individual in conversation at a residence for the purpose of promoting or facilitating the receipt of information regarding religious belief, political position, charitable conduct, or a home solicitation sale; or
F. 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 Licensing Officer by certified, registered, priority, overnight, or delivery confirmation mail, facsimile, or hand delivery.
SUBSTANTIATED REPORT: An oral, written, or electronic report:
A. Submitted to and documented by the City;
B. By any of the following:
1. 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;
2. City law enforcement or Licensing Officer; or
3. Any other regularly established law enforcement agency at any level of government;
C. That provides any of the following information regarding a registered solicitor:
1. Documented verification of a previously undisclosed disqualifying status of a registered solicitor:
2. Probable cause that the registered solicitor has committed an act that would give rise to disqualifying status which has not yet been determined to be a disqualifying status;
3. 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
4. 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: A written form provided to an applicant by the City wherein the applicant agrees the City may obtain a name/date of birth BCI background check on the applicant for licensing purposes under this Chapter, and which contains applicant's notarized signature.
(Ord. 960, 11-1-2022)
3-12-4: - EXEMPTIONS FROM CHAPTER:#
A.
The following are exempt from registration under this Chapter:
1.
A person specifically invited to a residence by a competent individual prior to the time of the person's arrival at the residence;
2.
A person whose license, permit, certificate, or registration with the State of Utah permits the person to engage in door-to-door solicitation to offer goods or services to an occupant of the residence;
3.
A person delivering goods to a residence pursuant to a previously made order, or a person providing services at a residence pursuant to a previously made request by a competent individual;
4.
A person advocating or disseminating information for, against, or in conjunction with, any religious belief, or political position regardless of whether goods, services, or any other consideration is offered or given, with or without any form of commitment, contribution, donation, pledge, or purchase; and
5.
A person representing a charitable organization. The charitable exemption shall apply to any student soliciting contributions to finance extracurricular social, athletic, artistic, scientific, or cultural programs, provided that the solicitation has been approved in writing by the student's school administration, and that such student solicitors carry current picture student identification from the educational institution for which the student is soliciting.
B.
Persons exempt from registration are not exempt from the duties and prohibitions set forth in Sections 3-12-17, 3-12-18 and 3-12-19 of this Chapter while advocating or soliciting.
(Ord. 960, 11-1-2022)
3-12-5: - SOLICITATION PROHIBITED:#
Unless otherwise authorized, permitted, or exempted pursuant to the terms and provisions of this Chapter, the practice of being in and upon a residence within the City by solicitors, for the purpose of home solicitation sales or to provide goods or services, is prohibited and is punishable as set forth in this Chapter.
(Ord. 960, 11-1-2022)
3-12-6: - REGISTRATION OF SOLICITORS:#
Unless otherwise exempt under this Chapter, any person desiring to engage in door-to-door solicitation within the City, prior to doing so, shall submit a completed application to the Licensing Officer and obtain a certificate.
(Ord. 960, 11-1-2022)
3-12-7: - APPLICATION FORM:#
A.
The License Officer shall provide a standard application form for solicitor registration. Upon request to the License Officer, any person or entity may obtain in person, by mail, or facsimile, a copy of this application form.
B.
Each application form shall require disclosure and reporting by the applicant of the information, documentation, and fee required under this Section.
C.
The applicant shall affirm that the applicant has received and reviewed the disclosure information required by this Chapter.
D.
The applicant shall provide the following contact information:
1.
Applicant's true, correct, and legal name, including any former names or aliases used during the last ten (10) years;
2.
Applicant's telephone number, home address, and mailing address, if different;
3.
If different from the applicant, the name, address, and telephone number of the responsible person or entity; and
4.
The address by which all notices to the applicant required under this Chapter are to be sent.
E.
An in-person verification shall be conducted by the License Officer of the applicant's true identity by use of any of the following which bear a photograph of the applicant:
1.
A valid driver's license issued by any State;
2.
A valid passport issued by the United States;
3.
A valid identification card issued by any State; or
4.
A valid identification issued by a branch of the United States military.
Upon verification of identity, the original identification submitted to establish proof of identity shall be returned to the applicant.
F.
The applicant shall provide proof that either the applicant, or the responsible person or entity, has registered with the Utah State Department of Commerce.
G.
The applicant shall provide a special events sales tax number for either the applicant, or for the responsible person or entity, for which the applicant will be soliciting.
H.
The applicant shall provide the following marketing information:
1.
On any product, promotion or service, copies of all marketing information that will be shown, displayed or otherwise presented to a resident or visitor; and
2.
The goods or services offered by the applicant, including any commonly known, registered or trademarked names; and
3.
Whether the applicant holds any other licenses, permits, registrations, or other qualifications required by federal or state law to promote, provide, or render advice regarding the offered goods or services.
I.
The applicant shall provide a BCI background check which includes:
1.
An original or a copy of a BCI background check as defined in Section 3-12-3 of this Chapter; and
2.
A signed copy of a waiver whereby applicant agrees to allow the City to obtain a name/date of birth BCI background check on applicant for purposes of enforcement of this Chapter pursuant to section 53-10-108(1)(b), Utah Code Annotated, as amended from time to time.
J.
The applicant shall affirm or deny each of the following statements on the application form:
1.
Whether the applicant 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.
Whether any criminal charges are currently pending against the applicant 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.
Whether the applicant has been criminally convicted of a felony within the last ten (10) years;
4.
Whether the applicant has been incarcerated in a federal or state prison within the past five (5) years;
5.
Whether the applicant has been criminally convicted of a misdemeanor within the past five (5) years involving a crime of:
a.
Moral turpitude; or
b.
Violent or aggravated conduct involving persons or property.
6.
Whether a final civil judgment has been entered against the applicant within the last five (5) years indicating that:
a.
The applicant had either engaged in fraud, or intentional misrepresentation, or
b.
A debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 1523(a)(2), (a)(4), (a)(6), or (a)(19).
7.
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;
8.
Whether the applicant has an outstanding arrest warrant from any jurisdiction; or
9.
Whether the applicant is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.
K.
The applicant shall pay all applicable fees as set forth in the City's fee schedule as adopted by the City Council. Such fees shall not exceed the reasonable cost of processing the application and issuing a certificate and/or identification badge.
L.
The applicant shall execute the application form, stating upon oath or affirmation, under penalty of perjury, that based on the present knowledge and belief of the applicant, the information provided is complete, truthful, and accurate.
(Ord. 960, 11-1-2022)
3-12-8: - WRITTEN DISCLOSURES:#
The application form shall be accompanied by written disclosures notifying the applicant of the following: A.
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 and/or responsible person or entity's state tax identification and special use tax numbers, if any; and
3.
The validity of the applicant's proof of identity;
B.
The City may consult any publicly available source for information on the applicant or application, including but not limited, to databases for any outstanding warrant, protective order, or civil judgment;
C.
Establishing proof of identity is required before registration is allowed;
D.
Identification of the fee amount that must be submitted by applicant with a completed application;
E.
The applicant must submit a BCI background check (or equivalent background check from the applicant's home state if the applicant is not a Utah resident) with a completed application;
F.
To the extent permitted by State and/or federal law, the applicant's BCI background check will remain a confidential, protected, private record not available for public inspection;
G.
The City will maintain copies of the applicant' s application form, proof of identity, and identification badge, which copies will become public records available for inspection on demand at the City offices whether a certificate is denied, granted, or renewed;
H.
The criteria for disqualifying status, denial, suspension, or revocation of a certificate under the provisions of this Chapter; and
I.
That a request for a temporary certificate will be granted or denied within three (3) business days after a completed application is submitted.
(Ord. 960, 11-1-2022)
3-12-9: - WHEN REGISTRATION BEGINS:#
The License Officer shall not begin the registration process unless the applicant has submitted a complete application. The original identification submitted to establish proof of identity shall be returned after the License Officer verifies the applicant's identity. The License Officer may retain a copy of the identification. If an original BCI background check is submitted by the applicant, the License Officer shall make a copy of the BCI and return the original to the applicant.
(Ord. 960, 11-1-2022)
3-12-10: - ISSUANCE OF CERTIFICATES:#
The License Officer shall review an applicant's complete application and issue a certificate in accordance with the following provisions: A.
A temporary certificate shall issue allowing an applicant to immediately begin door-to-door solicitation upon the following conditions:
1.
The applicant submits:
a.
A complete application; and
b.
The required fee;
2.
The applicant establishes proof of identity;
3.
The applicant's representations on the application form do not affirmatively show a disqualifying status;
4.
The BCI background check does not affirmatively show a disqualifying status; and
5.
The applicant has not previously been denied a certificate by the City, or had a certificate revoked for grounds that still constitute a disqualifying status under this Chapter.
B.
A temporary certificate shall expire after twenty-five (25) calendar days from issuance, or upon grant or denial of an annual certificate, whichever period is shorter.
C.
Within twenty-five (25) calendar days of the issuance of a temporary certificate the City shall:
1.
Take any action the City deems appropriate to verify the truthfulness and completeness of information submitted by an applicant, including, but not limited to those disclosed with the application form;
2.
Issue written notice to the applicant and the responsible person or entity, if any, that the applicant either:
a.
Will be issued an annual certificate, eligible for renewal one (1) year from the date of issuance of the temporary certificate; or
b.
Will not be issued an annual certificate for reasons set forth in Section 3-12-14 of this Chapter.
D.
An annual certificate shall be valid for one (1) year from the date of issuance of the temporary certificate and shall expire at midnight on the anniversary date of issuance. Any annual certificate that is not suspended, revoked, or expired may be renewed upon request of the registered solicitor and submission of a new complete application and payment of the fee, unless of the conditions for the denial, suspension, or revocation of a certificate are present, as set forth in Section 3-12-14 of this Chapter, or a disqualifying status is present.
(Ord. 960, 11-1-2022)
3-12-11: - FORM OF CERTIFICATE AND IDENTIFICATION BADGE:#
A.
Should the License Officer determine that an applicant is entitled to a certificate, the officer shall issue a certificate to the applicant. The certificate shall list the name of the registered solicitor and the responsible person or entity, if any, and the date on which the certificate expires. The certificate shall be dated and signed by the License Officer. The certificate shall be carried by the registered solicitor at all times while soliciting in the City.
B.
Upon issuance of a temporary or annual certificate, the City shall also issue each registered solicitor an identification badge that shall be worn prominently on the solicitor's person while soliciting in the City. The identification badge shall bear the name of the City and shall contain:
1.
The name of the registered solicitor;
2.
Address and phone number of the registered solicitor, or the name, address, and phone number of the responsible person or entity is provided;
3.
A recent photograph of the registered solicitor; and
4.
The date on which the certificate expires.
(Ord. 960, 11-1-2022)
3-12-12: - MAINTENANCE OF REGISTRY:#
The License Officer shall maintain and make available for public inspection a copy or record of every complete application received, and the certificate or written denial issued by the City. Each applicant's BCI background check shall remain a confidential, protected, private record not available for public inspection unless otherwise required by state or federal Law. The License Officer may furnish to the head of the City's Law enforcement agency a list of all applicants, those denied, and those issued a certificate.
(Ord. 960, 11-1-2022)
3-12-13: - NON-TRANSFERABILITY OF CERTIFICATES:#
A certificate shall be issued only in the name of the applicant and shall list the responsible party or entity, if any, and shall be nontransferable. A registered solicitor desiring to facilitate or attempting to facilitate home solicitation sales with different: A.
Goods or services; or
B.
Responsible person or entity, from those designated in the originally submitted completed application, shall submit a written change request to the License Officer. A new certificate based on the amended information shall issue for the balance of time remaining on the solicitor's previous certificate before the amendment was filed. Before a new certificate is given to a registered solicitor, the solicitor shall obtain a revised identification badge from the City, after payment of the fee for the identification badge.
(Ord. 960, 11-1-2022)
3-12-14: - DENIAL, SUSPENSION OR REVOCATION OF A CERTIFICATE OF REGISTRATION:#
A.
Upon review, the License Officer shall refuse to issue a certificate to an applicant for any of the following reasons:
1.
For a temporary certificate:
a.
The application form is not complete;
b.
The applicant fails to:
(1)
Establish proof of identity;
(2)
Provide a BCI background check; or
(3)
Pay fees;
c.
The complete application or BCI background check indicate the applicant has a disqualifying status; or
d.
The applicant has previously been denied a certificate by the City or has had a certificate revoked for grounds that still constitute a disqualifying status under this Chapter.
e.
Fraud, deceit or dishonesty in the application process.
2.
For an annual certificate or renewal of an annual certificate:
a.
The information submitted by the applicant at the time of the granting of the temporary certificate is found to be incomplete or incorrect;
b.
Since the submission of a complete application, the applicant is subject to a previously undisclosed or unknown disqualifying status;
c.
Failure to pay fees;
d.
Since submission of the application, the City has received a substantiated report regarding past or present conduct of the applicant;
e.
Since submission of the application, the City or other governmental entity has either criminally convicted or obtained a civil injunction against the applicant for violating this Chapter or a similar federal, state, or municipal law in a manner rising to the level of a disqualifying status; or
f.
Since submission of the application, a final civil judgment has been entered against the applicant indicating that:
(1)
The applicant engaged in fraud or intentional misrepresentation; or
(2)
A debt of the applicant was non-dischargeable in bankruptcy pursuant to U.S.C. 523(a)(2), (a)(4), (a)(6) or (a) (19).
g.
Fraud, dishonesty or deceit in the application process.
B.
The City shall either suspend or revoke a certificate when any of the reasons warranting denial of a certificate occurs.
C.
If the License Officer denies an applicant's complete application or suspends or revokes a registered solicitor's certificate, the officer shall send written notice to the applicant or registered solicitor. The notice shall specify the grounds for denial, suspension or revocation and the date upon which the denial, suspension or revocation of the certificate shall take effect. The written notice shall further state that the applicant or registered solicitor shall have ten (10) business days from receipt of the notice of denial or suspension to appeal. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal suspension of a certificate shall result in its revocation.
(Ord. 960, 11-1-2022)
3-12-15: - APPEALS:#
An applicant or registered solicitor whose certificate has been denied, suspended, or revoked shall have the right to appeal to the City Administrator by following the procedures and requirements as provided in Section 3-1A-4 of this title. Any appeal shall be submitted by either the applicant, the responsible person or entity, or legal counsel for either who: A.
Documents the relationship with the applicant or responsible person or entity; or
B.
Is licensed or authorized by the State of Utah to do so and makes the assertion of an agency relationship.
(Ord. 960, 11-1-2022)
3-12-16: - DECEPTIVE SOLICITING PRACTICES ARE PROHIBITED:#
A.
No solicitor shall intentionally make any materially false or fraudulent statement while soliciting or in the application process.
B.
A solicitor shall immediately disclose to the consumer during face-to-face solicitation;
1.
The name of the solicitor;
2.
The name and address of the entity with whom the solicitor is associated; and
3.
The purpose of the solicitor's contact with the person and/or competent individual. This requirement may be satisfied through the use of the badge and an informational flyer.
C.
No solicitor shall use a fictitious name, an alias, or any name other than the solicitor's true and correct name.
D.
No solicitor shall represent directly or by implication that the granting of a certificate of registration implies any endorsement by the City of the solicitor's goods or services or of the individual solicitor.
E.
No solicitor may use or imply any form of communication, at any time during this process, which may be fraudulent or otherwise unfair, unsupported, or questionable consumer sales or solicitation practices and criminal activity.
(Ord. 960, 11-1-2022)
3-12-17: - "NO SOLICITATION" NOTICE:#
A.
Any occupant of a residence may give notice of a desire to refuse solicitors by displaying a "No Solicitation" sign which shall be posted on or near the main entrance door or on or near the property line adjacent to a sidewalk leading to the residence.
B.
The display of such sign or placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to receive and/or does not invite solicitors.
C.
It shall be the responsibility of the solicitor to check each residence for the presence of any such notice.
D.
The provisions of this Section 3-12-17 shall apply also to solicitors who are exempt from registration pursuant to the provisions of this Chapter.
(Ord. 960, 11-1-2022)
3-12-18: - DUTIES OF SOLICITORS:#
A.
Every person soliciting or advocating shall check each residence for any "No Soliciting" sign or placard or any other notice or sign notifying a solicitor not to solicit on the premises, such as, but not limited to, "No Solicitation" signs. If any such sign or placard is posted, the solicitor shall desist from any efforts to solicit at the residence and shall immediately depart from such property. Possession of a certificate of registration does not relieve a solicitor of this duty.
B.
A person soliciting or advocating shall not knock on a door, ring a doorbell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a "No Solicitation" sign or similar sign or placard for the purpose of engaging in or attempting to engage in advocating a home solicitation sale, door-to-door soliciting, or soliciting.
C.
A solicitor shall not, through ruse, deception, or fraudulent concealment of a purpose to solicit, take any action calculated to secure an audience with an occupant at a residence.
D.
A solicitor, who is at any time asked by an occupant of a residence to leave, shall immediately and peacefully depart.
E.
A solicitor shall not intentionally or recklessly make any physical contact with or touch another person without the person's consent.
F.
A solicitor shall not follow a person into a residence without the person ' s explicit consent and invitation.
G.
A solicitor shall not continue repeated soliciting after a person or competent individual has communicated clearly and unequivocally the person's lack of interest in the subject, goods, or services of the solicitor.
H.
A solicitor shall not use obscene language or gestures.
(Ord. 960, 11-1-2022)
3-12-19: - TIME OF DAY RESTRICTIONS:#
It shall be unlawful for any person, whether licensed or not, to solicit at a residence before 9:00 a.m. or after 9:00 p.m. local time, unless the solicitor has express written prior permission from the resident to do otherwise.
(Ord. 960, 11-1-2022)
3-12-20: - BUYERS 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, or a current version thereof, or any state or federal law modifying or amending such provision.
(Ord. 960, 11-1-2022)
3-12-21: - PENALTIES:#
Any person who violates any term or provision of this Chapter shall lose any right granted under this chapter and shall be guilty of a class B misdemeanor.
(Ord. 960, 11-1-2022)