Chapter 5.30
DOOR-TO-DOOR SOLICITATION1
Sections:
5.30.020 No other City license or approval required.
5.30.040 Solicitation prohibited.
5.30.050 Exemptions from chapter.
5.30.060 Registration of solicitors.
5.30.090 When registration begins.
5.30.100 Issuance of certificates.
5.30.110 Form of certificate and identification badge.
5.30.120 Maintenance of registry.
5.30.130 Nontransferability of certificates.
5.30.140 Deceptive soliciting practices prohibited.
5.30.150 Denial, suspension, or revocation of a certificate of registration.
5.30.170 “No soliciting” notice.
5.30.180 Duties of solicitors.
5.30.190 Time of day restrictions.
5.30.200 Buyer’s right to cancel.
5.30.010 Purpose.
Residents of the City have an inalienable interest in their personal safety, well-being, and privacy in their residences, as well as their ability to provide or receive information regarding matters of personal belief, political or charitable activities, and goods and services lawfully in commerce. The City has a substantial interest in protecting the well-being, tranquility, personal safety, and privacy of its citizens, which includes the ability to protect citizens from unwanted intrusions upon residential property. The City also has a substantial interest in protecting citizens from fraud or otherwise unfair consumer sales practices as well as criminal activity. There must be a balance between these substantial interests of the City and its citizens and the effect of the regulations in this chapter on the rights of those who are regulated. Based on the collective experiences of the City officials derived from regulating business activity, protecting persons and property from criminal conduct, responding to the inquiries of citizens regarding door-to-door solicitation, the experience of its Law Enforcement Officers and those affected by door-to-door canvassing and solicitation, as well as judicial decisions outlining the boundaries of constitutional protections afforded and denied persons seeking to engage in door-to-door solicitation, the City adopts this chapter to promote the City’s substantial interests in:
(A) Respecting citizens’ decisions regarding privacy in their residence;
(B) Protecting persons from criminal conduct;
(C) Providing equal opportunity to advocates for and against religious beliefs, political position, or charitable activities; and
(D) Permitting truthful and nonmisleading door-to-door solicitation regarding lawful goods or services in intrastate or interstate commerce.
The City finds that the procedures, rules, and regulations set forth in this chapter are narrowly tailored to preserve and protect the City’s interests referred to herein while at the same time balancing the rights of those regulated. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-1.]
5.30.020 No other City 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 licensed by the City under another City ordinance that uses employees, independent contractors, or agents for door-to-door solicitation, in an effort 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. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-2.]
5.30.030 Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Advocating” means speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities, including requesting signatures on petitions. This definition applies to both unpaid and paid advocates.
“Appeals Officer” means the City Council or designee of the City 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” means 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” means 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” means a standardized form provided by the City to an applicant to be completed and submitted as part of registration.
“Business” means 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” means an annual or renewable certificate permitting door-to-door solicitation in the City issued pursuant to the terms of this chapter.
“Charitable activities” means advocating or fundraising by persons or entities that are or support a charitable organization.
“Charitable organization” means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity, including 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 state of Utah, that is:
(1) A benevolent, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, public health, civic, social welfare, or an advocacy, educational, environmental or conservational organization; or
(2) For the benefit of a public safety, law enforcement, or fire fighter fraternal association; or
(3) Established for any charitable purpose; and
(4) 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.
“Competent individual” means a person claiming or appearing to be at least 18 years of age and of sufficiently sound mind and body to engage in rational thought, conversation, and conduct.
“Completed application” means a fully completed application form, criminal background check, two copies of the original identification relied on by applicant to establish proof of identity, and tendering of fees.
“Criminal background check” means an original or copy, dated no older than 180 days prior to the date of the application, of either:
(1) If the person has resided in Utah for at least five years:
(a) A Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to the applicant; 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.
(2) If the person has resided outside of Utah during the previous five years:
(a) A Federal Bureau of Investigation Identity History Summary Check;
(b) Criminal background reports generated by each state in which they have resided during the previous five years, of a substantially similar nature as Utah criminal history reports; or
(c) Verification by either of the entities listed in subsections (2)(a) and (2)(b) of this definition indicating that no criminal history exists that rises to the level of a disqualifying status for the applicant.
(3) Without reference to the amount of time they have resided within the state, the person may request a criminal background check performed by a third party which has been previously approved by the City. The City may accept a fee equal to its cost in requesting criminal background checks from a third party, and facilitate the applicant’s request.
“Criminally convicted” means the final entry of guilt, whether by a plea of no contest, guilt, 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 found guilty, 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” means 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, or has criminal charges currently pending against the applicant or registered solicitor for:
(a) Felony homicide,
(b) Physically abusing, sexually abusing, or exploiting a minor,
(c) Sale or distribution of controlled substances, or
(d) Sexual assault of any kind;
(2) Applicant or registered solicitor has been criminally convicted of a felony within the last 10 years;
(3) Applicant or registered solicitor has been incarcerated in a federal or state prison within the last five years;
(4) Applicant or registered solicitor has been criminally convicted of a misdemeanor within the past five years involving a crime of:
(a) Fraud, theft, voyeurism, or lewdness,
(b) Violent, aggravated, or destructive conduct involving persons or property;
(5) A final civil judgment has been entered against applicant or registered solicitor within the last five years indicating:
(a) Applicant or registered solicitor had either engaged in fraud or intentional misrepresentation,
(b) Applicant or registered solicitor had engaged in willful and malicious activity causing injury to another entity or to the property of another entity,
(c) A debt of applicant or registered solicitor was nondischargeable in bankruptcy pursuant to 11 U.S.C. Section 523(a)(2), (a)(4), (a)(6), or (a)(19);
(6) Applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction; or
(7) Applicant or registered solicitor is currently subject to a protective order, based on stalking, or physical or sexual abuse, issued by a court of competent jurisdiction.
“Door-to-door solicitation” means 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 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” means the cost charged to 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 badges.
“Final civil judgment” means a civil judgment recognized under state law as a judgment to which collateral estoppels would apply.
“Goods” means one or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.
“Home solicitation sale” means 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) Means of payment or consideration used for the purchase;
(2) 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” means the City employee(s) or agent(s) responsible for receiving the completed applications from applicants or registered solicitors and either granting, suspending, or denying an applicant’s certificate.
“No solicitation sign” means a reasonable, visible, and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” or words of similar import.
“Political position” means any actually held belief or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.
“Probable cause” means facts and circumstances within the person’s knowledge sufficient to warrant a prudent person to believe the information is true.
“Registered solicitor” means any person issued a current certificate by the City.
“Registration” means 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” means 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” means any living unit contained within any building or structure 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” means a person or entity responsible for providing 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) Responses to requests from consumers who desire to cancel sale pursuant to applicable contractual rights or law; and
(3) Refunds of any moneys paid in reversals on credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.
“Sale of goods or services” means the conduct and agreement of a solicitor and competent individual in a residence regarding a particular good(s) or service(s) that entitles consumer to rescind the same within three days under any applicable federal, state, or local law.
“Services” means those intangible goods or personal benefits offered, provided, or sold to a competent individual of a residence.
“Soliciting,” “solicit,” or “solicitation” means any of the following activities:
(1) Seeking to obtain 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 religious belief, political position, charitable conduct, or a home solicitation sale;
(6) Other activities falling within the commonly accepted definition of soliciting, such as hawking or peddling.
“Solicitor” or “solicitors” means a person(s) engaged in door-to-door solicitation.
“Submitted in writing” means 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, delivery confirmation mail, facsimile, or hand delivery.
“Substantiated report” means an oral, written or electronic report:
(1) Submitted to and documented by the City by any of the following:
(a) A competent individual willing to provide law enforcement or other City employees with publicly available identification of their name, address, and 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.
(2) 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 information is not already known by the Licensing Officer;
(c) Documented, eye-witness accounts the registered solicitor has engaged in repeated patterns of behavior that demonstrate failure that the registered solicitor would 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” means the written form provided to applicant by the City wherein applicant agrees the City may obtain a name/date of birth criminal background check on the applicant for licensing purposes under this chapter, and which is either executed in the presence of the Licensing Officer or contains applicant’s notarized signature. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-3.]
5.30.040 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 private residence property within the City by solicitors for the purpose of home solicitation sales or to provide goods or services is prohibited and punishable as set forth in this chapter. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-4.]
5.30.050 Exemptions from chapter.
The following are exempt from registration under this chapter:
(A) Persons specifically invited to a residence by a competent individual prior to the time of the person’s arrival at the residence;
(B) Persons delivering goods to a residence, pursuant to a previously made order, or persons providing services at a residence pursuant to a previously made request by a competent individual;
(C) Persons advocating or disseminating information for, against, or in conjunction with any religious belief or political position, including soliciting signatures on petitions, 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
(D) Persons representing a charitable organization. The charitable exemption shall apply to students soliciting contributions to finance extracurricular, social, athletic, artistic, scientific, or cultural programs; provided, that the solicitation has been approved in writing by the school administration and that such student solicitors carry current picture student identification from the educational institution for which they are soliciting.
(E) Those persons exempt from registration are not exempt from the duties and prohibitions outlined in SCC 5.30.170, 5.30.180 and 5.30.190 while advocating or soliciting. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-14 § 1; Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-5.]
5.30.060 Registration of solicitors.
Unless otherwise exempt under this chapter, all persons 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 prior to engaging in solicitation. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-6.]
5.30.070 Application form.
The City Licensing Officer shall provide a standard application form for use for registration of solicitors. Upon request to the Licensing Officer, or as otherwise provided, any person or entity may obtain in person, by mail, email, website, or facsimile, a copy of this application form. Each application form shall require disclosure and reporting by applicant of the following information, documentation, and fee:
(A) Review of Written Disclosures. An affirmation that applicant has received and reviewed the disclosure information required by this chapter.
(B) Contact Information.
(1) Applicant’s true, correct, and legal name, including any former names or aliases used during the last 10 years;
(2) Applicant’s telephone number, home address, and mailing address, if different;
(3) If different from applicant, the name, address, and telephone number of the responsible person or entity; and
(4) The address by which all notices are to be sent to applicant, as required under this chapter.
(C) Proof of Identity. An in-person verification by the Licensing Officer of applicant’s true identity by use of any of the following, which bear a photograph of said applicant:
(1) Valid driver’s license issued by any state;
(2) Valid identification card issued by any state;
(3) Valid passport of the United States; or
(4) 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 applicant; however, a photocopy may be retained for the City’s files.
(D) Proof of Registration with Department of Commerce. Applicant shall provide proof that either the applicant or responsible person or entity has registered with the Utah State Department of Commerce.
(E) Special Events Sales Tax Number. Applicant shall provide a special events sales tax number for either the applicant or responsible person or entity for which applicant will be soliciting.
(F) Marketing Information. Applicant shall provide a brief description of:
(1) The goods or services offered by applicant, including any commonly known, registered, or trademarked names.
(2) Whether 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.
(G) Criminal Background Check. Applicant shall provide:
(1) An original copy of a criminal background check as defined in SCC 5.30.030; and
(2) A signed copy of a waiver whereby applicant agrees to allow the City to obtain a name/date of birth background check on applicant for purposes of enforcement of this chapter.
(H) Responses to Questions Regarding “Disqualifying Status.” Applicant shall be required to truthfully affirm or deny the applicability of each “Disqualifying Status” listed in this chapter.
(I) Fee. Applicant shall pay such fees as established by resolution of the City Council, which shall not exceed the reasonable cost of processing the application and issuing the certificate and/or identification badge.
(J) Execution of Application. Applicant shall execute the application form stating, upon oath or affirmation under penalty or perjury, that, based on the present knowledge and belief of applicant, the information provided is complete, truthful, and accurate. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 08-02 § 29; Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-7.]
5.30.080 Written disclosures.
The application form shall be accompanied by written disclosures notifying 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) Applicant’s address;
(2) Applicant’s and/or responsible person’s or entity’s state tax identification and special use tax numbers, if any.
(3) Validity of applicant’s proof of identity.
(B) The City may consult with any publicly available sources for information on applicant including, but not limited to, databases for outstanding warrants, protective orders, or civil judgments.
(C) Establishing proof of identity is required before registration is allowed.
(D) Identified fee amount must be submitted by applicant with a completed application.
(E) Applicant must submit a criminal background check with completed application.
(F) To the extent permitted by state and/or federal law, applicant’s criminal background check shall remain a confidential and private record not available for public inspection.
(G) The City will maintain copies of applicant’s application form, proof of identity, and identification badge. These 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, or suspension of a certificate under the provisions of this chapter.
(I) A request for a temporary certificate will be granted or denied on the same business day a completed application is submitted. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-8.]
5.30.090 When registration begins.
The Licensing Officer shall not begin the registration process unless applicant has submitted a completed application. The original identification submitted to establish proof of identity shall be returned after the Licensing Officer verifies applicant’s identity. A copy of the identification may be retained by the Licensing Officer. If an original criminal background check is submitted by applicant, the Licensing Officer shall make a copy of the criminal background check and return the original to applicant. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-9.]
5.30.100 Issuance of certificates.
The Licensing Officer shall review the completed application submitted by applicant and issue a certificate in accordance with the following:
(A) Temporary Certificate. The Licensing Officer shall issue a temporary certificate which authorizes applicant to immediately begin door-to-door solicitation, if the applicant meets the following conditions:
(1) Applicant has submitted a completed application;
(2) Applicant has made payment of required fee;
(3) Applicant has established proof of identity;
(4) Applicant’s representations on the application form do not affirmatively show a disqualifying status;
(5) The criminal background check does not affirmatively show a disqualifying status; and
(6) 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. A temporary certificate will automatically expire after 25 calendar days from issuance, or upon the granting or denial of an annual certificate, whichever period is shorter.
(B) Annual Certificate. Within 25 calendar days of the issuance of a temporary certificate, the City shall:
(1) Take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted by applicant including, but not limited to, those disclosed with the application form.
(2) Issue written notice to applicant and the responsible person or entity, if any, that applicant either:
(a) Will be issued an annual certificate, eligible for renewal upon expiration of the issued certificate; or
(b) Will not be issued an annual certificate for reasons cited in SCC 5.30.150.
(C) Renewal Certificate. An annual certificate shall be valid from date of issuance of the temporary certificate (if applicable) or annual certificate, and expires on the date listed on the annual certificate. Any annual certificate not suspended, revoked, or expired may be renewed upon the request of the registered solicitor and submission of a new completed application with payment of the fee, unless any of the conditions for denial, suspension, or revocation of a certificate are present, as set forth in SCC 5.30.150, or a disqualifying status is present. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-10.]
5.30.110 Form of certificate and identification badge.
(A) Certificate Form. The Licensing Officer shall issue a certificate to applicant after determining that the criteria of this chapter have been met. 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 Licensing Officer. The Certificate shall be carried by the registered solicitor at all times while soliciting in the City.
(B) Identification Badge. With both the temporary and annual certificates, the City shall issue each registered solicitor an identification badge that shall be worn prominently on his or her person while soliciting in the City. The identification badge shall bear the name of the City and 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 provided;
(3) A recent photograph of the registered solicitor; and
(4) The date on which the certificate expires. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-11.]
5.30.120 Maintenance of registry.
The Licensing Officer shall maintain and make available for public inspection a copy or record of every completed application received and the certificate or written denial issued by the City. Applicant’s criminal background check shall remain a confidential and private record not available for public inspection, except as disclosure is required by law. The Licensing Officer may furnish to the head of the City’s Law Enforcement Agency a listing of all applicants, including those denied and those issued a certificate. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-12.]
5.30.130 Nontransferability of certificates.
Certificates shall be issued only in the name of the applicant and list the responsible party or entity, if any. The certificate shall be nontransferable. A registered solicitor desiring to facilitate or attempt to facilitate home solicitation sales with different goods or services or a responsible person or entity, from those designated in the originally submitted completed application, shall submit a written change request to the Licensing Officer. A new certificate, based on the amended information, shall be issued for the balance of time remaining on the solicitor’s previous certificate before the amendment was filed. Before the new certificate is given to the registered solicitor, the registered solicitor shall obtain a revised identification badge from the City, as necessary to correct revised information, after payment of the fee for the identification badge. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-13.]
5.30.140 Deceptive soliciting practices prohibited.
(A) No solicitor shall intentionally make any materially false or fraudulent statement in the course of soliciting.
(B) A solicitor shall immediately disclose to the consumer during face-to-face solicitation:
(1) The name of the solicitor.
(2) The solicitor’s name and city of residence or the name and city of business of the entity with whom the solicitor is associated.
(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 his or her 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. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-14.]
5.30.150 Denial, suspension, or revocation of a certificate of registration.
(A) Denial. Upon review, the Licensing Officer shall refuse to issue a temporary or annual certificate, or refuse to renew a certificate, to an applicant for any of the following reasons:
(1) Denial of Temporary Certificate.
(a) Application form is not complete.
(b) Applicant fails to:
(i) Establish proof of identity;
(ii) Provide a criminal background check; or
(iii) Pay the fees.
(c) Criminal background check indicates applicant has a disqualifying status; or 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.
(2) Denial of Annual Certificate – Renewal.
(a) Information submitted by applicant at the time of the granting of the temporary certificate, or when seeking renewal of an annual certificate, is found to be incomplete or incorrect.
(b) Since submission of the completed or renewal application, applicant is subject to previously undisclosed or unknown disqualifying status.
(c) Failure to complete payment of fees.
(d) Since submission of the application, the City has received a substantiated report regarding the past or present conduct of applicant;
(e) Since submission of the application, the City or other governmental entity has either criminally convicted or obtained a civil injunction against applicant for violating this chapter or similar federal, state, or municipal laws 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 applicant indicating that:
(i) Applicant had either engaged in fraud or an intentional misrepresentation;
(ii) Applicant had engaged in willful and malicious activity causing injury to another person or entity or the property of another person or entity; or
(iii) A debt of applicant’s was nondischargeable in bankruptcy pursuant to 11 U.S.C. Section 523(a)(2), (a)(4), (a)(6), or (a)(19).
(B) Suspension or Revocation. The City shall either suspend or revoke a certificate when any of the reasons warranting the denial of a certificate occurs.
(C) Notice of Denial or Suspension. Upon determination of the Licensing Officer to deny any applicant’s completed application or suspend a registered solicitor’s certificate, the City shall cause written notice to be sent to applicant or registered solicitor. The notice shall specify the grounds for denial or suspension, documentation or information on which the City relied to make the decision, availability of the documentation for review by applicant upon two business days’ notice to the City, and date upon which the denial or suspension of the certificate shall take effect. It shall further state that applicant or registered solicitor shall have 12 business days from receipt of the notice of denial or suspension to file an appeal. The denial or suspension of the certificate shall be effective no sooner than two calendar days from the date notice is sent, unless that suspension is because of exigent circumstances outlined in subsection (2)(d) of the definition of “Substantiated report” in SCC 5.30.030, in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded by the Licensing Officer upon finding of mistake or other good cause, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a certificate automatically results in its revocation. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-15.]
5.30.160 Appeal.
An applicant or registered solicitor whose certificate has been denied or suspended shall have the right to appeal the decision to the City Council or its designee. Any appeal must be submitted by either the applicant, 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. The following procedures and requirements shall apply:
(1) Any appeal must be submitted in writing to the City Recorder with a copy to the Licensing Officer within 12 business days of the decision from which the appeal is taken. Such appeal shall describe in detail the nature of the appeal, the action complained of, and the grounds for appeal.
(2) Upon request of the applicant or registered solicitor, within two business days, the City will make available any information upon which it relied in making the determination to either deny or suspend the certificate.
(3) The Appeals Officer shall review, de novo, all written information submitted by applicant or registered solicitor to the Licensing Officer, any additional information relied upon by the Licensing Officer as the basis for denial, suspension or revocation, and any additional information supplied to the Appeals Officer by the City, applicant, or registered solicitor. Any additional information submitted by any party to the appeal shall be simultaneously submitted to the opposing party. If desired, any party shall have five business days to submit rebuttal documentation to the Appeals Officer regarding the additional information submitted by the opposing party. Witnesses called by any party shall be subject to cross-examination by the other party or parties.
(4) The Appeals Officer will render a decision no later than 15 calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event any party to the appeal submits rebuttal information as allowed in subsection (B)(3) of this section, the 15 calendar days shall be extended to include the additional five days for rebuttal.
(a) The denial or suspension of the certificate shall be reversed by the Appeals Officer if, upon review of the written appeal and information submitted, the Appeals Officer finds the Licensing Officer made a material mistake of law or fact in denying or suspending the applicant’s or registered solicitor’s certificate.
(b) If the written appeal and information submitted indicates the Licensing Officer properly denied or suspended the certificate of the applicant or registered solicitor, the denial or suspension of the certificate shall be affirmed and constitute a determination that the suspended certificate is revoked.
(c) The decision of the Appeals Officer shall be delivered to applicant or registered solicitor in writing, by mail or in person.
(5) After the ruling of the Appeals Officer, applicant or solicitor is deemed to have exhausted all administrative remedies with the City.
(6) Nothing herein shall impede or interfere with applicant’s solicitor’s or city’s right to seek relief in a court of competent jurisdiction. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-16.]
5.30.170 “No soliciting” 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 the 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 shall apply to solicitors who are exempt from registration pursuant to the provisions of SCC 5.30.050. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-17.]
5.30.180 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 such sign or placard is posted, such solicitor shall desist from any efforts to solicit or advocate at the residence or dwelling and shall immediately depart from such property. Possession of a certificate of registration does not in any way relieve any solicitor of this duty.
(B) It is a violation of this chapter for any person soliciting or advocating to knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a “No Solicitation” or similar sign or placard, for the purpose of engaging in or attempting to advocate a home solicitation sale, door-to-door solicitation, or soliciting.
(C) Any solicitor who is at any time asked by the occupant of a residence or dwelling to leave shall immediately and peacefully depart.
(D) It is a violation of this chapter 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 residence.
(E) The solicitor shall not intentionally or recklessly make any physical contact with or touch another person without the person’s consent.
(F) The solicitor shall not follow a person into a residence without their explicit consent.
(G) The solicitor shall not continue repeated soliciting after a person and/or competent individual has communicated clearly and unequivocally their lack of interest in the subject, goods, or services of the solicitor.
(H) The solicitor shall not use obscene language or gestures. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-18.]
5.30.190 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. Mountain Time, unless the solicitor has express prior permission from the resident to do so. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-19.]
5.30.200 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 buyer and obtain buyer’s signature to a written statement which informs 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 1953, or a current version thereof or any state or federal law modifying or amending such provision. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-20.]
5.30.210 Violation – Penalty.
(A) Violations of SCC 5.30.040, 5.30.060, 5.30.140, 5.30.180(C) through (G), or 5.30.190, or knowingly providing false information on an application, are Class B misdemeanors, punishable as provided in the laws of the state of Utah.
(B) Any other violation of this chapter not enumerated in this section is an infraction, punishable as provided in the laws of the state of Utah.
(C) Criminal penalties in this chapter may only be pursued if the conduct to be punished does not rise to the level of a more serious offense under local, state or federal law, or if the prosecutorial authorities for those agencies have declined to file more serious charges. The provisions of this chapter do not override those more serious offenses. [Ord. 18-07 § 1 (Exh. A); Ord. 11-08 § 1 (Exh. A); Ord. 07-09 § 1 (Exh. A); Code 1971 § 5-6-21.]
Prior legislation: Ords. 02-27 and 02-32.