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5.12.030. Definitions

            For the purposes of this Chapter, the following definitions shall apply:

            (1)        "Advocating" means speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.

            (2)        "Appeals Officer" means the City Manager or designee of the City responsible for receiving the information from the City and appellant regarding the denial, suspension, or revocation of a certificate and issuing a decision as required by this Chapter.

            (3)        "Appellant" means the person or entity appealing the denial, suspension, or revocation of a certificate, either personally as an applicant or registered solicitor, or on behalf of the applicant or registered solicitor.

            (4)        "Applicant" means 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.

            (5)        "Application form" means a standardized form provided by the City to an applicant to be completed and submitted as part of registration.

            (6)        "BCI" means Bureau of Criminal Identification.

            (7)        "Business" means a commercial enterprise that is to be licensed by the City as a person or entity under this Title, having a fixed or temporary physical location within the City.

            (8)        "Certificate" means an annual or renewal certificate permitting door-to-door solicitation in the City applied for or issued pursuant to the terms of this Chapter.

            (9)        "Charitable activities" means advocating by persons or entities that either are, or support, a charitable organization.

            (10)      "Charitable organization" is as defined in Section 13-22-2, Utah Code (as amended), or listed in Section 13-22-8(1) thereof.

            (11)      "Competent individual" means 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.

            (12)      "Completed application" means a fully completed application form, a BCI background check, two (2) copies of the original identification relied on by the applicant to establish proof of identity, and the tendering of fees.

            (13)      "Criminally convicted" means the final entry of a conviction, whether by a plea of no contest, guilty, entry of a judicial or jury finding of guilt, or entry of a no contest, or guilty plea, which has not been set aside on appeal or pursuant to a writ of habeas corpus.  The criminal conviction is that offense to which the applicant or registered solicitor has pleaded guilty or no contest, without regard to the reduced status of the charge after completion of conditions of probation or parole, and without regard to charges dismissed under a plea in abeyance or diversion agreement.

            (14)      "Disqualifying status" means anything defined in this Chapter as requiring the denial or suspension of a certificate as set forth in this Chapter.

            (15)      "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.

            (16)      "Entity" includes a corporation, partnership, limited liability company, or other lawful entity, organization, society or association, or a natural person.

            (17)      "Fees" means the cost charged to the applicant or registered solicitor for the issuance of a certificate and/or identification badge.

            (18)      "Final civil judgment" means a civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.

            (19)      "Goods" means one or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.

            (20)      "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:

                        (a)        The means of payment or consideration used for the purchase;

                        (b)        The time of delivery of the goods or services; or

                        (c)        The previous or present classification of the solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.

            (21)      "Licensing officer" means 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.

            (22)      "No solicitation sign" means a reasonably visible and legible sign that states "No Soliciting," "No Solicitors," "No Salespersons," "No Trespassing," or words of similar import.

            (23)      "Political position" means any actually held belief or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.

            (24)      "Registered solicitor" means any person who has been issued a current certificate by the City.

            (25)      "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.

            (26)      "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.

            (27)      "Residence" means 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.

            (28)      "Responsible person or entity" means that person or entity responsible to provide the following to an applicant, 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:

                        (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.

            (29)      "Sale of goods or services" means 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 (3) days under any applicable federal, state, or local law.

            (30)      "Services" means those intangible goods or personal benefits offered, provided, or sold to a competent individual of a residence.

            (31)      "Soliciting" or "Solicit" or "Solicitation" means 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.

            (32)      "Solicitor" or "Solicitors" means a person(s) engaged in door-to-door solicitation.

            (33)      "Waiver" means the written form provided to applicant by the City wherein 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 applicant's notarized signature.

Ord. No. 07-34, Enacted, 10/4/2007

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