The licensing officer shall provide a standard application form for use for the registration of solicitors. Upon request to the licensing officer, or as otherwise provided, any person or entity may obtain in person, by mail, or facsimile, a copy of this application form. Each application form shall require disclosure and reporting by the applicant of the following information, documentation, and fee:
(1) Review of written disclosures. An affirmation that the applicant has received and reviewed the disclosure information required by this Chapter.
(2) Contact information.
(a) Applicant's true, correct and legal name, including any former names or aliases used during the last ten (10) years;
(b) Applicant's telephone number, home address, and mailing address, if different;
(c) If different from the applicant, the name, address, and telephone number of the responsible person or entity; and
(d) The address by which all notices to the applicant required under this Chapter are to be sent.
(3) Proof of identity. An in-person verification by the licensing officer of the applicant's true identity by use of any of the following which bear a photograph of said applicant:
(a) A valid driver's license issued by any state of the United States;
(b) A valid passport issued by the United States;
(c) A valid identification card issued by any state of the United States; or
(d) A valid identification issued by a branch of the United States military.
(4) Proof of registration with Department of Commerce. The applicant shall provide proof that either the applicant, or the responsible person or entity, has registered with the Utah State Department of Commerce.
(5) Special events sales tax number. 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.
(6) Marketing information.
(a) The goods or services offered by the applicant, including any commonly known, registered or trademarked names; and
(b) 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.
(7) BCI background check. The applicant shall provide:
(a) An original or a certified copy of a BCI background check dated within the last one hundred eighty (180) days as defined in Section 5.12.030; and
(b) A signed copy of a waiver whereby applicant agrees to allow the City to obtain a name and date of birth in order to perform a background check on applicant for purposes of enforcement of this Chapter. (See Section 53-10-108(1)(b), Utah Code (as amended)).
(8) Responses to questions regarding "disqualifying status." The applicant shall be required to affirm or deny each of the following statements on the application form:
(a) Whether the applicant has been criminally convicted of: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting an adult or minor, (iii) the sale or distribution of controlled substances, or (iv) a sexual offense of any kind;
(b) Whether there are any criminal charges currently pending against the applicant for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting an adult or minor, (iii) the sale or distribution of controlled substances, or (iv) a sexual offense of any kind.
(c) Whether the applicant has been criminally convicted of a felony within the last ten (10) years;
(d) Whether the applicant has been incarcerated in a federal or state prison within the past five (5) years;
(e) Whether the applicant has been criminally convicted of a misdemeanor within the past five (5) years involving a crime of: (i) moral turpitude, or (ii) violent or aggravated conduct involving persons or property;
(f) Whether a final civil judgment has been entered against the applicant within the last five (5) years indicating that: (i) the applicant had either engaged in fraud, deceit, false statements, dishonesty, or misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. 523(a)(2), (a)(4), (a)(6), or (a)(19);
(g) Whether the applicant, within the last five (5) years, has been enjoined by any court, or is the subject of an administrative order issued in any state, if the injunction or order includes a finding or admission of fraud, material misrepresentation, or if the injunction or order was based on a finding of lack of integrity or honesty;
(h) 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;
(i) Whether the applicant has an outstanding arrest warrant from any jurisdiction;
(j) Whether the applicant is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction; or
(k) Whether the applicant has two (2) or more convictions of or any combination of the following: Trespass, trespassery voyeurism, any property crimes, and any violation of this Chapter.
(9) Fee. The applicant shall pay such fees as set forth in the City's Consolidated Fee Schedule.
(10) Execution of application. 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.
(11) Two (2) recent photographs of the applicant, one for the identification badge and one to be kept with the application. The photographs shall reflect the current appearance of the applicant, shall be primarily of the face and shall be approximately 1 1/2" x 1 1/2" in size.
Ord. No. 07-34, Enacted, 10/4/2007