17-4-103. DEFINITIONS.
For the purposes of this Chapter, the following definitions shall apply:
(1) “Advocating” means conduct, including speech, intended to inform, promote, or support religious belief, political position, or charitable activities.
(2) “Appeals Officer” means the City Manager.
(3) “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.
(4) “Application form” means a standardized form provided by the City to an applicant to be completed and submitted as part of registration.
(5) “BCI” means an original or copy, dated no older than 180 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 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.
(6) “Certificate” means 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.
(7) “Competent individual” means a person claiming to be at least 18 years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation and conduct.
(8) “Completed application” means a fully completed application form, a BCI, two copies of the original identification relied on by the applicant to establish proof of identity and the tendering of fees.
(9) “Criminally convicted” means, for the purpose of this Chapter, the final entry of a conviction, whether by a plea of no contest, guilty, entry of a judicial or jury finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The criminal conviction is that offense of which the applicant or registered solicitor was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and specifically includes charges dismissed pursuant to a plea in abeyance or diversion agreement.
(10) “Disqualifying status” means anything specifically defined in this Chapter as requiring the denial or suspension of a certificate, and any of the following:
a. The applicant or registered solicitor has been criminally convicted of: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor or vulnerable adult, (iii) the sale or distribution of controlled substances, (iv) sexual assault of any kind, or (v) a crime involving dishonesty or false statements within the meaning of Rule 609(a)(2), Utah Rules of Evidence;
b. Criminal charges currently pending against the applicant or registered solicitor for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor or vulnerable adult, (iii) the sale or distribution of controlled substances, (iv) sexual assault of any kind, or (v) a crime involving dishonesty or false statements within the meaning of Rule 609(a)(2), Utah Rules of Evidence;
c. The applicant or registered solicitor has been criminally convicted of a felony within the last 10 years;
d. The applicant or registered solicitor has been incarcerated in a federal or state prison within the past five years;
e. The applicant or registered solicitor has been criminally convicted of a misdemeanor within the past five years involving a crime of: (i) moral turpitude, or (ii) violent or aggravated conduct involving persons or property;
f. A final civil judgment been entered against the applicant or registered solicitor within the last five years indicating that: (i) the applicant or registered solicitor had either engaged in fraud or intentional misrepresentation, or (ii) that a debt of the applicant or registered solicitor was nondischargeable 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
i. The applicant or registered solicitor is currently subject to a protective order based on actual or threatened physical or sexual abuse issued by a court of competent jurisdiction.
(11) “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.
(12) “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 current classification of the solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.
(13) “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.
(14) “Registered solicitor” means any person who has been issued a current certificate by the City.
(15) “Registration” means the process used by the City Licensing Officer to accept a completed application and determine whether a certificate will be denied, granted, or suspended.
(16) “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.
(17) “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/or 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/or
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.
(18) “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 entitled the consumer to rescind the same within three days under any applicable federal, state, or local law.
(19) “Services” means those intangible goods or personal benefits offered, provided, or sold to a competent individual of a residence.
(20) “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; and/or
f. Other activities falling within the commonly accepted definition of soliciting, such as hawking or peddling.
(21) “Solicitor” or “solicitors” means a person(s) engaged in door-to-door solicitation.
(22) “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 or delivery confirmation mail, facsimile, or hand delivery.
(23) “Substantiated report” means an oral, written, or electronic report:
a. That is submitted to and documented by the City;
b. By any of the following:
i. 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;
ii. City law enforcement or licensing officer; or
iii. Any other regularly established law enforcement agency at any level of government;
c. That provides any of the following information regarding a registered solicitor:
i. Documented verification of a previously undisclosed disqualifying status of a registered solicitor;
ii. Probable cause that the registered solicitor has committed any act set forth as a disqualifying action regardless of whether it has already been determined to be a disqualifying act;
iii. 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
iv. 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.
(24) “Vulnerable adult” means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person’s ability to:
a. Provide personal protection;
b. Provide necessities such as food, shelter, clothing, or medical or other health care;
c. Obtain services necessary for health, safety, or welfare;
d. Carry out the activities of daily living;
e. Manage the adult’s own resources; or
f. Comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
(25) “Waiver” means the written form provided to applicant by the City wherein applicant agrees that 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.