Chapter 5.45
RESIDENTIAL SOLICITATION
Sections:
5.45.010 Purpose.
5.45.020 Definitions.
5.45.030 Solicitation prohibited.
5.45.040 Exception for invited solicitor.
5.45.050 Exemptions from chapter.
5.45.060 Charitable exception.
5.45.070 Registration of solicitors.
5.45.080 Application for certificate – Review – Issuance – Denial.
5.45.090 Proof of identification required.
5.45.100 Registration complete with issuance.
5.45.110 Form of certificate and badge.
5.45.120 Maintenance of registry.
5.45.130 Renewal of certificate.
5.45.140 Nontransferability.
5.45.150 Deceptive soliciting practices prohibited.
5.45.160 Revocation of certificate.
5.45.170 Appeal.
5.45.180 “No Soliciting” notice.
5.45.190 Duties of solicitors.
5.45.200 Time of day restrictions.
5.45.210 Buyer’s right to cancel.
5.45.220 Penalties.
5.45.010 Purpose.
The city has an interest in protecting the well-being, tranquility, and privacy of the home. The privacy which all citizens enjoy within their own walls includes an ability to avoid intrusions and the city has a responsibility to protect citizens from such intrusions. The city also has an interest in protecting consumers from inappropriate or fraudulent practices and to protect its citizens from criminal activity such as disorderly conduct, theft, trespass and assault. The city has a responsibility to protect its citizens from actual harm as well as to protect them from potential harm which may result from unregulated door-to-door solicitation. There must be a balance of these legitimate interests of the city and the effect of the regulations on the rights of those who are regulated. Based upon the information which the city has considered, and the experience of its officers and those affected by door-to-door canvassing and solicitation, the city finds that the procedures, rules and regulations set forth in this chapter are tailored narrowly to preserve and protect the city interests referred to herein while at the same time balancing the rights of those regulated. [Code 2000 § 16-11-1].
5.45.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Home solicitation sale” means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer’s agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to preexisting open-end accounts, or a sale made between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
“Registrant” or “registered solicitor” means any person who is subject to this chapter who has obtained a valid certificate of registration from the licensing department of West Point City.
“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 West Point City.
“Soliciting” or “solicitation” means any of the following activities designed or intended to seek, obtain, promote or facilitate a home solicitation sale:
1. Seeking to obtain orders for the sale or 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 association, organization, corporation, or program;
4. Seeking to obtain orders or prospective customers for goods or services;
5. Other activities falling within the commonly accepted definition of “soliciting.”
“Solicitor” or “solicitors” means a person or persons engaged in the activities defined as “soliciting.” [Code 2000 § 16-11-2].
5.45.030 Solicitation prohibited.
Unless otherwise authorized or permitted pursuant to the terms and provisions of this chapter, the practice of being in and upon private residential property within West Point City by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise and/or services for the purpose of home solicitation sales or soliciting orders for the sale of goods, wares, merchandise and/or services, and/or for the purpose of disposing and/or peddling or hawking the same, is hereby declared to be a nuisance and is punishable as set forth in this chapter. [Code 2000 § 16-11-3].
5.45.040 Exception for invited solicitor.
The terms and provisions of this chapter shall not apply if the solicitor has been previously and specifically invited to the private residential property by the owner or occupant of the private residential property. [Code 2000 § 16-11-4].
5.45.050 Exemptions from chapter.
The terms and provisions of this chapter do not apply to persons engaged in noncommercial distribution of religious tracts and information, engaged in the door-to-door canvassing and pamphleteering as vehicles for the dissemination of ideas, or engaged in political activities as a candidate or on behalf of a candidate in a recognized state or local election. The provisions of WPCC 5.45.180 through 5.45.200 are applicable to any person otherwise exempted by this section. [Code 2000 § 16-11-5].
5.45.060 Charitable exception.
The prohibition under WPCC 5.45.030 shall not apply if the solicitor is working on behalf of a charitable organization recognized as such under regulations issued by the Internal Revenue Service pursuant to its authority created by the terms of 26 USC 501. Any solicitor claiming such exception shall provide written verification to the West Point City license officer and receive approval from such officer prior to engaging in any soliciting within the city. Such approval shall be evidenced by such documentation as determined appropriate by the license officer. The charitable exception shall apply generally to persons making solicitations for a church, religious organization or charitable organization recognized by the Internal Revenue Service as a nonprofit corporation, and shall include any unincorporated association or corporation under the supervision and control of any church, charitable organization or religious organization, if the church or organization is tax exempt under Internal Revenue Service regulations. The charitable exception shall apply to students enrolled in local schools soliciting contributions to finance extracurricular social, athletic, artistic, scientific or cultural programs; provided, that the solicitation has been approved by the school principal or superintendent of schools and such approval has been filed in writing with the West Point City license officer; provided, however, that no such solicitation is permitted if the occupant of the residence has complied with the “No Soliciting” notice provisions of WPCC 5.45.180. [Code 2000 § 16-11-6].
5.45.070 Registration of solicitors.
All persons desiring to engage in soliciting within West Point City who are not exempted as provided in this chapter shall prior to soliciting apply to the West Point City license officer for an annual certificate of registration. The certificate executed by the license officer or designee shall be maintained by the license officer and a legible copy shall be worn by the registrant at all times while soliciting. Upon request for inspection by an owner or occupant of a residence or a West Point City police officer, while engaged in soliciting the registrant shall show proof of such registration. [Code 2000 § 16-11-7].
5.45.080 Application for certificate – Review – Issuance – Denial.
A. The West Point City license officer shall provide a standard form for use for registration of solicitors. The applicant shall state upon oath or affirmation that the information is truthfully provided to the best of the knowledge and belief of the applicant. The applicant shall supply the following information and any such additional information which the license officer may include upon the application form:
1. Applicant’s true, correct and legal name, including any former names or aliases;
2. The name of any organization for which applicant will be soliciting;
3. The applicant’s home address and the address of applicant’s headquarters or place of organization contact;
4. The names and addresses of applicant’s officers and managers, if any;
5. Proof that either the applicant, or the organization for which applicant will be soliciting, has registered with the Utah State Department of Commerce;
6. A special events sales tax number for either the applicant, or for the organization for which the applicant will be soliciting;
7. The purpose for which soliciting will be done;
8. A brief description of the method of presentation that will be made;
9. Whether a permit, license or certificate of registration in connection with soliciting has ever been revoked by any jurisdiction, explaining the circumstances;
10. The applicant shall also apply to the Utah Bureau of Criminal Investigation (BCI) for a background check. This service is available at the Utah Bureau of Criminal Identification (3888 West 5400 South, Salt Lake City), Monday through Friday from 8:00 a.m. to 5:00 p.m. The applicant will deliver the findings of the background check by BCI to the license officer as part of the application process.
Receipt of the background check by the license officer shall be a condition precedent to issuance of a certificate of registration.
B. The applicant shall pay such fees as determined applicable by the city.
C. Upon review the license officer shall refuse to issue a certificate to the applicant for any of the following reasons:
1. The applicant falsified information on the application;
2. The applicant is listed as an offender on the official State of Utah Sex Offender Registry maintained by the Department of Corrections in accordance with Section 77-27-21.5, Utah Code Annotated 1953;
3. The applicant has been convicted of a felony, misdemeanor involving moral turpitude, a violation involving trafficking in controlled substances, or any violent acts against person or property, such conviction being entered within the five years preceding the date of application;
4. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application;
5. There is no proof as to the authority of the applicant to serve as an agent to the principal;
6. The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the license officer that the reasons for such earlier denial no longer exist;
7. The applicant is under 18 years of age; or
8. Any other reason rendering it manifestly inappropriate to issue a certificate. [Code 2000 § 16-11-8].
5.45.090 Proof of identification required.
No certificate of registration shall be issued to any applicant until the applicant establishes proof of identification. An applicant’s true identity shall be verified by the license officer by use of any of the following which bear a photograph of said applicant:
A. A valid driver’s license issued by any state;
B. A valid United States Uniformed Service Identification Card;
C. A valid passport issued by the United States;
D. Such other identification as the license officer may deem acceptable. [Code 2000 § 16-11-9].
5.45.100 Registration complete with issuance.
Registration shall be complete when the license officer issues the certificate of registration. Except in the case of unusual circumstances, the certificate of registration shall be issued within three business days following the applicant’s submission of a completed application and payment of fees. [Code 2000 § 16-11-10].
5.45.110 Form of certificate and badge.
A. Each certificate shall be numbered, shall list the name of the individual solicitor and of any organization on whose behalf the solicitor is authorized to solicit, the date on which the certificate expires, and shall be dated and signed by the license officer or designee.
B. Each registered solicitor shall wear prominently on his or her person a badge issued by the city with a recent photograph of the solicitor and the name and address of any entity with which the solicitor is associated. Such badge shall be worn at all times while the solicitor is engaged in soliciting.
C. All badges shall be and remain the property of the city. [Code 2000 § 16-11-11].
5.45.120 Maintenance of registry.
The license officer shall maintain and make available for public inspection a record of every application received together with any information pertaining thereto, all certificates of registration issued, and all denials of applications. Each application shall be numbered in consecutive order and each certificate issued shall be assigned a number exclusive to the registered solicitor. Every certificate renewed shall be identified with the duplicate number of the application upon which it was initially issued. The license officer shall furnish to law enforcement providers for the city a listing of all certificates issued and renewed by the city. Such list shall be maintained at the City Hall for inspection and for identification. [Code 2000 § 16-11-12].
5.45.130 Renewal of certificate.
A. A certificate shall be valid for not to exceed one year. Any certificate in good standing may be renewed for an additional period of not to exceed one year upon request of the registered solicitor and upon payment of a fee determined by the city.
B. An applicant desiring to obtain a certificate upon expiration of the one-year renewal period shall make a new application in accordance with and fulfill all of the requirements of WPCC 5.45.080. [Code 2000 § 16-11-13].
5.45.140 Nontransferability.
Certificates of registration shall be issued only in the name of the applicant and the firm, corporation or association on whose behalf the applicant is authorized to solicit. The certificate shall be nontransferable from an individual to another individual, from individual to firm, from firm to firm, and firm to individual. It shall be a violation for a solicitor whose certificate authorizes soliciting on behalf of a firm named in a certificate to solicit on behalf of any other firm, organization, or association or for any purpose other than that specified on the application. Any certificate used by a person other than the person for whom it was originally issued shall be forfeited, confiscated and immediately canceled. [Code 2000 § 16-11-14].
5.45.150 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 name and address of the entity with whom the solicitor is associated; and (3) the true purpose of the solicitor’s contact with the consumer.
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 West Point City endorses the solicitation or that the granting of a certificate of registration implies any endorsement by the city of the solicitor’s product or service or of the individual solicitor. [Code 2000 § 16-11-15].
5.45.160 Revocation of certificate.
Any certificate of registration issued pursuant to the provisions of this chapter shall be revoked by the license officer if the registrant is convicted of a violation of this chapter or otherwise becomes disqualified for the issuance of a certificate of registration. Notice of revocation shall be immediately given to the registrant by personal service or by certified mail to the address listed on the application and to the organization for which the registrant was soliciting. Immediately upon the giving of such notice, the certificate of registration shall become null and void and shall remain so unless the revocation order is rescinded. Upon revocation of any certificate the holder shall forthwith return the badge to the city. [Code 2000 § 16-11-16].
5.45.170 Appeal.
An applicant whose registration was denied by the license officer or a registrant whose certificate was revoked by the license officer shall have the right to appeal to the city council or its designee. Any appeal must be demanded in writing and sent by certified mail to the West Point city recorder with a copy to the license officer within seven calendar 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. A right of appeal is in derogation of any other rights in law or equity which the applicant may have. [Code 2000 § 16-11-17].
5.45.180 “No Soliciting” notice.
A. Any occupant of a residence desiring to secure the protection of this chapter shall give notice of a desire to refuse solicitors by displaying a placard or sign no smaller than 16 square inches stating “No Soliciting,” “No Solicitors,” “No Trespassing” or words of similar import 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 also to solicitors who are soliciting under the provisions of WPCC 5.45.050 and 5.45.060. [Code 2000 § 16-11-18].
5.45.190 Duties of solicitors.
A. Every solicitor 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 Trespassing” and “No Solicitors” signs. If such sign or placard is posted such solicitor shall desist from any efforts to solicit 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 to knock on the door, ring the door bell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a “No Soliciting” or similar sign or placard. It is a violation of this chapter for any solicitor through ruse, deception, or concealment of a purpose to solicit, to take action calculated to secure an audience with the occupant of a residence that has posted a “No Soliciting” or similar sign or placard.
C. Any solicitor who is at any time asked by the occupant of a residence or dwelling to leave shall immediately and peacefully depart. [Code 2000 § 16-11-19].
5.45.200 Time of day restrictions.
It shall be unlawful for any person, whether licensed or not, to solicit any person at a residence before 8:00 a.m. or after 9:00 p.m Mountain Time, or on legal holidays as set forth in Section 63-13-2, Utah Code Annotated 1953, unless the solicitor has express prior permission from the resident to do so. [Code 2000 § 16-11-20].
5.45.210 Buyer’s right to cancel.
In any home solicitation sale, unless the buyer requests the seller 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 1953, or a current version thereof or any state or federal law modifying or amending such provision. [Code 2000 § 16-11-21].
5.45.220 Penalties.
Any person who engages in soliciting without complying with the requirements of this chapter or violates any other terms or provisions of this chapter shall be guilty of a Class B misdemeanor and shall be punished by a fine of not to exceed $1,000 and/or a jail sentence of not to exceed six months. A second offense may be prosecuted and punished as a Class A misdemeanor. [Code 2000 § 16-11-22].