Chapter 7-6 PEDDLERS, ITINERANT MERCHANTS, SOLICITORS, CANVASSERS

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 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:

(1) Respecting citizen’s decisions regarding privacy in their residences;

(2) Protecting persons from criminal conduct;

(3) Providing equal opportunity to Advocate for and against Religious Belief, Political Position, or Charitable Activities; and

(4) Permitting truthful and non-misleading 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 interests referred to herein while at the same time balancing the rights of those regulated.

7-6-102 No Other City License or Approval Required.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

7-6-103 Definitions.

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

(1) “Advocating” means uninvited speech or conduct intended to inform, promote, or support Religious Belief, Political Position, or Charitable Activities.

(2) “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.

(3) “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.

(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 an original or copy, dated no older than one hundred eighty (180) days prior to the date of the Application, of either: (1) a Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to the Applicant and equivalent report prepared by the corresponding public safety agency of the applicant’s home state if the applicant is not a Utah resident; or (2) 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.

(7) “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.

(8) “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.

(9) “Charitable Activities” means Advocating by persons or Entities that either are, or support, a Charitable Organization.

(10) “Charitable Organization” includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other Entity:

A. That is:

(i) A benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;

(ii) For the benefit of a public safety, law enforcement, or firefighter fraternal association; or

(iii) Established for any charitable purpose; and

B. That is 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.

C. Charitable Organization includes 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 City or State of Utah.

(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, 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, 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 charges dismissed under a plea in abeyance or diversion agreement.

(14) “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, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.

B. Criminal charges currently pending against the Applicant or Registered Solicitor for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.

C. The Applicant or Registered Solicitor has been Criminally Convicted of a felony within the last ten (10) years;

D. The Applicant or Registered Solicitor has been incarcerated in a Federal or State prison within the past five (5) years;

E. The Applicant or Registered Solicitor 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. A Final Civil Judgment been entered against the Applicant or Registered Solicitor within the last five (5) 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 non-dischargeable in bankruptcy pursuant to 11 USC § 523(a)(2), (a)(4), (a)(6), or (a)(19);

G. The Applicant or Registered Solicitor 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 physical or sexual abuse issued by a court of competent jurisdiction.

(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.

(17) “Fees” means the cost charged to the 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 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 (1) 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.

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) “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.

(34) “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:

1. 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;

2. City law enforcement or Licensing Officer; or

3. Any other regularly established law enforcement agency at any level of government;

C. That provides any of the following information regarding a Registered Solicitor:

1. Documented verification of a previously undisclosed Disqualifying Status of a Registered Solicitor;

2. Probable cause that the Registered Solicitor has committed a Disqualifying Status which has not yet been determined to be a Disqualifying Status;

3. Documented, eye-witness accounts that the Registered Solicitor has engaged in repeated patterns of behavior that demonstrate failure by the Registered Solicitor to adhere to the requirements of this Chapter; or

4. 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.

(35) “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. 11-2011 § 3, 06/07/2011; Ord. No. 13-2011 § 1, 07/05/2011)

7-6-104 Exemptions From Chapter.

The following are exempt from Registration under this Chapter:

(1) Persons specifically invited to a Residence by a Competent Individual prior to the time of the person’s arrival at the Residence;

(2) Persons whose license, permit, certificate or registration with the State of Utah permits them to engage in Door to Door Solicitation to offer Goods or Services to an occupant of the Residence;

(3) 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;

(4) Persons advocating or disseminating information for, against, or in conjunction with, any Religious Belief, or Political Position 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

(5) 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.

Those Persons exempt from Registration are not exempt from the duties and prohibitions outlined in Sections 7-6-117, 7-6-118 and 7-6-119 while Advocating or Soliciting.

7-6-105 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 within the City by Solicitors, for the purpose of Home Solicitation Sales or to provide Goods or Services, is prohibited and is punishable as set forth in this Chapter.

7-6-106 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.

7-6-107 Application Form.

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 drivers license issued by any State;

B. A valid passport issued by the United States;

C. A valid identification card issued by any State;

D. A 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 the Applicant.

(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;

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 copy of a BCI background check as defined in Section 7-6-103(6); and

B. A signed copy of a Waiver whereby Applicant agrees to allow the City to obtain a name/date of birth BCI background check on Applicant for purposes of enforcement of this Chapter.

(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. Has the Applicant been Criminally Convicted of: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.

B. Are any criminal charges currently pending against the Applicant for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.

C. Has the Applicant been Criminally Convicted of a felony within the last ten (10) years;

D. Has the Applicant been incarcerated in a Federal or State prison within the past five (5) years;

E. Has the Applicant 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. Has a Final Civil Judgment been entered against the Applicant within the last five (5) years indicating that: (i) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the Applicant was non-dischargeable in bankruptcy pursuant to 11 USC § 523(a)(2), (a)(4), (a)(6), or (a)(19);

G. Is the Applicant 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. Does the Applicant have an outstanding arrest warrant from any jurisdiction; or

I. Is the Applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.

(9) Fee. The Applicant shall pay such fees as determined applicable by the City, which shall not exceed the reasonable cost of processing the application and issuing the Certificate and/or Identification Badge.

(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. (Ord. No. 11-2011 § 3, 06/07/2011)

7-6-108 Written Disclosures.

The Application Form shall be accompanied by written disclosures notifying the Applicant of the following:

(1) The Applicant’s submission of the Application authorizes the City to verify information submitted with the Completed Application including:

A. the Applicant’s address;

B. the Applicant’s and/or Responsible Person or Entity’s State tax identification and special use tax numbers, if any;

C. the validity of the Applicant’s Proof of Identity;

(2) The City may consult any publicly available sources for information on the Applicant, including but not limited to databases for any outstanding warrants, protective orders, or civil judgments.

(3) Establishing Proof of Identity is required before Registration is allowed;

(4) Identification of the fee amount that must be submitted by Applicant with a Completed Application;

(5) The Applicant must submit a BCI background check with a Completed Application;

(6) To the extent permitted by State and/or federal law, the Applicant’s BCI background check shall remain a confidential, protected, private record not available for public inspection;

(7) The City will maintain copies of the 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 or not a Certificate is denied, granted, or renewed.

(8) The criteria for Disqualifying Status, denial, or suspension of a Certificate under the provisions of this Chapter.

(9) That a request for a temporary Certificate will be granted or denied the same business day that a Completed Application is submitted.

7-6-109 When Registration Begins.

The Licensing Officer shall not begin the Registration process unless the Applicant has submitted a Completed Application. The original identification submitted to establish Proof of Identity shall be returned after the Licensing Officer verifies the Applicant’s identity. A copy of the identification may be retained by the Licensing Officer. If an original B.C.I. background check is submitted by the Applicant, the Licensing Officer shall make a copy of the B.C.I. and return the original to the Applicant.

7-6-110 Issuance of Certificates.

The Licensing Officer shall review the Completed Application submitted by the Applicant and issue a Certificate in accordance with the following:

(1) Temporary Certificate.

A. A temporary Certificate shall issue allowing the Applicant to immediately begin Door-to-Door Solicitation upon the following conditions:

(i) Applicant’s submission of a Completed Application;

(ii) Applicant’s submission of the required fee;

(iii) Applicant establishes Proof of Identity;

(iv) the Applicant’s representations on the Application Form do not affirmatively show a Disqualifying Status;

(v) the B.C.I. does not affirmatively show a Disqualifying Status; and

(vi) the 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.

B. A temporary Certificate will automatically expire after twenty-five (25) calendar days from issuance, or upon grant or denial of an annual Certificate, whichever period is shorter.

(2) Annual Certificate. Within twenty-five (25) calendar days of the issuance of a temporary Certificate the City shall:

A. Take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted by the Applicant, including, but not limited to those disclosed with the Application Form.

B. Issue written notice to the Applicant and the Responsible Person or Entity, if any, that the Applicant either:

(i) will be issued an annual Certificate, eligible for renewal one year from the date of issuance of the temporary Certificate; or

(ii) will not be issued an Annual Certificate for reasons cited in Section 7-6-014 of this Chapter.

(3) Renewal Certificate. An annual Certificate shall be valid for one year from the date of issuance of the temporary Certificate and shall expire at midnight on the anniversary date of issuance. Any annual Certificate that is not suspended, revoked, or expired may be renewed upon the request of the Registered Solicitor and the submission of a new Completed Application and payment of the Fee, unless any of the conditions for the denial, suspension or revocation of a Certificate are present as set forth in section 7-6-114, or a Disqualifying Status is present.

7-6-111 Form of Certificate and Identification Badge.

(1) Certificate Form. Should the Licensing Officer determine that the Applicant is entitled to a Certificate, the Licensing Officer shall issue a Certificate to the Applicant. 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 License Officer. The Certificate shall be carried by the Registered Solicitor at all times while Soliciting in the City.

(2) 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 shall contain: (a) the name of the Registered Solicitor; (b) address and phone number of the Registered Solicitor, or the name, address, and phone number of the Responsible Person or Entity is provided; © a recent photograph of the Registered Solicitor; and (d) the date on which the Certificate expires.

7-6-112 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. The Applicant’s BCI background check shall remain a confidential, protected, private record not available for public inspection. The Licensing Officer may furnish to the head of the City’s law enforcement agency a listing of all Applicants, those denied, and those issued a Certificate.

7-6-113 Non-Transferability of Certificates.

Certificates shall be issued only in the name of the Applicant and shall list the Responsible Party or Entity, if any. The Certificate shall be non-transferable. A Registered Solicitor desiring to facilitate or attempt to facilitate Home Solicitation Sales with different: (a) Goods or Services; or (b) 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 issue 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, after payment of the Fee for the Identification Badge.

7-6-114 Denial, Suspension or Revocation of a Certificate of Registration.

(1) Denial. Upon review, the Licensing Officer shall refuse to issue a Certificate to an Applicant for any of the following reasons:

A. Denial of Temporary Certificate.

(i) the Application Form is not complete;

(ii) the Applicant fails to (1) establish Proof of Identity, (2) provide a B.C.I. or (3) pay the Fees;

(iii) the Completed Application or B.C.I. indicates that the Applicant has a Disqualifying Status; or

(iv) The 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.

B. Denial of Annual Certificate.

(i) The information submitted by the Applicant at the time of the granting of the temporary Certificate is found to be incomplete or incorrect;

(ii) Since the submission of the Completed Application, the Applicant is subject to a previously undisclosed or unknown Disqualifying Status;

(iii) Failure to complete payment of the Fees;

(iv) Since the submission of the Application, the City has received a Substantiated Report regarding the past or present conduct of the Applicant;

(v) Since the submission of the Application, the City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or

(vi) Since the submission of the Application, a Final Civil Judgment has been entered against the Applicant indicating that: (I) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 USC § 523(a)(2), (a)(4), (a)(6), or (a)(19).

C. Denial of Annual Certificate Renewal.

(i) The information submitted by the Applicant when seeking renewal of a Certificate is found to be incomplete or incorrect;

(ii) Since the submission of the renewal Application, the Applicant is subject to a previously undisclosed or unknown Disqualifying Status;

(iii) Failure to complete payment of the Fees;

(iv) Since the submission of the Application or granting of a Certificate, the City has received a Substantiated Report regarding the past or present conduct of the Solicitor;

(v) The City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or

(2) Suspension or Revocation. The City shall either suspend or revoke a Certificate when any of the reasons warranting the denial of a Certificate occurs.

(3) Notice of Denial or Suspension. Upon determination of the Licensing Officer to deny an Applicant’s Completed Application or to suspend a Registered Solicitor’s Certificate, the City shall cause written notice to be sent to the Applicant or Registered Solicitor by the method indicated in the Completed Application. The Notice shall specify the grounds for the denial or suspension, the documentation or information the City relied on to make the decision, the availability of the documentation for review by Applicant upon one (1) business day notice to the City, and the date upon which the denial or suspension of the Certificate shall take effect. It shall further state that the Applicant or Registered Solicitor shall have ten (10) business days from the receipt of the notice of denial or suspension to appeal the same. The denial or suspension of the Certificate shall be effective no sooner than two (2) calendar days from the date the notice is sent, unless that suspension is because of exigent circumstances outlined in Section 7-6-103(34)(C)(4), in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, 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.

7-6-115 Appeal.

An Applicant or Registered Solicitor whose Certificate has been denied or suspended shall have the right to appeal to the City Council or its designee. Any appeal must be submitted by either the Applicant, the 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 License Officer within ten (10) 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 one business day, 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 the 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 by the City, Applicant or Registered Solicitor. Any additional information submitted by any party to the appeal to the Appeals Officer shall be simultaneously submitted to the opposing party. If desired, any party shall have three (3) business days to submit rebuttal documentation to the Appeals Officer regarding the additional information submitted by the opposing party.

(4) The Appeals Officer will render a decision no later than fifteen (15) calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits rebuttal information as allowed in Section 7-6-115(3), the fifteen (15) calendar days shall be extended to include the additional three (3) 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 that the Licensing Officer made a material mistake of law or fact in denying or suspending the Applicant or Registered Solicitor’s Certificate.

B. If the written appeal and information submitted indicates that 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 the Applicant or Registered Solicitor by the means designated in the completed Application, or as otherwise agreed upon when the Appeal was filed.

(5) After the ruling of the Appeals Officer, the Applicant or Solicitor is deemed to have exhausted all administrative remedies with the City.

(6) Nothing herein shall impede or interfere with the Applicant’s, Solicitor’s, or City’s right to seek relief in a court of competent jurisdiction.

7-6-116 Deceptive Soliciting Practices Prohibited.

(1) No Solicitor shall intentionally make any materially false or fraudulent statement in the course of Soliciting.

(2) A Solicitor shall immediately disclose to the consumer during face-to-face Solicitation; (I) the name of the Solicitor; (ii) the name and address of the entity with whom the Solicitor is associated; and (iii) 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.

(3) No Solicitor shall use a fictitious name, an alias, or any name other than his or her true and correct name.

(4) 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.

7-6-117 “No Solicitation” Notice.

(1) 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.

(2) 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.

(3) It shall be the responsibility of the Solicitor to check each Residence for the presence of any such Notice.

(4) The provisions of this Section shall apply also to Solicitors who are exempt from Registration pursuant to the provisions of this Chapter.

7-6-118 Duties of Solicitors.

(1) 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 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.

(2) 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” sign or similar sign or placard for the purpose of engaging in or attempting to engage in Advocating, a Home Solicitation Sale, Door-to-Door Soliciting, or Soliciting.

(3) 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.

(4) Any Solicitor who is at any time asked by an occupant of a Residence or dwelling to leave shall immediately and peacefully depart.

(5) The Solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person’s consent;

(6) The Solicitor shall not follow a person into a Residence without their explicit consent;

(7) 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;

(8) The Solicitor shall not use obscene language or gestures.

7-6-119 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.

7-6-120 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 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 § 70C-5-103, Utah Code Annotated, 1953, or a current version thereof or any State or Federal law modifying or amending such provision.

7-6-121 Penalties.

Any person who violates any term or provision of this Chapter shall be guilty of a Class B Misdemeanor and shall be punished by a fine of not to exceed $1,000.00 and/or a jail sentence of not to exceed six (6) months.

(Enacted by Ord No. 29-2006, 10/17/2006)

Article 2 ITINERANT MERCHANTS

7-6-201 Definition.

1. The word “person” as used in this article shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society, or any other organization.

2. The word “itinerant merchant” as used in this article shall include any person, either principal or agent, employer or employee, who engages in temporary business in the City by selling, or offering for sale, goods, wares, merchandise, produce, or things or articles of value, for a period of not more than one-hundred eighty (180) days, and who, for the purpose of carrying on such business hires, leases or occupies any room, building, structure or stand on any real property, or adjoining any street or public place in the City.

(Added in codification 1979; 1979 Code 7-6-101; formerly Section 7-6-1; amended by Ord No 7-88, 10-02, 29-2006, 32-2006)

7-6-202 License Required.

1. It shall be unlawful for any person to engage in the business of itinerant merchant as defined in Section 7-6-201 within the City without first obtaining a license therefore as provided in this Article.

2. “Lemonade Stand” exemption. The City shall not enforce the provisions of this article against a business run by any child, age 18 or under, that does not require a business license under the provisions of the Springville City Code.

(1979 Code 7-6-1-2; adopted by Ord No 7-88, amended by Ord No 10-02, 29-2006, 32-2006)

7-6-203 Application for License.

Applicants for a license under this Article must file with the License Officer a sworn application in writing on a form to be furnished by the License Officer which shall give the following information:

1. Name and description of the applicant;

2. Both local and permanent address of applicant;

3. A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant;

4. If employed, the name and address of the employer, together with credentials establishing the exact relationship, and satisfactory evidence that the applicant and/or employer is authorized to conduct business and to collect sales taxes for the sale of merchandise within the State of Utah;

5. If a vehicle is to be used, a description of the same together with license plate number or other means of identification;

6. 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 drivers license issued by any State;

B. A valid passport issued by the United States, or any foreign country;

C. A valid identification card issued by any State;

D. A 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 the Applicant.

7. A statement(s) as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore as defined in §7-6-107(8) Disqualifying Status;

8. An original copy of a background check dated no older than 180 days prior to the date of application issued by the Bureau of Criminal Identification (BCI) for the applicant and of any employee(s) of the applicant who will be selling items, except for those under the age of eighteen (18) at the time of application. A BCI background check shall not be required for succeeding and continuous years of operation, after the first year of operating the business, for any itinerant merchant who has an acceptable background check the first year and who will operate for more than 30 days.

9. At the time of filing the application, an application fee in an amount to be set by Resolution of the City Council shall be paid to the License Officer to cover the cost of investigation and the issuance of the license.

10. An itinerant merchant shall also provide a copy of a valid temporary use permit issued by the Springville City Community Development Department.

(1979 Code 7-6-103; adopted by Ord No 7-88, amended by Ord No 1-01, 10-02, 5-04, 4-06, 29-2006, 32-2006)

7-6-204 Investigation and Issuance.

1. Upon receipt of such application, the City shall take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted by the Applicant, including, but not limited to those disclosed with the Application Form

2. If, as a result of such investigation, the information submitted by the Applicant is found to be incomplete or incorrect; and/or:

a. The applicant is subject to a previously undisclosed or unknown Disqualifying Status as defined in §7-6-103 of this Title;

b. The applicant has failed to complete payment of the Fees;

c. The City has received a Substantiated Report regarding the past or present conduct of the Applicant;

d. The City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or

e. A Final Civil Judgment has been entered against the Applicant indicating that: (I) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 USC § 523(a)(2), (a)(4), (a)(6), or (a)(19).

3. If as a result of such investigation, the information submitted by the applicant is found to be complete and correct, the License Officer shall execute a license addressed to the applicant for carrying on of the business applied for and deliver to the applicant his license. Such license shall contain the signature of the License Officer and shall show the name, and address of said licensee, the type of license issued, the kind of goods to be sold thereunder, the amount of fees paid, and the expiration date of the license. This license shall also show the license number and other identifying description of any vehicle used by the licensee. The City shall issue each Itinerant Merchant an Identification Badge that shall be worn prominently on his or her person while operating their business in the City. The Identification Badge shall bear the name of the City and shall contain: (a) the name of the Itinerant Merchant; (b) address and phone number of the Itinerant Merchant, or the name, address, and phone number of the Responsible Person or Entity is provided; (c) a recent photograph of the Itinerant Merchant; and (d) the date on which the Certificate expires. The License Officer shall keep a permanent record of all licenses and identification badges issued.

4. The itinerant merchant shall also submit and receive approval from the Springville City Community Development Department for a valid temporary use permit.

(1979 Code 7-6-104; adopted by Ord No 7-88; amended by Ord No 10-02, 29-2006, 32-2006)

7-6-205 Transfer Prohibited.

No license or identification badge issued under the provisions of this article shall be used at any time by any person other than the one to whom it was issued.

(1979 Code 7-6-106; adopted by Ord No 7-88, amended by Ord No 29-2006, 32-2006)

7-6-206 Noises.

No itinerant merchant, nor any person on his behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loudspeaking or sound amplifying system upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced there from to be capable of being plainly heard upon the streets, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such license proposes to sell.

(1979 Code 7-6-107; adopted by Ord No 7-88; amended by Ord No 10-02, 29-2006)

7-6-207 Use of Streets.

1. No itinerant merchant shall have the right to any location in public streets, nor shall be permitted to operate in any congested area where such business operations might impede or inconvenience public. For purposes of this article, the judgment of a police officer or the Community Development Director, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

2. No itinerant merchant shall display any sign in the public right of way and shall only display signs as approved in the site plan by the Community Development Department.

(1979 Code 7-6-108; adopted by Ord No 7-88; amended by Ord No 10-02, 29-2006)

7-6-208 Exhibition of License.

Each licensee pursuant to this article shall be required to exhibit his license at the request of any person.

(1979 Code 7-6-109; adopted by Ord No 7-88, amended by Ord No 29-2006)

7-6-209 Enforcement by Police.

It shall be duty of any police officer of the city to require any person seen operating as an itinerant merchant, and who is not known by such officer to be duly licensed, to produce his itinerant merchant’s license and to enforce the provisions of this ordinance against any person found to be violating the same.

(1979 Code 7-6-110; adopted by Ord No 7-88; amended by Ord. No. 10-02, 29-2006)

7-6-210 Revocation.

1. Violation of any of the provisions of this article shall be grounds for denial of a license in any year subsequent to the license year in which the violations occurred.

2. Licenses issued under the provisions of this article may be revoked by the Mayor after notice and hearing, for any of the following causes;

a. Fraud, misrepresentation, or false statement contained in the application;

b. Fraud, misrepresentation, or false statement in the course of carrying on his business;

c. Any violation of this ordinance;

d. Conviction of any crime or misdemeanor involving moral turpitude;

e. Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

3. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint in the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(1979 Code 7-6-111; adopted by Ord No 7-88; amended by Ord No 10-02, 29-2006)

7-6-211 Appeal.

Any person aggrieved by the action of the City in the denial of an application for license as provided in Section 7-6-204 or in the decision with reference to revocation of a license as provided in Section 7-6-211 shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to such person’s last known mailing address, a written statement setting forth the grounds for appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the licensee in the same manner as provided in Section 211 for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive.

(1979 Code 7-6-112; adopted by Ord No 7-88, amended by Ord No. 29-2006)

7-6-212 Expiration.

All licenses under the provisions of this Article shall expire on the date specified in the license. No itinerant merchant license will be automatically renewed with the payment of a license fee; a new application must be submitted each year.

(1979 Code 7-6-113; adopted by Ord No 7-88; amended by Ord No 10-02, 29-2006)

Article 3 FOOD TRUCK BUSINESSES

7-6-301 Purpose and Intent.

Food truck businesses within public streets pose special challenges to the public health, safety and welfare of Springville City residents. It is the purpose and intent of Springville City to provide responsible companies and individuals who engage in the operation of food truck businesses with clear and concise regulations to prevent hazards to safety, traffic or health, as well as to preserve the peace, safety and welfare of the community.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-302 Definitions.

“Event permit” means a permit that a political subdivision issues to the organizer of a public food truck event located on public property.

“Food cart” means a cart:

(a) That is not motorized; and

(b) That a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.

“Food truck” means a fully encased food service establishment:

(a) On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

(b) From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

“Food truck” does not include a food cart or an ice cream truck.

“Food truck event” means an event where an individual has ordered or commissioned the operation of a food truck at a private or public gathering.

“Food truck operator” means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a food truck.

“Food truck vendor” means a person who sells, cooks, or serves food or beverages from a food truck.

“Health department food truck permit” means a document that a local health department issues to authorize a person to operate a food truck within the jurisdiction of the local health department.

“Ice cream truck” means a fully encased food service establishment:

(a) On a motor vehicle or on a trailer that a motor vehicle pulls to transport;

(b) From which a vendor, from within the frame of the vehicle, serves ice cream;

(c) That attracts patrons by traveling through a residential area and signaling the truck’s presence in the area, including by playing music; and

(d) That may stop to serve ice cream at the signal of a patron.

“Local health department” means the same as that term is defined in Section 26A-1-102, Utah Code Annotated 1953.

“Political subdivision” means:

(a) A city, town, or metro township; or

(b) A county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county.

“Temporary mass gathering” means:

(a) An actual or reasonably anticipated assembly of five hundred (500) or more people that continues, or reasonably can be expected to continue, for two (2) or more hours per day; or

(b) An event that requires a more extensive review to protect public health and safety because the event’s nature or conditions have the potential of generating environmental or health risks.

“Temporary mass gathering” does not include an assembly of people at a location with permanent facilities designed for that specific assembly, unless the assembly is a temporary mass gathering described in subsection (b) of this definition.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-303 Food Truck Business General Requirements.

(1) No food truck operator shall operate a food truck within Springville City without first having obtained a business license from the City in accordance with Title 7, Chapter 1. A food truck operator is exempt from the requirement to obtain a business license to operate a food truck within the City if the food truck operator possesses:

(a) A current business license to operate a food truck in another political subdivision within the State;

(b) A current health department food truck permit from a local health department within the State; and

(c) A current approval of a political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted in accordance with Section 11-55-104, Utah Code Annotated 1953.

(2) Food truck businesses are allowed to vend on private property in nonresidential zones with prior consent from the private property owner.

(3) Food truck businesses are allowed to operate on all City owned and operated streets within nonresidential zones, in compliance with the regulations in this Chapter, with the following exceptions:

(a) Food truck businesses shall not be allowed to park or operate on City streets during Art City Days, Heritage Days, or other City recognized festivals.

(b) Food truck businesses are prohibited from operating on highways owned by the Utah Department of Transportation, which streets include Main Street, 400 South, and 1400 North.

(4) Food truck businesses will be allowed to park at or next to a City park only with authorization from the Springville City Buildings and Grounds Director.

(5) The organizer of a food truck event may obtain the special event permit on behalf of the food trucks that service the event.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-304 Application.

(1) An application for a business license to conduct a food truck business shall be filed in writing with the Springville City Business License Office as set forth in Title 7, Chapter 1, prior to the commencement of operation.

(2) In addition to the information required by such section, the license application shall include:

(a) The name and location of the applicant’s principal place of business, or residence if no permanent place of business exists;

(b) The number of vehicles to be used in the business, a description of each vehicle, its license plate number, vehicle identification number (VIN) and proof of insurance coverage, and safety inspection;

(c) If any of the foregoing information changes, the applicant or licensee, as the case may be, shall deliver current information to the Springville City Business License Office within thirty (30) business days following the change;

(d) A valid copy of health department food truck permit, including, but not limited to, proof of business name and business owner’s or registered agent’s name as registered with the Department of Commerce; and

(e) Proof of a valid sales tax certificate from the State of Utah that includes the City of Springville as an incorporated city where business is to be conducted.

(3) (Repealed by Ord. No. 11-2017 § 1, 06/06/2017)

(4) Each applicant for a license or renewal under this Section shall submit, with the application, a certificate of insurance executed by an insurance company or association authorized to transact business in this State, showing that there is in full force and effect, for the full term of the license, general liability insurance in an amount not less than $200,000.00 for personal injury to each person, $500,000.00 for each occurrence, and $500,000.00 for each occurrence involving property damage; or a single limit policy of not less than $500,000.00 covering all claims per occurrence. Such policy or policies shall also include coverage of all motor vehicles used in connection with the applicant’s business. A current certificate of insurance shall be kept on file with the City Recorder at all times that the applicant is licensed by the City verifying such continuing coverage and naming the City as an additional insured. The certificate shall contain a statement that the City will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage. Cancellation shall constitute grounds for suspension or revocation of the license issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination.

(5) Food truck business license applicants shall complete a fire safety inspection through Springville City Fire Department that satisfies criteria established by the Utah Fire Prevention Board. The food truck business will be exempt from passing a fire safety inspection through Springville City Fire Department if the food truck business has a valid approval from another political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted during the same calendar year.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-305 License Fees.

No license shall be issued or continued in operation unless the holder thereof has paid an annual business license fee as set by the Springville City Council for each food truck business.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-306 Business Activity to Be Temporary.

(1) All business activity related to food truck businesses shall be of a temporary nature. The duration of the business activity shall not extend for more than:

(a) Twelve (12) hours within a twenty-four (24) hour period at any one (1) location, or

(b) Three (3) consecutive days within a seven (7) day period on either public or private property.

(2) All vehicles must be removed from the public right-of-way at the close of each business day.

(3) The following are exceptions to the temporary limitation of subsection (1)(b) of this section:

(a) Food truck businesses that are invited to serve a business’s employees on the business’s property for a time period less than two (2) hours at a time may do so on a daily basis; and

(b) Food truck businesses that (i) only distribute free food that is prepared in advance at a different location from where the food is distributed and (ii) does so for a period of less than two (2) hours per day may distribute food for no more than five (5) consecutive days in a seven (7) day period on either public or private property.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-307 Use of Public Right-of-Way.

Each food truck business offering food within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license and is a violation of the Springville City Code:

(1) Food truck businesses shall obey all parking and traffic regulations.

(2) Parking on a park strip or otherwise landscaped area is not allowed.

(3) Food truck businesses utilizing parking space within the public right-of-way shall park only in parallel parking spaces. Food truck businesses must be parked so that neither the vehicle nor the customers interfere with public access to adjacent parking stalls or to driveways or entrances of existing buildings or uses.

(4) The operator shall locate the vending window facing the sidewalk or on private property unless the roadway has been closed to vehicular traffic for a public event.

(5) No food truck business shall occupy required parking stalls of the primary use.

(6) The food truck business shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits sidewalk users’ free and unobstructed passage.

(7) No sales shall be made to any person standing in a roadway unless the roadway has been closed to vehicular traffic for a public event.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-308 Design and Operation Guidelines.

The food truck business shall comply with the following design and operation requirements:

(1) The food truck business shall be designed and operated in a manner so as to meet all applicable Utah County Health Department requirements relating to the handling and distribution of food.

(2) The food truck business shall not have or operate as a drive-through.

(3) All grounds utilized by a food truck business shall at all times be maintained in a clean and attractive condition. Trash containers shall be provided for use of the business patrons. If a food truck business operates on or adjacent to a public right-of-way, that vendor shall be responsible for cleaning up litter dropped or discarded onto the public right-of-way prior to leaving the location.

(4) All garbage or other refuse generated from a food truck business shall be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.

(5) The food truck business shall be kept in good operating condition and no peeling paint or rust shall be visible on business vehicles.

(6) Licensees/owners will ensure their business vehicles are at all times in compliance with all applicable laws or ordinances regulating motor vehicles.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-309 Professional and Personal Services Prohibited.

Professional or personal services shall not be provided from a food truck business.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-310 Compliance Responsibility.

All vendors are subject to Springville City sales tax for goods sold within the boundaries of Springville City. Vendors shall be required to keep accurate records of daily sales that occur within the Springville City limits. Springville City reserves the right to audit sales records. Failure to keep accurate records may result in revocation of the Springville City business license.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-311 Special and Private Events.

If the City is closing a public right-of-way to general access, either partially or fully, in order to accommodate a special event or approved private event, a food truck business may not access that right-of-way unless specifically authorized by the City.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

7-6-312 Grounds for Denial, Suspension or Revocation.

Failure to comply with the requirements of this Section shall be grounds for denial, suspension or revocation of a business license.

(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)

CHAPTER 6PEDDLERS, ITINERANT MERCHANTS, SOLICITORS, CANVASSERS, AND MOBILE FOOD BUSINESSES

7-6-101 Purpose.

7-6-102 No Other City License or Approval Required.

7-6-103 Definitions.

7-6-104 Exemptions From Chapter.

7-6-105 Solicitation Prohibited.

7-6-106 Registration of Solicitors.

7-6-107 Application Form.

7-6-108 Written Disclosures.

7-6-109 When Registration Begins.

7-6-110 Issuance of Certificates.

7-6-111 Form of Certificate and Identification Badge.

7-6-112 Maintenance of Registry.

7-6-113 Non-Transferability of Certificates.

7-6-114 Denial, Suspension or Revocation of a Certificate of Registration.

7-6-115 Appeal.

7-6-116 Deceptive Soliciting Practices Prohibited.

7-6-117 “No Solicitation” Notice.

7-6-118 Duties of Solicitors.

7-6-119 Time of Day Restrictions.

7-6-120 Buyer’s Right to Cancel.

7-6-121 Penalties.

7-6-201 Definition.

7-6-202 License Required.

7-6-203 Application for License.

7-6-204 Investigation and Issuance.

7-6-205 Transfer Prohibited.

7-6-206 Noises.

7-6-207 Use of Streets.

7-6-208 Exhibition of License.

7-6-209 Enforcement by Police.

7-6-210 Revocation.

7-6-211 Appeal.

7-6-212 Expiration.

7-6-301 Purpose and Intent.

7-6-302 Definitions.

7-6-303 Food Truck Business General Requirements.

7-6-304 Application.

7-6-305 License Fees.

7-6-306 Business Activity to Be Temporary.

7-6-307 Use of Public Right-of-Way.

7-6-308 Design and Operation Guidelines.

7-6-309 Professional and Personal Services Prohibited.

7-6-310 Compliance Responsibility.

7-6-311 Special and Private Events.

7-6-312 Grounds for Denial, Suspension or Revocation.

CHAPTER 6
PEDDLERS, ITINERANT MERCHANTS, SOLICITORS, CANVASSERS, AND MOBILE FOOD BUSINESSES