ORDINANCE NO. 11-21-2006A



AN ORDINANCE AMENDING TITLE 3, CHAPTER 1, BUSINESS LICENSING OF THE CITY CODE OF THE CITY OF CEDAR HILLS, UTAH.


BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILLS, UTAH COUNTY, STATE OF UTAH:



PART I

AMENDMENTS


SECTION 1.  Title 3, Business and License Regulations, Chapter 1, General Provisions, is hereby amended to read as follows:

 

3-1-1   TITLE: This Chapter shall be entitled THE BUSINESS LICENSE ORDINANCE OF THE CITY OF CEDAR HILLS, UTAH, and may be cited and pleaded.

 

3-1-2   PURPOSE:

 

A.        The purpose of this Chapter is to provide for the regulation of all business activities within the City where authorized by statute.

 

B.        Residents of the City have an inalienable interest in their personal safety, well-being, and privacy in their residences and throughout the community. Residents also have an inalienable interest in their ability to provide or receive information regarding matters of personal belief, political or charitable activities, and goods and services lawfully in commerce.

 

C.        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.

 

D.        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.

 

3-1-3   LICENSE REQUIRED:

 

A.        Applicability: It shall be unlawful for any person to maintain, carry on, operate, or engage in any business; or to hold itself out to the public for such purpose without first procuring a license to do so from the City. This Chapter shall apply to all persons engaged in who conduct a business operation: 1) from a structure or location within the City; 2) from a residence subject to prior approval as a home occupation; 3) from an automobile or other type of mobile unit subject to prior approval as a peddler or vendor; or 4) on foot subject to prior approval as a solicitor; provided, that the City may waive the license requirement where in the opinion of the Licensing Official the business activity qualifies as an exception, in accordance with the provision of Subsection D of this Section.

 

B.        Separate Licenses Required For Each Business: A separate licenses shall be required for each business. A business desiring to facilitate or attempt to facilitate sales with different: (i) goods or services; or (ii) responsible person or entity, from those designated in the originally submitted completed application, shall submit a new completed application for processing.

 

C.        Non-Transferability of License(s): Any license issued under the provisions of this Chapter is non-transferable. The license does not authorize any person or entity other than those identified in the application to do business in the City, nor does it authorize any other business than the business named in the license to do business.

 

D.        Exceptions: This Chapter shall not apply to:

 

            1.         Commercial activities that are of an infrequent nature and carried on at such an incidental level as to not require regulation by the City as determined by the Licensing Official.

 

            2.         Firms providing incidental delivery of goods purchased by residents from locations outside of the City. Also, wholesale firms delivering supplies and materials to established businesses within the City.

 

            3.         Agricultural enterprises producing commodities for sale on the premises.

 

3-1-4   FEES: The City may assess fees for the reasonable cost of processing the application and issuing the license and/or identification badge(s). Fees may also be assessed for the purpose of defraying costs related to regulatory costs, disproportionate costs for services and enhanced service costs. The amount of fee charged shall be set forth by resolution of the City Council. All fees shall be paid in advance at the time application is made to the Licensing Official. No fee, or any part of it, shall be refunded for any reason once registration has commenced.

 

3-1-5   PROCEDURE FOR APPLICATION, REGISTRATION AND LICENSING:

 

A.        Application For License: The Licensing Official shall consider all applications for a license, which shall be made in writing. The City shall provide a standard application for the registration of businesses. The application may be obtained in person, by mail, or facsimile. Each application must be signed, filled out completely and accompanied by the appropriate fee. Each application shall require disclosure and reporting by the applicant of the following information and documentation:

 

            1.         The name of the business.

 

            2.         Function of the business.

 

            3.         Review of Written Disclosures. An affirmation that the applicant has received and reviewed the disclosure information required by this Chapter.

 

            4.         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.

 

            5.         Proof of Identity. The applicant shall provide an identification photograph of himself or herself and appear before the Licensing Official for an in-person verification of identity. Any of the following proof of identity may be used:

 

                        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.

 

                        e.         A valid passport issued outside the United States.

 

Upon verification of identity, the original identification submitted to establish proof of identity shall be returned to the applicant.

 

            6.         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.

 

            7.         Proof of appropriate State licensing if required by the State.

 

            8.         The type of license desired.

 

            9.         Fee to be paid.

 

            10.       Execution of Application. The applicant shall execute the application, stating upon oath or affirmation, under penalty of perjury, that based on the present knowledge and belief of the applicant, the information provided is complete, truthful and accurate.

 

            11.       Such additional information as the City deems necessary for the guidance of the City in considering the application and registration of the business. Such additional information may include information regarding an applicants criminal history as further outlined in the definition of disqualifying status.

 

B.        Registration and Licensing: The registration process shall not begin unless the applicant has submitted a completed application. Within six (6) business days, the Licensing Official shall:

 

            1.         Registration.

 

                        a.         Take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted and disclosed by the applicant.

 

                        b.         Obtain a recommendation from the Chief Building Official, Zoning Administrator and/or Fire Chief after the appropriate inspection, when applicable.

 

                        c.         Accept the application or deny the application.

 

            2.         Licensing. Upon completion of registration, the Licensing Official shall issue a license.

 

3-1-6   COMPLIANCE WITH BUILDING, FIRE AND LAND USE REQUIREMENTS:

 

A.        Each place of business may be inspected by the City for compliance with building, fire, land use, and health codes prior to opening for business. No business shall be registered if the premises and/or building to be used are not in compliance with the building, fire, land use and health codes. An inspection shall be required when the general public will be entering the business, a product is produced, and/or when chemicals are located at the business.

 

B.        Inspections:  

 

            1.         Whenever inspections are required or are considered reasonably necessary to secure compliance with any provision of this Chapter or state statute or regulation, or to detect violations thereof; it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any official, officer or employee of the City, county or state who is authorized or directed to make such inspection at any reasonable time that admission is requested.

 

            2.         In addition to any other penalty that may be provided, the Licensing Official may revoke the license of any business in the City that refuses to permit any such authorized official, officer or employee to make the inspection, or interferes with such official, officer or employee while in the performance of his duty in making such inspection; provided, that no license shall be revoked under this provision unless written demand is made upon the licensee and/or person in charge of the premises, in the name of the City or the state, stating that such inspection is desired at the time it is sought to make the inspection.

 

3-1-7   TSSD APPLICABILITY: Provisions of the Timpanogos Special Service District (TSSD) shall be adhered to by any person requesting a business license. Copies of the TSSD contract and resolution are available upon request.

 

3-1-8   FORM OF LICENSE: The City shall provide a standard license for businesses. The license shall bear the name of the City and shall be dated and signed by the License Official. The license shall contain: (i) the name of the registered applicant and/or the responsible person or entity, if any; (ii) address of the registered applicant and/or the responsible person or entity, if any; and (iii) the date on which the license expires.

 

3-1-9   ACCEPTANCE OF APPLICATION: In the event the License Official registers an application for a license, the application shall be endorsed and a license shall be issued.

 

3-1-10 DENIAL, SUSPENSION OR REVOCATION OF A LICENSE OR REGISTRATION:

 

A.        Denial. Upon review, the Licensing Official shall refuse to issue a license to an applicant for any of the following reasons:

 

            1.         The information submitted by the applicant is found to be incomplete or incorrect;

            2.         Since the submission of the completed application or renewal application, the applicant is subject to a previously undisclosed or unknown disqualifying status;

            3.         Failure to complete payment of the fees; 

            4.         Since the submission of the application or granting of a license, the City has received a Substantiated Report regarding the past or present conduct of the applicant;

            5.         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

            6.         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) a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19).

            7.         Failure to allow the required inspection.

            8.         The Applicant is determined to have a Disqualifying Status as defined herein.

 

B.        Suspension or Revocation. The City shall either suspend or revoke a license when any of the reasons warranting the denial of a license occurs.

 

C.        Notice of Denial, Suspension or Revocation. Upon determination of the Licensing Official to deny an applicant’s completed application or to suspend or revoke a license, the City shall cause written notice to be sent to the applicant. The notice shall specify the grounds for the denial, suspension, or revocation; the documentation or information the City relied on to make the decision; the availability of the documentation for review by applicant upon notice to the City; and the date upon which the denial, suspension, or revocation of the license shall take effect. It shall further state that the applicant shall have ten (10) business days from the receipt of the notice of denial, suspension, or revocation to appeal the same. The denial, suspension, or revocation of the license shall be 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 license automatically results in its revocation.

 

3-1-11 APPEAL: An applicant whose license has been denied, suspended, or revoked shall have the right to appeal to the Appeals Board. Any appeal must be submitted by either the applicant, the responsible person or entity, or legal counsel for either who: (i) documents the relationship with the applicant or responsible person or entity; or (ii) 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:

 

A.        Any appeal must be submitted in writing to the City Recorder 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.

 

B.        Upon request of the applicant, the City will make available any information upon which it relied in making the determination to either deny or suspend the license.

 

C.        The Appeals Board shall review, de novo, all written information submitted by the applicant to the Licensing Official, any additional information relied upon by the Licensing Official as the basis for denial, suspension or revocation, and any additional information supplied by the City or applicant. Any additional information submitted by any party to the appeal to the Appeals Board shall be simultaneously submitted to the opposing party.

 

D.        The Appeals Board will render a decision no later than fifteen (15) calendar days or the next available City Council meeting from the date the appeal was taken, unless an extension of time is agreed upon by the parties.

 

            1.         The denial, suspension, or revocation of the license shall be reversed by the Appeals Board if upon review of the written appeal and information submitted, the Appeals Board finds that the Licensing Official made a material mistake of law or fact in denying, suspending, or revoking the applicant’s license.

 

            2.         If the written appeal and information submitted indicates that the Licensing Official properly denied, suspended, or revoked the license of the applicant, the denial or suspension of the license shall be affirmed and constitute a determination that the suspended license is revoked.

 

            3.         A written decision of the Appeals Board shall be delivered to the applicant.

 

E.        After the ruling of the Appeals Board, the applicant is deemed to have exhausted all administrative remedies with the City.

 

F.        Nothing herein shall impede or interfere with the applicant’s or city’s right to seek relief in a court of competent jurisdiction.

 

3-1-12 DISPLAY OF LICENSE REQUIRED: Every license issued under this Chapter shall be posted by the licensee in a conspicuous place, preferably upon an interior wall at the place of business, so that the same may be easily seen. Those businesses that do not maintain a permanent location or building in the City shall carry the license at all times when conducting business in the City.

 

3-1-13 ADMINISTRATION AND ENFORCEMENT:

 

A.        Administration: The License Official shall be responsible for the enforcement of this Chapter. The License Official may, on his or her own initiative, or in response to complaints referred from the general public or a City department, investigate and gather evidence of violations of the licensing provision of this Chapter or any other City ordinances.

 

B.        Nuisances: No business, whether licensed or not, shall be conducted or operated so as to amount to a nuisance. Substantiated complaints may contribute to consideration of a nuisance.

 

C.        Business To Comply With Other Ordinances: No license shall be issued for the conduct of any business, and no license shall be issued for any thing or act, if the premises and building to be used for the purpose does not fully comply with the requirements of the City Code. No such license shall be issued for the conduct of any business or performance of any act that would involve a violation of the zoning regulations of the City. Any license so issued shall be null and void.

 

3-1-14 CLASSIFICATION OF AN APPLICATION: Applications shall be public records and information contained in them shall be public except for specific items of data that the Licensing Official classifies as private, controlled, or protected consistent with the provisions of UCA, 63-2-101 et seq., Government Records Access and Management Act. The applicant’s BCI background check shall remain a confidential, protected, private record not available for public inspection. The Licensing Official may furnish to the head of the City’s law enforcement agency a listing of all applicants, those denied, and those issued a license.

 

3-1-15 MAINTENANCE OF REGISTRY: The License Official shall keep and maintain a registry containing the names of all licensees.

 

3-1-16 CITATIONS FOR VIOLATIONS: The License Official shall, in the discharge and performance of his or her official duties, have and exercise the power to issue citations for the violation of any of the provisions of this Chapter.

 

3-1-17 PENALTY: Any person, firm or corporation who operates or conducts a business within the City without having a current and valid business license, or who violates any of the provisions of this Chapter, shall be guilty of a Class B misdemeanor and, upon conviction, subject to penalty as provided in Section 1-4-1 of the City Code.

 

3-1-18 EXPIRATION OF LICENSE; CONTINUING OBLIGATION; RENEWAL: A license shall be valid for one (1) year and shall expire at midnight one year from the date issued. Renewals received after the expiration date will be subject to late fees. Any license that is not suspended, revoked, or expired may be renewed upon receipt of a completed renewal application, provided, that the conditions below are met.

 

A.        The operation of the business remains substantially the same as initially approved; and

 

B.        The business has remained in active operation as evidenced by the acquisition of a valid business license for the previous year; and  

 

C.        There are no unresolved violations of the City Code or continued, substantiated complaints; and

 

D.        No conditions for the denial, suspension or revocation of a license are present as set forth in Section 3-1-11, or a disqualifying status is present.


SECTION 2.  Chapter 1, Article A, Definitions, is hereby added to read as follows:

 

3-1A-1:           DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply:

 

ADVOCATING                                 Speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.

 

APPEALS BOARD                           The City Council of the City.

 

APPELLANT                                     The person or entity appealing the denial or suspension of a license, either personally as an applicant or registered solicitor, or on behalf of the applicant or registered solicitor.

 

APPLICANT                                      A person who is at least sixteen (16) years of age who applies for a license.

 

APPLICATION                                 A standardized form provided by the City to an applicant to be completed and submitted as part of registration.

 

B.C.I.                                                  An original or copy, dated no older than 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; 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.

 

BUSINESS                                         All activities engaged within the incorporate limits of the City, carried on for the purpose of gain or economic profit including nonprofit entities. Business includes but is not limited to the sale of intellectual or tangible personal property at retail or wholesale, the manufacturing of goods or property, and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation, or other calling. Business shall not mean the rendering of personal services by an employee to his or her employer under any contract of personal service.

 

CHARITABLE ACTIVITIES           Advocating by persons or entities that either are, or support, a charitable organization.

 

CHARITABLE ORGANIZATION   Any person that is:

 

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

                                                            B.        for the benefit of a public safety, law enforcement, or firefighter fraternal association;

                                                            C.        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.

                                                            D.        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. (Charitable Solicitation Act UCA § 13-22-2(1)(a) & (b))

                                                            E.        a student 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.

 

CITY                                                  The City of Cedar Hills, Utah.

 

COMMERCIAL VEHICLE              Any vehicle, trailer or construction equipment that is primarily used in a trade or business that bears any logo or other advertisement of a trade or business, or that is actually being used in a trade or business.

 

COMPETENT INDIVIDUAL           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.

 

COMPLETED APPLICATION        A fully completed application, a B.C.I, a copy of the original identification relied on by the applicant to establish proof of identity, and the tendering of fees.

 

CRIMINALLY CONVICTED          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 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.

 

DISQUALIFYING STATUS            Anything specifically defined in this Chapter as requiring the denial, suspension, or revocation of a license, and any of the following:

 

                                                            A.        The applicant 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 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 has been criminally convicted of a felony within the last ten (10) years;

 

                                                            D.        The applicant has been incarcerated in a federal or state prison within the past five (5) years;

 

                                                            E.        The applicant has been criminally convicted of a misdemeanor within the past five (5) years involving a crime of: (i) moral turpitude, or (ii) violent or aggravated conduct involving persons or property.

 

                                                            F.        A final civil judgment has been entered against the applicant within the last five (5) years indicating that: (i) the applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19);

 

                                                            G.        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.        The applicant has an outstanding arrest warrant from any jurisdiction; or

 

                                                            I.         The applicant is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.

 

EMPLOYEE                                      The operator, owner, or manager of a place of business and any persons employed by such person in the operation of that place of business, in any capacity, and also any salesman, agent, or independent contractor engaged in the operation of that place of business, in any capacity.

 

ENTITY                                             A corporation, partnership, limited liability company, or other lawful entity, organization, society or association.

 

FEES                                                  The cost charged to the applicant for the issuance of a license and/or identification badge, which shall not exceed the reasonable costs of processing the application and issuing the license and//or identification badge.

 

FINAL CIVIL JUDGMENT              A civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.

 

GOODS                                              One or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.

 

HOME OCCUPATION                     A business conducted out of a residential dwelling.

 

HOME SOLICITATION SALE        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.

 

LICENSE                                           A document issued by the City evidencing permission of its named holder to carry on a particular business pursuant to the terms of this Chapter.

 

LICENSEE                                         The person to whom a license has been issued pursuant to the provisions of this Chapter.

 

LICENSING OFFICIAL                    The City Recorder, City Manager, or designee responsible for receiving the completed application for registration.

 

MORAL TURPITUDE                      Of or relating to moral action and conduct; professionally right; conforming to professional standards.

 

NO SOLICITATION SIGN               A reasonably visible and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” “No Trespassing,” or words of similar import.

 

PEDDLERS                                       Any person who conducts the business of selling products from a moving vehicle or from a vehicle that continuously moves from one location to another.

 

PERSON                                            Any individual, firm, corporation, company, general or limited partnership, joint venture, business trust, receiver, club, assignee for the benefit of creditors, trustee in bankruptcy, trust, estate, foundation, association, or any other form of organization, society, or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

 

POLITICAL POSITION                    Any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.

 

REGISTERED PERSON                   Any person whose application has been accepted by the City.

 

REGISTRATION                              The process used by the Licensing Official to accept a completed application and determine whether or not a license will be issued, denied, suspended, or revoked.

 

RELIGIOUS BELIEF                        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.

 

RESIDENCE                                      Any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning regulations 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.

 

RESPONSIBLE PERSON/ENTITY That person or entity responsible to provide the following to an applicant and the competent individual to whom a sale of goods or services is made or attempted to be made:

 

                                                            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.

 

SALE OF GOODS OR SERVICES  The conduct and agreement of a business and the competent individual regarding a particular good(s) or service(s) that entitles the consumer to rescind the same within three days under any applicable federal, state, or local law.

 

SERVICES                                         Those intangible goods or personal benefits offered, provided, or sold to a competent individual.


SOLICITING or SOLICIT or

SOLICITATION or

DOOR TO DOOR SOLICITATION The practice of going upon the premises of any residence or commercial property in the City, not having been invited by the occupant thereof, for the purpose 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 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.


 

SOLICITOR(S)                                  A person engaged in solicitation.

 

SUBMITTED IN WRITING             The information for an appeal of a denial, suspension, or revocation of a license, submitted in any type of written statement to the City offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.

 

SUBSTANTIATED REPORT           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 Official; or

 

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

 

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

 

                                                                        1.         Documented verification of a previously undisclosed disqualifying status of a business;

 

                                                                        2.         Probable cause that the business has committed a disqualifying status that has not yet been determined to be a disqualifying status;

 

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

 

                                                                        4.         Probable cause that the business creates exigent circumstances that threaten the health, safety, or welfare of any individuals or entities within the City.

 

VENDOR                                           A business that is temporarily located on a site that has been approved by the City for a specific period of time.

 

TEMPORARY BUSINESS               A licensed vendor under this Chapter.

 

WAIVER                                            The written form provided to the applicant by the City wherein the applicant agrees that the City may obtain a name/date of birth B.C.I. background check on the applicant for registration under this Chapter.


SECTION 3.  Section 3-1-5 is hereby renamed Article B, Home Occupations, and amended to read as follows:

 

3-1B-1:           HOME OCCUPATIONS:

 

A.        Requirements And Conditions: Home occupations may be permitted and operated following receipt and approval of an application for such use, subject to, and in compliance with the following conditions:

 

            1.         Home occupations are listed as a conditional use in the zone.

 

            2.         The home occupation shall be conducted entirely within the living area of the dwelling and shall not be visible from outside of the structure. The home occupation shall not involve the use of any accessory buildings, garages, carports, breezeways or yard space for storage of materials or products.

 

            3.         The home occupation shall contain no facilities for the display of goods visible from outside the dwelling.

 

            4.         All residents, visitors, and employees who arrive at the home because of the home occupation shall be legally parked on the lot occupied by the residence or on that part of the street that immediately abuts the lot. All parking must comply with Title 5, Parking Regulations of the City Code.

 

            5.         No commercial vehicles shall be located on the premises, except two vehicles (not to exceed one-ton weighted rating) or trailer (not to exceed 12 feet) that is primarily used in connection with the home occupation. No on-street parking of any commercial vehicle or equipment is allowed.

 

            6.         The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the building from that of a dwelling.

 

            7.         Signs shall be limited to one nonflashing identification sign not larger in area than two (2) square feet, which shall be attached to the dwelling. No on site advertising signs shall be permitted.

 

            8.         The home occupation shall occupy an area of not more than twenty five percent (25%) of the total living area or six hundred (600) square feet, whichever is less.

 

            9.         Entrance to the home occupation from the outside shall be the same entrance normally used by the residing family; the garage door shall not be used to satisfy this requirement.

 

            10.       The activities of the home occupation shall not involve the use of materials or chemicals in amounts that will significantly increase hazards or decrease safety to the structure or occupants, or of adjacent structures or occupants. The use of mechanical or electrical apparatus, equipment or tools shall not exceed those commonly associated with residential use or home crafts

 

            11.       The operation of the home occupation shall not produce any noise, smoke, glare, light, fumes, dust, or similar condition that is readily discernable outside the dwelling or that interferes with the residential use of adjacent properties.

 

            12.       The home occupation shall not generate traffic between the hours of nine o’clock (9:00) PM and seven o'clock (7:00) A.M.

 

            13.       The physical appearance, traffic or other activities in connection with the home occupation are not contrary to the intent of the zone in which the home occupation is located and do not depreciate surrounding values.

 

            14.       All preschool, daycare, and childcare facilities shall also be required to obtain a city business license. Daycare, preschool or childcare facilities with more than four (4) children (same children) for more than four (4) hours per day shall obtain a license from the State Department of Human Services.

 

            15.       The home occupation shall not have more than two non-residing employees working at the residence.


SECTION 4.  Section 3-1-6 is hereby renamed Article C, Peddlers and Vendors, and amended to read as follows:

 

3-1C-1            PEDDLERS AND VENDORS:

 

A.        Requirements and Conditions: Peddlers and vendors may be permitted and operated following approval and registration of an application for such use and subject to and in compliance with the following conditions:

 

            1.         All businesses shall have a permanent or temporary sales tax number.

 

            2.         All employees conducting business within the City must provide current photo identification at the time of application.

 

            3.         The applicant shall provide:

 

                        a.         An original or a copy of a BCI background check for the Applicant and for all Employees of the Applicant conducting business within the City as defined in 3-1A-1 F. If the original B.C.I. background check is submitted, the Licensing Official shall make a copy and return the original to the applicant; and

 

                        b.         A signed copy of a waiver whereby applicant agrees to allow the City to obtain a name/date of birth B.C.I. background check on applicant for purposes of enforcement of this Article. (See Utah Code Ann. §53-10-108(1)(b))

 

            4.         Businesses shall only conduct business between the hours of nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M.


SECTION 5.  Article D, Solicitation, is hereby added to read as follows:

 

3-1D   SOLICITATION:

 

3-1D-1            PURPOSE:

 

A.        There must be a balance between the substantial interests of the City and its citizens, and the effect of the regulations in this Article 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 Article 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.

 

3-1D-2            NO OTHER CITY LICENSE OR APPROVAL REQUIRED:

 

A.        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.

 

B.        Any business licensed by the City under another Article 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 license, unless otherwise exempt from registration.

 

C.        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.

 

D.        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.

 

3-1D-3            EXEMPTIONS FROM ARTICLE: The following are exempt from registration under this Article:

 

A.        Persons specifically invited to a residence by a competent individual prior to the time of the person’s arrival at the residence;

 

B.        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;

 

C.        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;

 

D.        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

 

E.        Persons representing a charitable organization.


            Those Persons exempt from registration are not exempt from the duties and prohibitions outlined in Sections 3-1D-8, 3-1D-10, 3-1D-11 and 3-1D-12 while advocating or soliciting.

 

3-1D-4            SOLICITATION PROHIBITED: Unless otherwise authorized, permitted, or exempted pursuant to the terms and provisions of this Article, 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.

 

3-1D-5            APPLICATION: In addition to Section 3-1-5, Procedure for Approval or Renewal, each application shall require disclosure and reporting by the applicant of the following information and documentation:

 

            1.         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;

            2.         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.

 

            3.         BCI Background Check. The applicant shall provide:

 

                        a.         An original or a copy of a BCI background check as defined in 3-1A-1 F; 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 Article. (See Utah Code Ann. §53-10-108(1)(b))

 

            4.         Responses to Questions Regarding “Disqualifying Status.” The applicant shall be required to affirm or deny each of the following statements on the application:

 

                        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, (iv) sexual assault of any kind, or (v) a felony crime of violent or aggravated conduct involving persons or property;

 

                        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 U.S.C. § 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.

 

3-1D-6            WRITTEN DISCLOSURES: The application shall be accompanied by written disclosures notifying the applicant of the following:

 

A.        The applicant’s submission of the application authorizes the City to verify information submitted with the completed application including:

 

            1.         the applicant’s address;

 

            2.         the applicant’s and/or responsible person or entity’s state tax identification and special use tax numbers, if any;

 

            3.         the validity of the applicant’s proof of identity;

 

B.        The City may consult any publically available sources for information on the applicant, including but not limited, to databases for any outstanding warrants, protective orders, or civil judgments;

 

C.        Establishing proof of identity is required before registration is allowed;

 

D.        Identification of the fee amount that must be submitted by applicant with a completed application;

 

E.        The applicant must submit a BCI background check with a completed application;

 

F.        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;

 

G.        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 at the City offices whether or not a license is issued, denied, suspended, or revoked.

 

H.        The criteria for disqualifying status, denial, revocation, or suspension of a license under the provisions of this Chapter.

 

3-1D-7            IDENTIFICATION BADGE: The identification badge shall bear the name of the City and shall contain: (i) the name of the registered solicitor; (ii) address and phone number of the registered solicitor, or the name, address, and phone number of the responsible person or entity; (iii) a recent photograph of the registered solicitor; and (iv) the date on which the license expires.

 

3-1D-8            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; (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 identification badge and an informational flyer.

 

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 the granting of a license implies any endorsement by the City of the solicitor's goods or services or of the individual solicitor.

 

3-1D-9            “NO SOLICITATION” NOTICE:

 

A.        Any occupant of a residence may give notice of a desire to refuse solicitors by displaying a “No Solicitation Sign” that shall be posted on or near the main entrance door.

 

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 exempt from registration pursuant to the provisions of this Chapter.



 

3-1D-10          DUTIES OF SOLICITORS:

 

A.        The registered solicitor shall carry the license at all times while soliciting in the City.

 

B.        The registered solicitor shall wear the identification badge prominently on his or her person while soliciting in the City.

 

C.        Every person soliciting or advocating shall check each residence for any “No Solicitation Sign” or any other notice notifying a solicitor not to solicit on the premises. If such sign is posted such solicitor shall desist from any efforts to solicit at the residence and shall immediately depart from such property. Possession of a license does not in any way relieve any solicitor of this duty.

 

D.        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” for the purpose of engaging in or attempting to engage in advocating, a home solicitation sale, door-to-door soliciting, or soliciting.

 

E.        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.

 

F.        Any solicitor who is at any time asked by an occupant of a residence or dwelling to leave shall immediately and peacefully depart.

 

G.        The solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person’s consent.

 

H.        The solicitor shall not follow a person into a residence without their explicit consent.

 

I.         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;

 

J.         The Solicitor shall not use obscene language or gestures.

 

3-1D-11          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.

 

3-1C-12          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 that 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.



PART II

PENALTY AND ADOPTION

 

A.        CONFLICTING PROVISIONS

Whenever the provisions of this Ordinance conflict with the provisions of any other Ordinance, resolution or part thereof, the more stringent shall prevail. 

 

B.        PROVISIONS SEVERABLE

This Ordinance and the various sections, clauses and paragraphs are hereby declared to be severable.  If any part, sentence, clause or phrase is adjudged to be unconstitutional or invalid it is hereby declared that the remainder of the ordinance shall not be affected thereby. 

 

C.        AMENDMENT TO BE ADDED TO CITY CODE

The City Council hereby authorizes and directs that insert pages reflecting the provisions enacted hereby shall be made and placed in the City Code, Title 3.

 

D.        PENALTY

Hereafter these amendments shall be construed as part of the Business Licensing of the City Code of the City of Cedar Hills, Utah, to the same effect as if originally a part thereof, and all provisions of said zoning regulations shall be applicable thereto, including, but not limited to, the enforcement, violation and penalty provisions.

 

E.        EFFECTIVE DATE

This Ordinance shall take effect upon its passage and publication as required by law.


PASSED AND ORDERED POSTED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILLS, UTAH, THIS 21ST DAY OF NOVEMBER, 2006.




                                                                                                   /s/ Michael C. McGee

                                                                                                Michael C. McGee, Mayor


ATTEST:




   /s/ Kim E. Holindrake

Kim E. Holindrake, City Recorder