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CHAPTER 06 Title 4 Door to Door Sales CHAPTER 6 DOOR TO DOOR SOLICITATION SECTION: 4-6-1: Purposes 4-6-2: Definitions 4-6-3: Door to Door Sales License Required 4-6-4: Door to Door License Fee 4-6-5: Door to Door License Applications 4-6-6: Background Investigation 4-6-7: Door to Door Sales Badge 4-6-8: Term of License 4-6-9: Door to Door Sales Prohibited on Posted Properties 4-6-10: Door to Door Sales – Grounds for Revocation of License 4-6-11: Hours of Door to Door Sales 4-6-12: License Nontransferable 4-6-13: Penalty 4-6-1: PURPOSE: The purpose of this Chapter is as follows: A. To protect the citizens from fraud, crime and unfair, deceptive or dishonest business practices by persons temporarily engaged in the business of selling goods, wares, merchandise and services within the City; and B. To protect the residents of the City from unwanted intrusions in the privacy of their homes. 4-6-2: DEFINITIONS: The following words or phrases used in this Chapter are defined as follows: DOOR TO DOOR SALES PERSON: Any person engaged in the soliciting of residents for order or donations of any goods, wares, merchandise or services. POSTED RESIDENCE OR BUSINESS: For the purposes of this Chapter, a residence or business is "posted", if a "No Solicitors," or other similar sign, is prominently displayed at or near the primary entrance to the premises or at the entryway of the property. 4-6-3: DOOR TO DOOR SALES LICENSE REQUIRED: No person shall engage in the solicitation of residences within the City without first obtaining a door to door sales license. EXCEPTIONS: The door to door licensing requirements of this Chapter shall not apply to the following: A. The sale of goods, wares, merchandise or services by any student group or religious, philanthropic or charitable organization exempt from taxation under 26 U.S.C. Section 501 and which has a local charter or sponsor located in the City; B. Dissemination of political campaign materials, the exercise of political franchise, or campaign activities, voter registration activities. Door to Door Solicitation Page 1 of 4 Adopted 7-12-2018 C. Proselytizing or dissemination of religious faith or view point or the solicitation of contributions or donations by a religious faith organization qualified under 26 USC Section 501. D. Advertisements left at or posted on the premise (door hangers). 4-6-4: DOOR TO DOOR LICENSE FEE: The door to door sales license fee shall be the fee for background investigations as determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-6-5: DOOR TO DOOR LICENSE APPLICATIONS: Applications for a door to door sales license shall be in writing on a form furnished by the City and shall be filed with the City Clerk. Applications shall contain the following information: A. The applicant/business name, physical and mailing addresses of the applicant/business; B. Name of business and business address of product or service supplier (where applicable); C. A copy of the applicant’s current driver’s or other official identification as determined acceptable by the City Clerk; D. A description of the goods or services to be sold; E. A statement of whether the applicant has had any business license revoked within the past five (5) years by any jurisdiction, and if so, where, when and why the revocation occurred; F. The applicant's social security, or state identification number; G. A statement of whether the applicant has been convicted of any crime other than a minor traffic violation, and if so, the nature, place and date of each such offense (within the past five (5) years); H. A statement of all locations in the City where the goods, wares, merchandise or services will be sold; I. Additional information required within the application provided to applicant by the City may include, but not be limited to, the applicant’s phone number, mobile number, email address and documentation for the required background check. 4-6-6: BACKGROUND INVESTIGATION: A. In order to determine the suitability of a prospective applicant for a door to door sales license, the City shall require a background history check of all persons upon submission of application, no applicant shall be issued a door to door sales license if the applicant has; 1. Been convicted of any felony, in any jurisdiction, within five (5) years prior to the date of the application; 2. Been granted a withheld judgment for any felony, within five (5) years prior Door to Door Solicitation Page 2 of 4 Adopted 7-12-2018 to the date of the application; 3. Has any business-related permit or license revoked by any jurisdiction within five (5) years prior to the date of the application; 4. Been found to have made a false statement on the application; 5. Been convicted or granted a withheld judgment for any felony or misdemeanor involving battery or domestic violence within ten (10) years prior to the date of the application; 6. The applicant has been convicted or granted a withheld judgment for any crime involving the sale, possession, or use of a controlled substance or the unlawful use or possession of drug paraphernalia, within five years prior to the date of the application. B. The City Clerk or their authorized agent shall submit background check inquiries to the necessary agency. C. No temporary license shall be issued for door to door sales applicants. Licenses shall only be granted after all required documentation and background information has been received and confirmed. 4-6-7: DOOR TO DOOR SALES BADGE: A. Upon completion and approval of the application, a door to door sales badge shall be issued to the applicant. The sales badge shall contain the following: 1. Picture of applicant. 2. Name of applicant. 3. Phone number of applicant. 4. Date license issued. 5. Date license expires. 6. Type of product of service being sold. B. The door to door sales badge shall be on the person and in full view at all times during door to door solicitations. Failure to wear the badge may result in revocation of the door to door sales license and badge. C. It shall be a violation of this chapter and code for any person licensed as a door to door sales person to refuse to provide a resident or business the information contained on the badge. Failure to provide the information on request or failure to wear the badge may result in revocation of the door to door sales license and badge. 4-6-8: TERM OF LICENSE: The door to door sales license shall expire one (1) year from the date of issue, unless another date is endorsed on the license (badge) by the Clerk. 4-6-9: DOOR TO DOOR SALES PROHIBITED ON POSTED PROPERTIES: Any door to door sales person who sells or solicits orders for the sale of goods, services, food or beverage at any posted residence or business without prior invitation by the occupant thereof, shall be guilty of a misdemeanor. Door to Door Solicitation Page 3 of 4 Adopted 7-12-2018 4-6-10: DOOR TO DOOR SALES GROUNDS FOR REVOCATION OF LICENSE: The City Clerk may revoke a door to door sales license for any of the following reasons, subject to reinstatement by action of the City Council: A. The licensee engages in any fraudulent, deceptive or unlawful business practice in connection with licensee's business; B. False statements on the license application; C. The licensee violates any provision of this Chapter; D. Revocation by any jurisdiction of any other business related license or permit held by licensee; E. The licensee is convicted in any jurisdiction of any felony or crime of moral turpitude; F. Failure to comply with the provisions of this Chapter; G. Repeated documented complaints (either in written or oral) from citizens of the community about the actions of a person engaged in door to door sales; H. The City Enforcement Officer and/or any Bonneville County Sheriff’s Officer may suspend and make a recommendation to the City Council the revocation of any person found to be in violation of any of the above grounds for revocation. 4-6-11: HOURS OF DOOR TO DOOR SALES: Door to door solicitation shall not be permitted prior to 9:00am or after 8:00pm on any day. 4-6-12: LICENSE NONTRANSFERABLE: Licensees shall not allow their license to be used by any person. Licenses issued under the regulations of this chapter shall be nontransferable and non-assignable. 4-6-13: PENALTY: Any violation of the provisions of this chapter shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Door to Door Solicitation Page 4 of 4 Adopted 7-12-2018