AGENDA ITEM #7Consideration of Ordinance 2019-28amending the City's peddlers licenserequirements.

GRANTSVILLEORDINANCE 2019-28

AMENDING THE CITY'S PEDI)LERS LICENSE REQUIREMENTS

AN ORDINANCE TO AMEND TITLE 11, CHAPTER 2 0F THE GRANTSVILLE CITYCODE TO REQUIRE EACH PEDDLER OR SOLICITOR TO DISPLAY AN ID BADGE

ISSUED BY THE CITY

WHEREAS, the residents of Grantsville City have an inalienable interest in their

personal safety, well-being, and privacy in their residences, as well as their ability to provide orreceive information regarding matters of personal belief, political or charitable activities, and

goods and services lawfully in commerce; and

WHEREAS, the City has a substantial interest in protecting the well-being, tranquility,

personal safety, and privaey of its citizens, which includes the ability to protect citizens fromunwanted intrusions upon residential property; and

WHEREAS, the City also has a substantial interest in protecting citizens from fraud orotherwise unfair consumer sales practices as well as criminal activity; and

WHEREAS, there must be a balance between these substantial interests of the City and

its citizens, and the effect of the City's regulations on the rights of peddlers or solicitors; and

WHEREAS, the City Council hereby finds display of an identification badge by peddlers

or solicitors in the City meets this balance and promotes the general welfare of the City.

NOW THEREFORE, be it ordained by the Council of Grantsville, in the State of Utah,as follows:

SECTION I: AMENDMENT " 11 -2-1 Peddlers, Solicitors And Event License" of.

the Grantsville Municipal Code is herchy ame»ded as follows:

BEFORE AMENDMENT

11 -2-I Peddlers, Solicitors And Event License

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A. Peddlers, Solicttors: For the business of selling, offering for sale, or taking orders for orsoliciting the sale of any goods, wares, merchandise, or other person.al property, thesubject of sale or trade, whether for present or future delivery, on any street, public placeor vacant lot, or by house to house canvass, or by traveling from place to place in the city,including sales by sample and also including the soliciting of orders for future delivery of

photographs, portraits, prints, pictures, newspapers, magazmes, clothing fixtures,machines, appliances and all other articles or thing to be made, produced, combined ormanufactured, the license of things to be made, produced, combined or manufactured,the license shall be five dollars ($5.00) per person, per month, if no fixed place ofbusiness in the city. If the license has a fixed place of business in the city, then themerchant's gross sales shall apply.

8. Event License: For the business of selling, offering for sale, or taking orders for orsoliciting the sale of any goods, wares, merchandise, or other personal property, thesubject of sale or trade, whether for present or future delivery at any event, includingsales by sample and a`lso including the soliciting of orders for future delivery of

photographs, portraits, prints, pictures, newspapers, magazines, clothmg fixtures,machines, appliances and all other articles or thing to be made, produced, combined ormanufactured, the license of things to be made, produced, combined or manufactured,the license shall be twenty-five dollars ($25.00) for an event in Grantsville City and shallexpire at the end of the calendar year. Any person or business who has purchased andcan provide a copy of a current business license issued by Grantsville City, Tooele City,or Tooele County shall not be required to purchase an Event License. (Amended 11 -4-15by ordnance 2015-15)

AFTER AMENDMENT

11 -2-1 Peddlers, Solicitors And Event License

A. Peddlers Probibited - Unless otherwise authorized,permitted, or excm_p[£dp`unuant tothe terms and provisions of this chapter,±bapractice of beingjEQ[±!pg!±±j!Ii±[a±eresidence within the cit|LbyjLpeddler or solicitor, for the p!±[pose of home solicitationsales or to pEQ±[ids.goods or services,j§_prohibited and is punishable as set forth in thisEEELrm

a. B=egistration of Peddlers - Unless otherwise exempt under this chap±gI,j!|LpelsQg!sdgsi|ipgjgj2Egage in door-to-door solicitation or to enter in or u|2QELprivate residencewithin the city for the p!±Ipose of home solicitation or pedd!iQg, must comp!e±gj±E

application for peddlers license and register with the CityApeddler license shall berelmittetd in the amount of S5.00.

i Identification - The Citv shall issue each [ggistered solicitor or peddler anIdentification badge that shall be worn prominently on his or her person while soliciting

Q|pgifeg in the City. The identification badge shall bear the name of the Cityr and shallcontain,

i The name of the registered soliclitor/|2±;2= Address and phone number of the registered solicitor, or the name, address,j±g!d

phone number of the responsible person or entity;

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i A recent pbg±gg[aph of the registered solicitor;j±Bd4 The date on which the license expiles=

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burincso in the crty. If the liccn5c hu a filed plicc c,f burinc-5 in the city, then thcLmerchint'] gross oIlco ih.ll apply.Evelit License: For the business of sdling, offering forsale, or taking orders for or soliciting the sale of any goods, wares, merchandise, or other

persoml property, the subject of sale or trade, whether for present or future delivery atany event, including sales by sample and also including the soliciting of orders for futuredelivery of photographs, portraits, prints, pictures, newspapers, magazines, clothingfimires, machines, appliances and a.11 other articles or thing to be made, produced,combined or manufactured, the license of things to be made, produced, combined ormanufactured, the license shall be twenty-five dollars ($25.00) for an event in GrantsvilleCity and shall expire at the end of the calendar year. Any person or business who has

purchased and can provide a copy of a current business license issued by Grantsville City,Tooele City, or Tooele County shall not be required to purchase an Event License.(Amended 1 1 -4-15 by ordinance 2015-15)i

i Violation: Any_person or entity who violates any term or provision of this chapter shallb£.gt!iky of a class 8 misdemeanor and shall be punishable by a fine not to exceed onethousand dollars ($|,QQQ) and/or a jail sentence not to exceed six months.

SECTION 2: AMENDMENT "1 I -I -I Definitions" of the Grantsville Municipal

Code is hereby a?tte7tc!ed as fouows:

BEFORE AMENDMENT

1 1 -1 -I Definitions

A. Business: means and includes all activities engaged in within the corporate limits ofGrantsville carried on for the business of gain or economic profit, including professions,trades, occupations, and all and every kind of calling for a profit or livelihood andincludes the rental or leasing of one or more residential rental units.

8. Employee: means the operator, owner or manager of said business and any personsemployed by such person in operation of said business in any capacity and also anysalesman, agent or independent contractor engaged in the operation of said business inany capacity.

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C. Gross Revenue: means the gross receipts of the business, but shall not include: Theamount of any federal tax, except excise taxes imposed upon or with respect to retail orwholesale sales, whether imposed upon the retailer, wholesaler, jobber or upon theconsumer and regardless of whether or not the amount of federal tax is stated tocustomers as a separate charge; and the amount of net Utal` State Sales Tax. The term"gross sales" includes the amount of any manufacturer's or importer's excise tax included

in the price of the property sold, even though the manufacturer or importer is also thewholesaler or retailer thereof, and whether or not the amount of such tax is stated as aseparate charge.Person: means any individual, receiver, assignee, trustee in bankruptcy,trust, estate, firm, co partnership, joint venture, club, company, joint stock company,business trust, corporation, association, society, or other group of individuals acting as aunit, whether mutual, cooperative, fraternal, non-profit or otherwise.

D. Place of Business: as used in this chapter shall be deemed to include cafes, restaurants,

public dining rooms, cafeterias, taverns, cabarets, fraternal organizations, clubs, and anyother place where the general public is invited or admitted for business purpose.Multiple dining facilities located in one building and owned or leased and one "place ofbusiness" as herein defined. Occupied hotel and motel rooms are not open to the publicand shall be exempt from this definition (R.O.1955, Section 7-2).Permanent Building:means any structure used or intended for supporting or sheltering any use or occupaneyhaving footings and a foundation.Temporary Business: means engaging in a business ona lot without a permanent building or on a lot with a permanent building, butdisassociated with any business located within said building.

E. Residential Unit: means an apartment or place of residence and includes theappurtenances, grounds, and facilities held out for the use of a residential renter

generally, and any other area or facility provided to the renter in a rental agreement.Residential rental unit also includes an apartment located in the home of the lessor. Itdoes not include facilities contained in boarding, rooming house, or similar facility,mobile home lot, or recreational property rented on an occasional basis.

AFTER AMENDMENT

1 1 -1 -1 Definitions

A. Business: means and includes all activities engaged in within the corporate limits ofGrantsville carried on for the business of gain or economic profit, including professions,trades, occupations, and all and every kind of calling for a profit or livelihood andincludes the rental or leasing of one or more residential rental units.

8. Employee: means the operator, owner or manager of said business and any personsemployed by such person in operation of said business in any capacity and also anysalesman, agent or independent contractor engaged in the operation of said business inany capacity.

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C. Gross Revenue: means the gross receipts of the business, but shall not include: Theamount of any federal tax, except excise taxes imposed upon or with respect to retail orwholesale sales, whether imposed upon the retailer, wholesaler, jobber or upon theconsumer and regardless of whether or not the amount of federal tax is stated tocustomers as a separate charge; and the amount of net Utah State Sales Tax. The term"gross sales" includes the amount of any manufacturer's or importer's excise tax included

in the price of the property sold, even though the manufacturer or importer is also thewholesaler or retailer thereof, and whether or not the amount of such tax is stated as aseparate charge.Person: means any individual, receiver, assignee, trustee in bankruptey,trust, estate, firm, co partnership, joint venture, club, company, joint stock company,business trust, corporation, association, society, or other group of individuals acting as aunit, whether mutual, cooperative, fraternal, non-profit or otherwise.

D. Peddler and "pe±±!i]±g" means any.person who gQ£§j±pga±±apremises of an.y:j2|i±£a!£residence in the city, not having been invited by the occupant thereof,£a|ry±Eg QE

mDjpem[)g.gQed£,j][al=s, znerchandisc or persoml QB2givrfuy natue and offedng±Lsancforsale.Thisdefiritionalsoincludcsany_persoDwhosolicitsordersandasaaparite tHnffictm makes dcliveries to p]i[drfers. Peddler docs not include 1 permnwho distributes h.andbills or fly.ers for a commercial p!±|ps2ss, advertising an event,

a4i:![i±y,.gQQd,I:g!igiQE, or service that is offered for a resident to purchase or pg±ifipe±sin it a location away from his/her residence or it I time different from the dine of visit.

i Place of Business: as used in this chapter shall be deemed to include cares, restaurants,public dining rooms, cafeterias, taverns, cabarets, fraterml organizations, clubs, and anyother place where the general public is invited or admitted for business purpose.Multiple dining facilities located in one building and owned or leased and one "place ofbusiness" as herein defined. Occupied hotel and motel rooms are not open to the publicand shall be exempt from this definition (R.O.1955, Section 7-2).Permanent Building:means any structure used or intended for supporting or sheltering any use or occupancyhaving footings and a foundation.Temporary Business: means engaging in a business ona lot without a permanent building or on a lot with a permanent building, butdisassociated with any business located within said building.

F. Residential Unit: means an apartment or place of residence and includes theappurtenances, grounds, and facilities held out for the use of a residential renter

generally, and any other area or facility provided to the renter in a rental agreement.Residential rental unit also includes an apartment located in the home of the lessor. Itdoes not include facilities contained in boarding, rooming house, or similar facility,mobile home lot, or recreational property rented on an occasional basis.

SECTION 3: AMENDMENT "11 -2-2 Peddlers, Solicitors; Bond Required" of the

Grantsville Municipal Code is hereby amc).dad as follows:

BEFORE AMENDMENT

11 -2-2 Peddlers, Solicitors; Bond Required

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Every person who operates, conducts, carries on or manages the business of selling or peddling asdescribed in Section 11-2-1(A) ofthis Chapter, shall first secure a permit from the Chief of policeand a license therefore from the City Recorder and shall post a surety bond as required by thisChapter. If the licensee has a fixed place of business in the city, the permit and bond requirementsof this section shall not apply. (Amended 11 -4-15 by Ordinance 2015-15)

AFTER AMENDMENT

11 -2-2 Peddlers, Solicitors; Bond Required

Every person who operates, conducts, carries on or manages the business of seHingQifeg or

peddling as described in Scct]on 11 2 1 (A) of this gffiapter, shall fret secure a |irEpflp€Tritfrom the Chief of rtollcc and i liccnoe thcrcforc from the City P`ccc,I:cr and shall post a surrtybond as required by this rfehapter. If the licensee has a fixed place of business in the city, the

permit and bond requirements of this section shall not apply. (Amended 11 -4-15 by Ordinance2015-15)

SECTION 4: AMENDMENT "11 -2-3 Investigation of Applicant; Issuance or

Denial Of Permit; Exception" of the Grantsville Municipal Code is hereby ¢meitdcd as follows:

BEFORE AMENDMENT

11 -2-3 Investigation Of Applicant; Issuance Or Denial Of Permit; Exception

Upon receipt of an application, under the provisions of this chapter, the Chief of Police shallconduct such investigation, as he may deem proper as the character and morals of the applicantand the character of the business to be conducted. No permit shall be issued to any person whohas been convicted of a felony, petty theft or a crime involving moral turpitude. If the Chief ofPolice approves the granting of such permit, he may issue a permit to such applicant, whichlicense shall be serially numbered and shall expire on the last day of the calendar quarter year inwhich issued.

AFTER AMENDMENT

11 -2-3 Investigation Of Applicant; Issuance Or Denial Of Permit; Exception

Upon receipt of an application, under the provisions of this chapter, the Chief of Police shallconduct such inveedgation, as decned be in.}r deem proper aj the ch.ir.ctcr .nd moral of theapplmnt and the cLarLctcrfe|: ®fthe buiness to be conducted. No pcTxpedd]ers license shad beissued to any person who has been convicted of a felony, petty theft or a crime involving mora`lturpitude. If the Chief of Police approves the granting of such pefrit|ig§asg, he!b§j=ig[ may issue!bga permlt to such applicant, which license shall be serially numbered and shall include anfxpiration datecxpin on the last day of the calcndrr qunlTtcr ycu in which ijjucd.

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SECTION 5: AMENDMENT "11 -24 Revocation of permit" of the GrantsvilleMunicipal Code is hereby ame7tded as follows:

BEFORE AMENDMENT

11 -2-4 Revocation Of Permit

The Chief of Police may revoke any permit issued under the provisions of the preceding sectionwhen the permitted is violating or attempting to violate any law of the State, any ordinance ofthe City, any provision of the preceding sections or the rules and regulations issued by the Chiefof Police governing the conduct or operations of the permitted. The Chief of Police shall forwardwritten notice of such revocation to the Recorder.

AFTER AMENDMENT

11 -2-4 Revocation Of Permit

The Chief of llolicctry may Tevo[e any pemit issued undcl. the provirions of thi=j:hap|=p

prcccding Ji]edcin when the pemitted is viohting or attcmpdng to violate any hw of the Sute,any ordinance of the City, any provision of the preceding sections or the rules and regulationsissued by the Cir)hief of Police governing the conduct or operations of the perhitted. The CrtyRccorderhicf of rlolicc 8ball forward when hotice of such revocation to the fir)r Attorney:jindthe MayQ-.

SECTION 6: AMMENDMENT "11 -2-5 Bond" of the Grantsville Municipal code is

herchy amc7tdcd as follows:

11-2-5 Bond

BEFORE AMENDMENT

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At the time of filing with the Chief of Police and application for permit and license number underthe provisious of the preceding sections, each applicant shall file and thereafter maintain with therecorder, a good and sufficient bond in the aggregate sum of two hundred fifty dollars ($250.00)

payable to the City for the use and benefit of interested person and parties, executed by theapplicant and by two (2) or more responsible sureties, who are residents and householders of theCity or a surety company authorized to do business in the state, to be approved by the taxcollector. Any person who sustains any injury by such bond may in addition to any other remedythat they may have, bring an action in their own name upon such bond to the recovery of anydamage sustained by them. Upon such action being commenced, such bond shall not be voidupon first recovery thereon, but may be sued upon from time to time until the whole of such

penalty shall be exhausted. The recorder may in their discretion require the filing of a new bond.Such solicitor shall file a new bond and upon falure to file the same within ten ( 10) days in eithercase, the recorder shall forthwith suspend such solicitor's license.

AFTER AMENDMENT

11 -2-5 Bond

At the time of filing with the Ciryhicf of Police and appl]catioh for p=:=it :I,da_peddlers licenseI,-ii=LL=r -mder the provrsious of thiidrpiffc prcccding scction5, each applicant shall file andthereafter maintain with the firy Recorderrccc,r€cr, a good and sufficient bond in the aggregatesum of two hundred fifty dollars ($250.00) payable to the City for the use and benefit ofinterested person and parties, executed by the applicant and by two (2) or more responsiblesureties, who are residents and householders of the City or a surety company authorized to dobusiness in the state, to be approved by the{ir)( tax coucctor. Any person who sustains any injuryby such bond may in addition to any other remedy that they may have, bring an action in theirown name upon such bond to the recovery of any damage sustained by them. Upon such actionbeing commenced, such bond shall not be void upon first recovery thereon, but may be suedupon from time to time until the whole of such penalty shall be exhausted. The firy_fRecordermay in their discretion require the filing of a new bond. Such peddler or solicitor shall file a newbond and upon failure to file the same within ten (10) days in either case, the Bfecorder shallforthwith suspend such sc,licitcr'speddlers license.

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PASSED AND ADOPTED BY THE GRANTSVILLE COUNCIL

AYE NAY AB SENT AB STAIN

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Jewel AllenNeil Critchlow

Krista Sparks

Scott Stice

]effHutchins

Presiding Officer

Brent K. Marshall, Mayor, Grantsville

Attest

Christine Webb, City RecorderGrantsville