020 of 1983 - Amendment of Chapter 17 Title 20 - Solicitation Peddling [KRF-F
���',r ED 0 83-9
SALT LAKE CITY ORDINANCE
Bill No. 20 of 1983
(Solicitation, Peddling, Etc.)
AN ORDINANCE AMENDING CHAPTER 17 OF TITLE 20 OF THE REVISED
ORDINANCES OF SALT LAKE. CITY, UTAH 1965 AS AMENDED, BY AMENDING
SECTIONS 20-17-33, 20-17-34, 20-17-35, 20-17-36, 20-17-37, 20-17-
38, AND 20-17-39 AND BY ADDING THERETO NEW SECTIONS 20-17-40, 20-
17-41 AND 20-17-42, RELATING TO SOLICITATION, PEDDLING, ETC.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 17 of Title 20 of. the Revised
Ordinances of Salt Lake City, Utah 1965 as amended, be amended by
amending Sections 20-17-33, 20-17-34, 20-17-35, 20-7-36, 20-17-
37, 20-17-38, and 20-17-39 and by adding thereto new Sections 20-
17-40, 20-17-41 and 20-17-42, relating to solicitation, peddling,
etc. , as follows:
Sec. 20-17-33. Definitions. For the purpose of sections
2.0-17-33 through 20-17-42, the following words and phrases shall
be defined as follows:
(a) "Mayor" means the duly elected, or appointed, and
qualified chief executive and administrative officer of Salt Lake
City, or the Mayor's authorized representative.
(b) "Participant" means a temporary merchant, not licensed
as such, participating in a sales event.
(c) "Person" means an individual, a co-partnership, firm,
corporation or association.
(d ) "Sales event" means where two or more temporary
merchants, not more than one of whom is licensed as a temporary
merchant, display any goods, wares or services at a location in
Salt Lake City for the purpose of sale or soliciting orders to be
filled in the future, for financial gain or profit.
(e) "Temporary merchant" is any person, whether a resident
of Salt Lake City or not, who within the limits of Salt Lake
City:
( 1 ) Engages in a temporary business of selling and/or
delivering goods, wares or services, or who conducts
meetings open to the general public where franchises,
distributorships, contracts or business opportunities are
offered to the public; or
( 2 ) Sells, offers or exhibits for sale any goods ,
wares or services, franchises, distributorships, contracts
or business opportunities during the course of, or any time
within six months after, a lecture or public meeting
pertaining to said goods , wares, services, franchises,
business opportunities, contracts or distributorships.
The foregoing notwithstanding , a temporary merchant, for the
purposes of this section, shall not include the following:
( 1 ) A person who shall occupy any business
establishment for the purpose of conducting a permanent
business therein; provided, however, that no person shall be
relieved from the provisions of this chapter by reason of a
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temporary association with any local dealer, trader,
merchant or auctioneer, or by conducting such temporary or
transient business in connection with, as a part of or in
the name of any local dealer, trader, merchant or
auctioneer; or
( 2 ) Any sales of merchandise damaged by smoke or fire,
or of bankrupt concerns, where such stock has been acquired
from a merchant or merchants of Salt Lake City regularly
licensed and engaged in business; provided, however, no such
stock of merchandise shall be augmented by new goods ; or
( 3 ) A person who sells his or her own property which
was not acquired for resale, barter or exchange and who does
not conduct such sales more than twice during any calendar
year; or
( 4 ) Art exhibits, where participating artists sell
their original works and which do not contain any sale [s] of
art work purchased or taken on consignment and held for
resale, providing said art exhibits are sponsored by a
local , responsible organization.
( 5 ) A nonprofit corporation as defined herein.
( f) "Temporary merchant sponsor" means any person who
leases or rents a building or portion of a building for the
purpose of conducting a sales event with two or more
participants.
(g ) "Nonprofit corporation" means a corporation which is
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not designed to and does not pay any dividends on invested
capital.
Sec. 20-17-34. Temporary merchant license required . It
shall be unlawful for any person to engage in, carry on or
conduct the business of a temporary merchant in Salt Lake City
without first obtaining a license
Sec. 20-17-35. License fee. The license fee for engaging
in, carrying on or conducting business as a temporary merchant
shall be the sum of two hundred dollars per day, payable in
advance, for each day such business shall continue.
Sec. 20-17-36. Participant license required . A participant
shall not be required to obtain the _license required by section
20-17-34 , but it shall be unlawful for a participant to transact
any business at a sales event without obtaining a license
therefor and without acting under a licensed temporary merchant
sponsor.
Sec. 20-17-37. Participant license fee. The license fee
for a participant shall be $10 for each sales event, payable in
advance.
Sec. 20-17-38. Temporary merchant sponsor license
required. It shall be unlawful for any person to act in the
capacity of a temporary merchant sponsor in Salt Lake City
without first obtaining a license.
Sec. 20-17-39 . Temporary merchant sponsor license fee. The
license fee for a temporary merchant sponsor shall be $100 per
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day, payable in advance, for each day a sales event is conducted
by said sponsor. A licensed temporary merchant is exempt from
the requirement of this section.
Sec. 20-17-40. Information required. A temporary merchant
sponsor or a licensed temporary merchant must submit to the
license department, at least 15 days prior to a sales event, the
following information:
( a) A list of all participants, including their names and
addresses.
(b) Location of the sales event.
(c) Dates of commencement and termination of the sales
event.
(d ) In the event the temporary merchant sponsor or a
licensed temporary merchant shall desire to add additional
participants after the above information has been submitted to
the license department, said sponsor or merchant must notify the
_license department and update the list of participants.
Sec. 20-17-41. Hearing by Mayor to determine identity. In
case an applicant shall claim to be a permanent merchant and is
required to take out a license upon the ground that the applicant
is a temporary merchant, the license department shall so notify
the applicant in writing; and in case the applicant shall deny in
writing that he, she or it is a temporary merchant within the
terms of section 20-17-33 (e) , the license department shall submit
to the Mayor the denial of the applicant. Whereupon the Mayor
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shall notify such applicant in writing that on a day and at a
time and place therein mentioned the Mayor shall take up for
hearing the question as to whether the applicant is or is not a
temporary merchant, at which time and place the applicant may
appear to be heard.
At the time and place named in said notice the Mayor shall
take up said matter and shall determine said question upon the
facts presented and shall enter an order according to the Mayor's
judgment upon the facts so presented. If it shall be determined
that the applicant is a temporary merchant, the applicant shall
pay the license fee provided in Section 20-17-35 or, in lieu of
payment of the license fee, the applicant may give a corporate
surety bond to Salt Lake City in the penal sum of two thousand
dollars, to be approved by the Mayor, to secure the payment of
the license fee required in the event the applicant fails to
become a permanent merchant. If the applicant remains in
business in Salt Lake City for six months, the applicant shall be
deemed a permanent merchant and the bond shall thereafter be of
no force and effect.
Sec. 20-17-42. Each sale without a license a separate
offense. The sale of each article by a temporary merchant, a
temporary merchant sponsor or a participant without a license
therefor shall be a separate offense under, and a separate
violation of, this chapter.
SECTION 2 . This Ordinance shall take effect upon its first
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publication.
Passed by the City Council of Salt Lake City , Utah,
this 19th day of April 1983 .
CHAIRMAN
ATTEST:
CAT`1Z kT RD 8 R
Transmitted to the Mayor on April 19, 1983
Mayor 's Action: April 19, 1983
OR
ATTEST:
I Ty R9CaADER
cc69
(SEAL)
BILL 20 of 1983
Published: May 4, 1983
—7—
Affidavit of Publication
STATE OF UTAH,
Ss.
County of Salt Lake
SALT LAKE CITY ORDINANCE c B+uNo 21irI982 Debra Miller
PtJ ORDINANCAudi.,FiieG CHA Etc.) OF Tll'LL"Zfl�
.............................................
OF THE REVISED ORDINANCES OF SALT LAKE CITY.UTAH�
,VfS AS AMENDED,BY AMENDING SECTIONS 2i} -M 20A1
34,20-17-35,20-17-M,2P17-37,20-17-38,AND 20-171 AND xY r'
ADDING THERETO NEW SECTIONS 20-11-aD,2rF17M11 ANU 20- Being first duly sworn,deposes and says that he is legal
1742,RELATINGTO bY WCityTAbiofEDDLING,ETC.
SECTION it 1:tl That Calpter l]of Tihe halo of the Bevrse00r0i advertising clerk of the DESERET-NEWS, a daily
Han,5 or Salt Lake CIN.Utah
1965 as amemted be amended hY ,y
winfSof"'a"C"Y'Utauuz 17-35,zo-1i-3a,zo-,)-37,o- (except Sunday) newspaper printed in the English
17.and 2U77.39 and bV adding thereto new Secflons X17 A0,20 t
1]-Ah and&17742,mating 10 solicitation,Peddling,etc.:a ral.I language with general circulation in Utah, and
Iow'Sec.2,,l,,3.Definitions.Far me WfPOre o1 sections 20-11.33 published in Salt Lake Cit
though 20-17.d8�me following words and Pbrascs shpu I,e.di ,y, Salt Lake County, In the
a.+ones: m lir State of Utah.
la)"4g1Yor"means lire Ani,elected,or orceiMMsla.I ,1
fied chiebeketa i¢antl atln ive tfnisrrm officur of Salt Lak 1,,
e ily,
or the MSy9 uMnnzed renresenfative.
lie Patiemam"meansafempn'" '"er<"a"''"°'°°e^�' That the legal notice of which copy is attached hereto
c1 '111 garilm toasaeseYem. b' 8
s(<I Person•• divlauah co-naersh a rtniu,lirn,,
t ion carpora .,essocidhgi. n
d) ^sales eyenf"..an.wnere/.roWa or m,xe lemPa— Pub. Ordinanc rrxrnrants,not more than one of whiom 5 rtetcedtempo-; e Bill No. 20 Of 1983
raft men,han,display any goods,I— or,4akV��00..�at o la arlan
in Sax Lake Ckv f0{Hp W rgose of safe.fe$g{ICIt'ep.afdar s to h ...............................................................................................................
Ii11ad in lhC futpgorfea,.br flndn<ial gdin ar pM(rt.r'
of Snit'Lake Oil ry rtfer dent is any celtgn, hEr a resident
vwnof.w�owimin the lien Ot$a Make ctv: ......._..........
(l)Engagr0,ijn.0.temporary busine59:0f:991m all S, df- """""""""""'...............................
livefing F."
P"War09sh c of who crib lCt9lneenn9.OPn.
to bUr.19nenar0 R\D r�Cb eiefranchises,
offe(M toinnpUbill �'ips,contracts
or e35 appM1
f21 Sexs,'oNisrt ore ibifs for sa1C°nY 4.,ware.or ..........._...............................................................
...................................
—ices,franfjxgps disitl fof5hlps,CaOtrw S or busmcs.oP
ill iiias during Mae tarrse r er any.tame wahln six 1n:mens poi
after,a IectUle Or panne meeting Mrialnine\o said gaud.,war",,
.ervi—francnisos,business w—bohnies,contracts ar tlisrriMr .....................
rershins.-the for—Ins relwnhsfanamg,a tamwar,—heM. ..........................................................................................
for the purposes°f mis section,shall not include the fallowing:
rot th())A oars°°who shall xcupv anv husinoss eslablishm,int
nor— r canduch a ors"Poenr brrsirkss(herein;
provided,Iwwever,that no Person shall be relieved from he vrn- ""................ ....................
......................................
..........
visions of this,irapfer by reasal of a temporary as—m ion with
any local dealer,trader,me,canf or auMica—or by cond,rct
mn such temporary or transient busirxss in coneort—with,as a w'd s published in said newspaper a Darr of.1 in the name :ee of any, l d m ealar,trader, erchant orp•per on.........................
auctioneer;or
fz)Am sales or meresochSdamaged nv.make or rear 4, 1983
of merchant
t or merchants
where such stock has been acquired Tram a May
merchant or mercanls of Salt Lake very ruguWrly licensed ands ..........................................
such stack n1 ................................................
ergap in business;provided,awever,na inOr .........
chantlise shell be augmented by new goods:or `
(3)A Person was sells his or her own nroM!rtY vR,icb was
not acqulfed lot resale,barter or exchange and who dues iof e(�t/� Q /r
conduct such sates more than twice during any cateMar year:or "'""""'"""""""""""" Y —� .Y'�--LIC�
td)Art exhibits,where partichnstlnif artists sell their ori,n
n t works and Whin,do not canlaln any le(s)of art work put- Legal Advertising Clerk
chased or taken an consianment and held far resale,providing
said art exhibits am span—ed b,a local,reseensible oganiva
tiro.
1"en arsforclantp spedefinednnipin.
(s orrenbsory ld'.orM sponsor•means av the n who Bfore me this....19th
of odd.IIissaie.aPsImwitthhVeormmria°frtirm�nis pnfm e day of
.........................................
M"Nor it cor—ante"rMarS a cUrWrariOn whlfh is net
deso,ad to and does not pay any dlVider,as 00 invested capdal, A.D.19.....
be pniawful for an U.y Person rarro merchant aasenu<�on or.,Jot OIL .......... 83..
business of a hsohno rY merchant in Sall Lake Clly witlou,firs,
obtainim a h ense.
Sec.1M11]-35. nductih,,barnessic.a\emlwaraiYgmerchrni
sh.11 the sumtof two"Wed dollars x day,"'Venle in ad
notrSm.20-1ch tlaYsuch b,ntnesss reoinmd. At fax time antl mace no,
be :.;ids:,micr rl:r Mavnr 1mI
Sec.Iuhred to. ObtaiWM license mauled d.A section
shah
bR it
t0Shelf be,unlawful if d pn me i art ipam to frrabsact anav—inessd lads on so and Shull deer:nil,e,aid q.:,;non upon Hx .......................
at solos event wi11oM obtaining a license mvelor and wimnut 'ulg nr u tl shall enter n der for:ling to Mayors'
fed hc rxis w prMk�nteQ If if yrall„date otary public actl Sec.2eranomaetennWarvmerdran,so,"sot. iwyr ttx appGcanr is a rempor In merchant,me applicant shad Sec.71F1)-37-be-
Participant license fee.Tne license fee Iona the license fee provided I Section ht,fin20T7- or,in lieu M I erticlpanlshall be fl0 breach sales event,pavabl0 in advance. paYmenl pf me license fce,x,e applicant may give a corporate
Siff.20-1735.Temporary merchant sponsor license required. ty Fspod ro Salf Lake Cf1Y in me penal win of Iwo.1paaod.
If Sall be unlawful nor any person to air in the capacity of a Dollars,to r»apnrovod by the MaYar,to secure f payment of
remparary merchant sponsor in Sall Lake City without first W the liceme fce required in fed even,ice applicant fails to become
mirm9aliwrte, per'mace.t merchant.If Ilx aPplicanr remains in business in
Sec.nl1 39.TemDorarV merchant`pansor lice...fee.The 5alt Lake Cifv for siz months,tfre applicant salt be o'n a
license fee for a temporary merchant sponsor sob M$100 pxx permanent merchanh antl H,e fend shall thereafter be oIf —f no force)
day:Payable in Soi-xe,for each day a sales want is canduclyd red affect.
by said sjoanser.A licensed temporary merchant is Ckemnr rrnin. Sec.2rF1)-d2.Eacn sale wimouf a license a separate offense,
the requirement of missection. The sale W each article by a temporary rrksrI 1 a temporary
Sac.20-17-10.Information required.A lemporary, hi nt read,sponsor or a Pa'rticipaM without a license therefor snail
Inonae or a licensed temporary merchant must submit to to heed separate oNensC urger,and is separate_violation M,mis
Ilcense department,at(Oast 15 days prior to a sales event,If,, hamer. _
tollowinglnformation: m SECTION 2 This Ordinanc,shall take fled upon ifs lirsll
(a)A list of all Participants,ododlna their Pe es ant ad P.bhcan.
dresse77rs. Passed by the City Council of Sall Lake City,Utah,This 191h1
(b)potence of IN sales suet and terminaion of the sales d°y of April,l9&1.
C ° t G Mabev�
ev (d)m\he event Me temporary n chant j°°nsur or li ATTEST: CHAIRMAN
<errsM remneris"rnerchaM shall desire to add additional varl,ci- Kathryn Marshall
pants after the above information has been submitted to the li- CITn RECORDER
cu departrnenr,said sponsor ar merchant must notify the li TransmiT, to the Mayor on Avril 19,19g3
enSL-art—anduptlate ttx list of 1,rlicipants. Mayor's Action:Apr'ri 19.I%
Sec.20-I]dl.Hearme by Mayor to a"b""irx Mimi In eau Tad Vil lwn
n PPlicarx shall claim to be a Permanent merchant and is re- MAVOk:
a led he take out a licercc upon the gloated that the aDPlicanf is ATTEST:Kai-2 Marshall
a temWrarV merchant,the license department salt so notify to I CITY RECORDER
DDhcant in writing;antl in CdsC fed dPPlirAnf Shall dE.Y In Wrir L`l
rq that
he,she or It is a tem.,a"rne"hi within me terms at )IS E A LI
section 20-17-33(e),the lI".0 doper moil,f Al:,uhmi;Ie tax BILL 20o119M
ayor Me denial of the aPintranl Volb—,pw,me rnavon shah, I PUbishedi Mn,,.
Pcity t3,applicant ifir:P that ,daV ar,J al a h-and 1 B-M1l
lace therein men\ionvvi the M:rvar Shall r.,ke on ter he.:'nu m: '
question as to whether iM Dldii nnf i is Iaf a r:mroran'
be hock of hiCn Rine did plarc tali apridlcan!ne:v aVPwv b
Hann 3sn