Deceptive Soliciting Practices Prohibited
- No solicitor shall intentionally make any materially false or fraudulent statement in the course of soliciting.
- A solicitor shall immediately disclose to the consumer during face-to-face solicitation;
- The name of the solicitor;
- The name and address of the entity with whom the solicitor is associated; and
- The purpose of the solicitor's contact with the person and/or competent individual. This requirement may be satisfied through the use of the badge and an informational flyer.No solicitor shall use a fictitious name, an alias, or any name other than the solicitor's true and correct name.
- No solicitor shall represent directly or by implication that the granting of a certificate of registration implies any endorsement by the City of the solicitor's goods or services or of the individual solicitor. Chapter 6.09.160
"No Solicitation" Notice
- Any occupant of a residence may give notice of a desire to refuse solicitors by displaying a "No Solicitation" sign which shall be posted on or near the main entrance door or on or near the property line adjacent to a sidewalk leading to the residence.
- 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.
- It shall be the responsibility of the solicitor to check each residence for the presence of any such notice.
- The provisions of this Section 6.09.170 shall apply also to solicitors who are exempt from registration pursuant to the provisions of this Chapter. Chapter 6.09.170
Duties of Solicitors
- Every person soliciting or advocating shall check each residence for any "No Soliciting" sign or placard or any other notice or sign notifying a solicitor not to solicit on the premises, such as, but not limited to, "No Solicitation" signs. If any such sign or placard is posted, the solicitor shall desist from any efforts to solicit at the residence and shall immediately depart from such property. Possession of a certificate of registration does not relieve a solicitor of this duty.
- A person soliciting or advocating shall not knock on a door, ring a doorbell, or in any other manner attempt to attract the attention of an occupant of a residence that bears a "No Solicitation" sign or similar sign or placard for the purpose of engaging in or attempting to engage in advocating a home solicitation sale, door-to-door soliciting, or soliciting.
- A solicitor shall not, through ruse, deception, or fraudulent concealment of a purpose to solicit, take any action calculated to secure an audience with an occupant at a residence.
- A solicitor, who is at any time asked by an occupant of a residence to leave, shall immediately and peacefully depart.
- A solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person's consent.
- A solicitor shall not follow a person into a residence without the person's explicit consent;
- A solicitor shall not continue repeated soliciting after a person or competent individual has communicated clearly and unequivocally the person's lack of interest in the subject, goods or services of the solicitor.
- A solicitor shall not use obscene language or gestures. Chapter 6.09.180
Time of Day Restrictions
It shall be unlawful for any person, whether licensed or not, to solicit at a residence before 9:00AM or after 9:00PM Mountain Standard Time, unless the solicitor has express prior permission from the resident to do so.Chapter 6.09.190
Buyer's Right to Cancel
In any home solicitation sale, unless the buyer requests the solicitor to provide goods or services without delay in an emergency, the seller or solicitor shall present to the buyer and obtain buyer's signature to a written statement which informs the buyer of the right to cancel within the third business day after signing an agreement to purchase. Such notice of "Buyer’s right to cancel" shall be in the form required by Section 70C-5-103, Utah Code Annotated, or a current version thereof, or any state or federal law modifying or amending such provision. Chapter 6.09.200
Any person who violates any term or provision of this Chapter shall be guilty of a class B misdemeanor and shall be punished by a fine of not to exceed $1,000.00 and/or a jail sentence of not to exceed six (6) months. Chapter6.09.210