“Advocating” means speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.

“Appeals Officer” means the Mayor or Mayor’s designee responsible for receiving the information from the City and appellant regarding denial or suspension of a certificate and issuing a decision as required by this Chapter.

“Appellant” means the person or entity appealing a denial or suspension of a certificate, either personally as an applicant or registered solicitor, or on behalf of an applicant or registered solicitor.

“Applicant” means an individual who is at least sixteen (16) years of age and not a corporation, partnership, limited liability company, or other lawful entity who applies for a certificate permitting door-to-door solicitation.

“Application Form” means a standardized form provided by the City to an applicant to be completed and submitted as part of registration.

“BCI” means an original or copy, dated no older than one-hundred eighty (180) days prior to the date of the application, of either:

“Business” means a commercial enterprise licensed by the City as a person or entity under this Title, having a fixed or temporary physical location within the City.

“Certificate” means a temporary, annual, or renewal certificate permitting door-to-door solicitation in the City applied for or issued pursuant to the terms of this Chapter.

“Charitable Activities” means advocating by persons or entities that either are, or support, a charitable organization.

“Charitable Organization” includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:

“Competent Individual” means 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” means a fully completed application form, a BCI background check, two (2) copies of the original identification relied on by the applicant to establish proof of identity, and the tendering of fees.

“Criminally Convicted” means the final entry of a conviction, whether by a plea of no contest, guilty, or 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 or registered solicitor 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” means anything specifically defined in this Chapter as requiring the denial or suspension of a certificate, and any of the following:

“Door-to-Door Solicitation” means the practice 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 or facilitate a home solicitation sale, or attempting to further the sale of goods and or services.

“Entity” includes a corporation, partnership, limited liability company, or other lawful entity, organization, society, or association.

“Fees” means the cost charged to an applicant or registered solicitor for the issuance of a certificate and/or identification badge, which shall not exceed the reasonable costs of processing the application and issuing the certificate and/or identification badge.

“Final Civil Judgment” means a civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.

“Goods” means one (1) or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.

“Home Solicitation Sale” means 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 the:

“Licensing Officer” means the City employee(s) or agent(s) responsible for receiving from an applicant or registered solicitor a completed application and either granting, suspending, or denying the applicant’s certificate.

“No Solicitation Sign” means a reasonably visible and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” “No Trespassing,” or words of similar import.

“Political Position” means any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.

“Registered Solicitor” means any person who has been issued a current certificate by the City.

“Registration” means the process used by the City Licensing Officer to accept a completed application and determine whether or not a certificate will be denied, granted, or suspended.

“Religious Belief” means 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” means any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning laws of the City, together with the lot, or other real property on which the living unit is located. This does not include a sidewalk, public street, or public right-of-way.

“Responsible Person or Entity” means the person or entity responsible to provide the following to an applicant, registered solicitor, and a competent individual in a residence to whom a sale of goods or services is made or attempted to be made by means of a home solicitation sale:

“Sale of Goods or Services” means the conduct and agreement of a solicitor and a competent individual in a residence regarding a particular good(s) or service(s) that entitles the consumer to rescind the same within three (3) days under any applicable federal, state, or local law.

“Services” means those intangible goods or personal benefits offered, provided, or sold to a competent individual of a residence.

“Soliciting” or “Solicit” or “Solicitation” means any of the following activities:

“Solicitor” or “Solicitors” means a person(s) engaged in door-to-door solicitation.

“Submitted in Writing” means the information for an appeal of a denial or suspension of a certificate, submitted in any type of written statement to the City Licensing Officer by certified, registered, priority, overnight, or delivery confirmation mail, facsimile, or hand delivery.

“Substantiated Report” means an oral, written, or electronic report:

“Waiver” means a written form provided to an applicant by the City wherein the applicant agrees the City may obtain a name/date of birth BCI background check on the applicant for licensing purposes under this Chapter, and which contains applicant’s notarized signature.