HomeMy WebLinkAbout140 - 09/02/2025 - AMENDING ARTICLE IV OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE DOOR-TODOORORDINANCE NO. 140, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 15 OF THE CODE OF
THE CITY OF FORT COLLINS TO UPDATE THE DOOR-TO
DOOR SOLICITATION PE RMITTING PROCESSES
A.In 1938, the City Council adopted Ordinance No. 002, 1938, prohibiting
solicitors from going in or upon private residences, public buildings and offices in the City,
and declaring such practice to be a nuisance.
B.In 1972, the City Council adopted regulations relating to solicitation at a
private premises for the purpose of immediate or future sale of goods, services, or
anything of value in Chapter 15, Article IV, Division I, of the City Code (the "Code").
C.In 1994, in response to survey results and input from citizens, City Council
approved by adoption of Ordinance No. 041, 1994 the repeal and reenactment Sections
15-106 through 15-108 of Article IV, Division 1 of the Code, with revised language that
was intended to better protect the privacy and safety interests of the citizens of the City.
D.In 2002, the City Council further amended Section 15-106, by adoption of
Ordinance No. 098, 2002, to clarify that the prohibition of door-to-door solicitation applied
only to residential premises, unless a "no trespassing" or "no solicitation" sign was posted
at or near the entrance of a business premises.
E.On May 27, 2011, the City's prohibition on commercial door-to-door
residential solicitation was updated and replaced with the current permit system to
regulate such solicitation by City Council adoption of Ordinance No. 060, 2011, reflecting
evolving First Amendment jurisprudence.
F.The current door-to-door solicitation permit system remains an effective
regulatory scheme; however, the permits pursuant to Code are issued to individual
solicitors, which is inconsistent with other types of City licensing or permitting processes
which require a business owner to be responsible for the regulatory compliance of its
employees, representatives, or agents.
G.A review of the current door-to-door solicitation permit system also
demonstrates opportunities to create administrative efficiencies and savings by shifting
primary responsibility for compliance on business owners.
H.Council concludes that amendments to align the requirements of Article IV,
Division 1 of the Code with other City licenses and permits will consistency in City
regulation, efficient use of public resources, and continuation of the program to serve the
privacy and safety interests of City residents.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
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FORT COLLINS that Chapter 15, Article IV, Division 1 of the Code of the City of Fort
Collins is hereby amended to read as follows:
ARTICLE IV.
AUCTIONS, SPECIAL SALES AND
SOLICITATIONS
Division 1
Door-to-Door Solicitation
Sec. 15-106. Title; purpose.
(b)The provisions of this Division are intended to balance the First Amendment rights
of residential solicitors in the City with the privacy, safety, health and welfare, of the City
residents by:
(1)Requiring all commercial solicitors to conduct any door-to-door residential
solicitation within the City pursuant to a permit and in compliance with this Division;
Sec. 15-107. Definitions.
The following words, terms and phrases, when used in this Division, shall have the
meanings ascribed to them in this Section:
Door-to-door commercial solicitation means attempting to make personal contact with a
resident at their residence, without prior specific invitation by or appointment with the
resident, for the primary purpose of:
Door-to-door noncommercial solicitation means attempting to make personal contact with
a resident at their residence, without prior specific invitation by or appointment with the
resident, for the primary purpose of:
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Sec. 15-109. No-solicitation list for commercial solicitations.
(a)Any owner or lawful occupant of any residence within the City who wishes to
prohibit door-to-door commercial solicitation at their residence may register the address
of such residence with the City by completing a form prepared by the Financial Officer,
which form may be submitted to the City either in person, by mail, or on the City's website.
Such registration shall take effect thirty (30) calendar days after the dale of the City's
receipt of the registration form.
Sec. 15-110. Permit required for all commercial solicitors.
(b)All permits shall be issued in the name of the applicant. It shall be the sole
responsibility of the permit holder to:
(1)Provide a copy of the permit to each person authorized to engage in
solicitation under the permit;
(2)Ensure that each person authorized to solicit under the permit is wearing a
visible identification badge with the name of the employer, permit holder, or
commercial business represented; and
(3)Ensure that each person authorized to solicit under the permit complies with
the terms and conditions of the permit and with the provisions of this Division;
(c)The Financial Officer shall, within ten (10) business days of the City's receipt, via
mail or in person, of a complete application for a permit under this Division, issue such
permit, unless the Financial Officer determines that the permit application is denied under
the criteria staled in § 15-115.
Sec. 15-111. Application contents; fees.
(a)Each person applying for a door-to-door commercial solicitation permit shall file
with the Financial Officer an affidavit on a form supplied by the Financial Officer staling:
(1)The full name, business address and business telephone number of the
applicant;
(2)Information regarding the business as required by the Financial Officer,
including, without limitation, its legal status and proof of registration with, or a
certificate of good standing from, the Colorado Secretary of State;
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(3)A brief explanation of the nature of the solicitation activity that requires a
permit under this Division;
(4)If the applicant is a foreign corporation or an employee of such corporation,
the name, address and telephone number of an agent for process residing in the
state;
(5)Proof that the applicant has obtained a valid City sales and use tax license;
(6)Any other information determined to be relevant by the Financial Officer.
(b)At the time of application, each applicant shall pay a nonrefundable fee in an
amount determined by the Financial Officer to be sufficient to defray the costs incurred
by the City in processing the application.
Sec. 15-112. Duration of permit; renewal.
(b)Any permit holder wishing to renew a permit issued under this Division must apply
for the renewal of the permit no less than thirty (30) days prior to the expiration of its term.
If a permit holder fails to apply for such renewal within said thirty (30)-day period of time,
the permit will expire. The nonrefundable renewal fee for each permit holder shall be
determined by the Financial Officer in an amount sufficient to defray the costs incurred by
the City in processing the renewal app lication.
Sec. 15-114. Reserved
Sec.15-115. Denial of permit.
The Fi nancial Officer shall deny an application for a permit or any renewal of a permit
under this Division if the Financial Officer determines that the applicant has:
(1)Made any material misrepresentation or false statement in the application
for the permit; or
(2)Failed to obtain a sales and use tax license as required by the City or to
remit any sales tax due the City.
Sec. 15-117. Reserved
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Sec. 15-120. Reserved
Sec. 15-121. Suspension, revocation or nonrenewal of permit.
After written notice of no less than ten (10) calendar days and a hearing if requested in
writing by the permit holder within twenty (20) calendar days after the date of the mailing
of such notice, the Financial Officer may suspend and revoke the permit of any permit
holder or if the permit holder or its commercial solicitors have engaged in any unlawful
solicitation. The grounds for such suspension or revocation may include, but shall not be
limited to, the follo wing:
(1)Fraud, misrepresentation or false statement in the application for the permit
or any renewal application, including, without limitation, representations made as
to the criminal history of any person to be authorized to solicit under the permit;
(2)Failure to obtain a sales and use tax license as required by the City or to
remit any sales tax due the City;
(3)Failure to supervise solicitation conducted under the permit so as to
reasonably ensure that such solicitation is in compliance with the terms and
conditions of the permit and with the provisions of this Division; or
(4)Authorizing, condoning or knowingly tolerating any unlawful solicitation or
any solicitation conducted in such a manner as to constitute a menace to the
health, safety or general welfare of the public.
In the event the alleged conduct that is the basis for the suspension or revocation of the
permit is the subject of a pending criminal or non-traffic civil citation, the Financial Officer
may either defer their decision regarding suspension or revocation until such citation has
been resolved or immediately proceed with the foregoing administrative action prior to the
resolution of such citation.
Sec. 15-122. Emergency summary suspension of permit.
(a)If reasonable grounds exist to believe that the permit holder or its commercial
solicitors have engaged in illegal activity such that the public health, safety or welfare
imperatively requires emergency action, the Financial Officer may summarily suspend the
permit issued under this Division pending the outcome of the proceedings set forth in §
15-120 or§ 15-121 above, as applicable.
(b)The temporary suspension of a permit without notice pending a hearing shall be
for a period not to exceed fifteen (15) days.
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Sec. 15-123. Reserved
Sec. 15-124. Reserved
Sec. 15-125. Reserved
Sec. 15-126. Appeal.
An applicant may appeal any decision relating to the applicant's permit by the Financial
Officer or hearing officer to the City Manager in accordance with Chapter 2, Ar ticle VI of
the City Code. The City Manager's decision is final and not subject to further appeal.
Sec. 15-128. Vio lations and penalties.
In addition to the revocation, suspension or denial of a permit issued under this Division,
any applicant, permit holde r, or solicitor who violates any of the provisions of this Division,
and any person who violates§§ 15-108, 15-109, 15-115 or 15-117, shall be guilty of a
misdemeanor punishable in accordance with § 1-15.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
ATTEST:
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
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