8.10.090 Off-premises canvassing

8.10.090 Off-premises canvassing.

A. Findings and Purpose. This section is based on the following findings and purposes:

a. Because of the proliferation of off-premises solicitation locations, particularly within the Sedona business district, and the fact that the volume of such activities has resulted in numerous complaints by pedestrians and tourists about the aggressive and persistent actions of such persons attempting to engage them in a conversation in order to consummate a business transaction, it is the intent of this section to preserve and protect the unique charm and small town character of the Sedona business district, which serves as a major attraction to millions of tourists each year.

b. The city is committed to maintaining its small town character, scenic beauty and natural resources, which are the foundation of its economic strength and quality of life. (Sedona Community Plan Section 9.2, Recommendations Goal 1.0). These essential components of the city’s attractiveness to residents and visitors have been severely impaired by the practice of aggressive off-premises canvassing, particularly as practiced in the central tourist destination of the Sedona business district.

c. Between 1996 and 2002, the city received copies of more than 150 written complaints as well as indications of numerous additional verbal complaints from visitors to the city regarding the aggressive off-premises canvassing activities conducted in the Sedona business district. A number of the complaining visitors described these activities as ruining the special character of the city which was their reason for visiting and expressed their determination not to return to the city because the aggressive off-premises canvassing had destroyed its attractiveness as a place to visit.

d. This section is therefore directed solely to the regulation of the time, place and manner of certain limited forms of commercial speech with the general goal of requiring that person-to-person solicitation activities initiated by businesses or their representatives and directed toward the traveling public in the Sedona business district are confined to enclosed structures or on the actual business premises of the soliciting entity. This section is not intended to regulate any form of speech other than speech designed to do no more than propose a commercial transaction. Neither is this section intended to prohibit in any way the rights of the traveling public to inquire or seek information or initiate simple transactions from outside an enclosed structure.

e. Given the unique commingling of both public and privately owned sidewalks throughout the Sedona business district which are equally accessible without restriction by tourists and pedestrians, the purposes of this section can only be made effective if the restrictions contained herein are applied to both public and private sidewalks.

2. Tourism is essential to the city’s fiscal strength. Sedona’s “friendly, small town environment” has historically played a substantial role in making it an attractive tourist destination, by making the city a “gateway community” – such as a place to which visitors may come “to escape the congestion, banality, and faster tempo of life in the suburbs and cities.” (Sedona Community Plan Update 2001-2002 Draft March 2002, Part 15.1.) In 1996, it is estimated that between $77,200,000 and $85,100,000 in retail sales was attributable to visitor spending, and taxable visitor retail, lodging, and service industry expenditures were between $138,200,000 and $152,300,000, representing over 60 percent of all taxable expenditures in these categories. In fiscal 2000-2001, the city collected approximately $1,400,000 in bed taxes and $2,900,000 in city sales tax. Tourism is also the city’s leading employer, accounting for 1,600 jobs in direct employment and 800 jobs in indirect and induced employment. (Sedona Community Plan Update 2001-2002 Draft March 2002, Part 15.1.) Because the Sedona business district is a critical component of the city’s entire sales tax base, this section is further designed to protect the economic viability of this area by ensuring a pleasurable outdoor shopping experience uninhibited by repeated personal sales solicitations for the millions of tourists which visit the area each year.

3. This section is further designed to:

a. Protect local residents and visitors against unreasonable interference or disturbance of their peace or obstruction of their free travel on city streets and sidewalks within the Sedona business district from the conduct of OPC solicitors;

b. Ensure that persons engaging in off-premises canvassing do not misrepresent the nature of the products that they are promoting or the identity of the business that is promoting the products and to provide a means for regulating such activities and enforcing the provisions of this section;

c. Establish an OPC ombudsman to assist the city and visitors in addressing and resolving complaints on OPC activities in an appropriate and effective manner.

B. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Business” means any commercial activity in which any real property, timeshare interests, goods, services or edibles are sold or offered for sale or for rent within the corporate limits of the city.

“Business agent” means the employee, representative, agent, or solicitor of any business.

“Edibles” means any food or beverage intended for human consumption.

“Enclosed structure” means a structure having a roof and supported by columns or walls. Enclosed structure does not include any sidewalks under a roofed area.

“Goods” means any tangible item, including, but not limited to, edibles, merchandise, products, supplies, coupons, pamphlets, brochures, and maps.

“Off-premises canvassing” or “OPC” means person-to-person efforts initiated by a business agent solely intended to interest, entice, or solicit any person to participate in commercial transactions with a business, including, but not limited to, offers of goods, cash, discounts on products or services, or other items, including the offering of free goods or services made in exchange for or with the intent to induce the recipient’s willingness to receive information relating to a possible commercial transaction, except when done entirely within an enclosed structure.

“OPC employer” means any business or other person who directly hires or otherwise contracts with an OPC solicitor to conduct OPC activities on its behalf.

“OPC solicitor” means any person engaged in off-premises canvassing.

“Product” means the real property, timeshare interests, goods, edibles or services sold or offered for sale or rent.

“Real property comprising the primary business of a resort or commercial lodging establishment” means only that portion of real property owned by a resort or commercial lodging establishment which is used exclusively for resort or commercial lodging activity. Such activity includes only the providing of lodging or ancillary services to the provision of lodging for the benefit of the establishment’s guests.

“Sedona business district” means that area depicted on the city of Sedona business district map.

“Sidewalk” means any outside walkway, public or private, used by pedestrians.

“Street” means all that area dedicated to public use for public street purposes and is within the jurisdiction and control of the city or the Arizona Department of Transportation and shall include, but not be limited to, public roadways, parkways and alleys.

C. Limitations on Off-Premises Canvassing Activity. No person shall engage in off-premises canvassing within the Sedona business district except on real property comprising the primary business of a resort or commercial lodging establishment.

1. It shall be unlawful for any person, company, corporation, OPC solicitor or OPC employer or entity engaged in the procurement of prospective customers for sales solicitation, presentation or substantially similar activity to identify or advertise itself by means of any sign that utilizes the following phrases or substantially similar phrases: “tourist information,” “tourist center,” “visitor information,” “information center,” “activity center,” or “activity information” unless:

a. The identity of the business is disclosed on the face of the sign in letters of sufficient size to be clearly readable to the public, but in no event less than 50 percent of the average size of the sign text, whichever is larger; and

b. The words “sales solicitation” are caused to be printed within 30 days after October 10, 2002, and thereafter remain in an unobscured manner, in at least clearly readable three-fourths-inch block letters within two feet of aforementioned signage concerning tourist or visitor information either on the doors to the building, or on the exterior wall of the building immediately adjacent to the door; or, if the business operates from a booth within another business establishment, the same shall be printed on the front panel of the booth in a location clearly and consistently visible to any persons passing by.

c. The following notice is provided in clearly visible and readable three-fourths-inch block letters on the doors of the building, or on the exterior wall of the building immediately adjacent to the doors or on any booth referred to in subsection (D)(1)(b) of this section:

Complaints or concerns about sales solicitation activity may be reported to the Sedona Sales Solicitation Hot Line by calling: 928-***-****.

(Asterisks represent a phone number to be established by the city.)

2. Such signs shall comply in all material respects with any ordinances or rules specifying signage standards within the city.

1. In addition to the provisions of any other applicable term of this article, it shall be considered unlawful and a violation of this article for an OPC solicitor to:

a. Interfere with or obstruct the free travel or passage of any pedestrian on any street or sidewalk or obstruct or otherwise impede any person’s free movement or access to or from any public street or sidewalk;

b. Throw, place or deposit solid waste, litter, paper, documents or handbills on any street or sidewalk;

c. Intentionally inflict emotional distress by verbal or physical harassment or coercion on any person;

d. Misrepresent in any way the price, quality or nature of the product being promoted;

e. Misrepresent the source or sponsor of any information offered or provided;

f. OPC solicitors shall conduct themselves in accordance with the following standards:

i. No OPC solicitor shall touch a person without consent during a solicitation;

ii. No OPC solicitor shall solicit using any offensively loud sound, vociferous speech, boisterous conduct or profane or vulgar language;

iii. No OPC solicitor shall solicit an occupant of a vehicle in a public street whether the vehicle is moving, stopped, or parked.

1. An OPC ombudsman shall be appointed by the city council to address and refer written complaints concerning OPC solicitors or activities to the appropriate party (the complained of business, the OPC review board, code enforcement, and the like) with any recommended actions.

a. Copies of any written complaints or complaints received through the solicitation hotline concerning OPC solicitors or activities received by the city shall be forwarded to the OPC ombudsman on at least a weekly basis.

b. The OPC ombudsman shall have the authority to make one of the following recommendations:

i. That the complaint appears to be without merit, frivolous or without sufficient information to decide otherwise; and that no action is recommended;

ii. That the business or entity referred to in the complaint should handle the matter and provide sufficient documentation to the OPC ombudsman that the issue was addressed;

iii. That the complaint be sent to the OPC review board for further investigation and possible action pursuant to subsection (F)(2) of this section.

c. All recommendations made by the OPC ombudsman shall be in writing and copies thereof shall be forwarded to the business that was referred to in the complaint or to the OPC employer if identified and to the city. Further, a copy of the complaint itself shall accompany the OPC ombudsman’s written recommendation that is sent to the business entity and, if possible, the OPC ombudsman shall communicate any action or resolution of the problem to the complaining party.

2. An OPC review board shall be established and appointed by majority vote of the city council for a test period of one year from date of enactment to address, review, investigate and refer written complaints concerning violations of this section related to OPC solicitors or activities to the city attorney with any recommended actions. The OPC review board shall be made up of three persons consisting of a representative from each of the following organizations: the Sedona Main Street Program; the Sedona Oak Creek Chamber of Commerce; and the Sedona Timeshare Developers. An alternate representative from the Sedona Timeshare Developers shall also be appointed and shall be from a business other than the duly appointed timeshare representative and shall serve on the board concerning any complaints that may involve the employer of the primary timeshare representative. Both the timeshare representative and his or her alternate shall be from management rather than from the front-line sales force. The city council shall receive and review input from these organizations with regard to the appointment of the OPC review board. At the end of the test period, the OPC review board may be extended for a period of time determined by majority vote of the city council.

a. The OPC review board shall have the authority to make the following recommendations:

i. That a complaint appears to be without merit, frivolous, or without sufficient information to decide otherwise; and that no action is recommended.

ii. That formal review is required according to the following procedures:

(A) The OPC review board issues a formal inquiry to the business or entity referred to in the complaint.

(B) The business or entity referred to in the complaint provides a formal answer to the OPC review board within five business days of receipt of formal inquiry.

iii. The OPC review board reviews and investigates any response received by the business or entity in question. Upon review, the OPC review board may do the following: recommend to the city attorney that no further action is necessary on the complaint; find that the business or entity referred to in the complaint handled the matter by addressing concerns to the satisfaction of the OPC review board and that further prosecution is not recommended. Notice of such recommendation shall be given to the city attorney and to the complaining party. Recommend that the complaint be forwarded to the city attorney for consideration of further action pursuant to subsections (G)(1) through (4) of this section.

3. The above procedures and any recommendations made by the OPC review board are advisory in nature and in no way limit the ultimate discretion of the city code enforcement office or the city attorney in determining whether or not to file or when to file civil or criminal charges.

1. Any responsible OPC employer and each responsible OPC solicitor shall be jointly and severally liable for any violations of this article.

2. Any violation of the terms of this article shall be punishable by a civil fine up to $500.00 per occurrence for an OPC employer, and up to $250.00 per occurrence for a responsible OPC solicitor, or in the alternative one or both parties may be prosecuted as a class 1 misdemeanor. Repeat violations within any 30-day period may be punishable by a civil fine of up to $1,000 per OPC employer violation, and $500.00 per OPC solicitor violation, or as a class 1 misdemeanor. In addition, the city may bring suit for injunctive relief where warranted.

3. The code enforcement division of the community development department is charged with the implementation and enforcement of this article.

4. Alternatively, based on a recommendation from the OPC review board or in its own discretion, the code enforcement division may provide one written warning to any offending OPC solicitor or OPC employer. [Code 2006 § 9-2-9. Ord. 2002-10, 9-10-2002; Res. 2002-24; Ord. 2003-15, 7-22-2003; Res. 2005-18, 5-24-2005; Ord. 2005-08, 6-24-2005; Ord. 2022-04 § 1, 9-13-2022; Res. 2022-27 Exh. A, 9-13-2022].