Legal Documents of Gatlinburg

1. Because of the proliferation of off-premises solicitation and individuals acting as acquisition agents within the Gatlinburg Commercial Aesthetic District (hereinafter "CA 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 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 City of Gatlinburg CA District, which serves as a major attraction to millions of tourists each year.
2. 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. The downtown area in particular has been recommended to be designated a scenic and landscape resource of significance ("SLRS") (Saratoga Report 2007). These essential components of the city's attractiveness to residents and visitors have been severely impaired by the practice of aggressive off-premises canvassing and acquisition agents, particularly as practiced in the CA District.
3. Between 2006 and 2008, the city received copies of more than eighty (80) written complaints as well as innumerable verbal complaints from visitors, tourists, business owners and citizens regarding the off-premises canvassing and the aggressive tactics of acquisition agents within the CA 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 and acquisition agents had destroyed its attractiveness as a place to visit.
4. The ordinance set forth in this section is therefore directed solely to the regulation of the time, place and manner of certain limited forms of commercial speech by acquisition agents and acquisition agent firms directed towards visitors, tourists and residents within the CA District. The ordinance set forth in this section is not intended to regulate any form of speech other than speech designed to do no more than propose a commercial transaction.
5. Given the unique commingling of both public and privately owned sidewalks throughout the CA District which are equally accessible without restriction by tourists and pedestrians, the purposes of the ordinance set forth in this section can only be made effective if the restrictions contained herein are applied to both public sidewalk and the front yard setback of ten feet (10') used by pedestrians and identified in the City of Gatlinburg Zoning Ordinance.

1. Protect local residents and visitors against unreasonable interference or disturbance in their peace or obstruction of free travel on city streets and sidewalks within the CA District from the conduct of acquisition agents;
2. Insure that acquisition agents do not misrepresent the nature of the products 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;
3. Establish an acquisition agent review board to assist the city and visitors in addressing and resolving complaints related to acquisition agent activities in an appropriate and effective manner.

1. 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 fifty percent (50%) of the average size of the sign text, whichever is larger; and
2. The words "vacation ownership solicitation" are caused to be printed and thereafter remain in an unobscured manner, in at least clearly readable three-fourths inch (3/4") black letters within two feet (2') of the aforementioned signage concerning tourist or 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; and
3. The requirements for signage in subsections (a) and (b) shall take effect one hundred and twenty (120) days after the enactment of this ordinance.

An acquisition firm may license as many acquisition agent locations as it desires, however, each acquisition firm shall be prohibited from operating more than three (3) locations within the CA District of Gatlinburg at any given time.

The acquisition agent review board shall be responsible for the licensing of acquisition agent locations.

1. Copies of any written complaints shall be forwarded to the designated code enforcement officer on at least a weekly basis.
2. The designated code enforcement officer shall have the authority to make one (1) of the following recommendations:
   
   1. That the complaint appears to be without merit, frivolous or without sufficient information to decide otherwise and that no action is recommended;
   2. That the business or entity referred to in the complaint should handle the matter and provide sufficient documentation to the designated code enforcement officer that the issue was addressed; or
   3. That the complaint be sent to the acquisition agent review board for further investigation and possible action pursuant to subsection (b) below.
3. All recommendations made by the designated code enforcement officer shall be in writing and copies thereof shall be forwarded to the business that was referred to in the complaint or the acquisition agent or acquisition firm if identified and to the city. Further, a copy of the complaint itself shall accompany the designated code enforcement officer written recommendation that is sent to the business entity and, if possible, the designated code enforcement officer shall communicate any action or resolution of the problem to the complaining party.

1. The acquisition agent review board shall have authority to make the following recommendations:
   
   1. That a complaint appears to be without merit, frivolous, or without sufficient information to decide otherwise and that no action is recommended; or
   2. That formal review is required according to the following procedures:
      1. The acquisition review board issues a formal inquiry to the business or entity referred to in the complaint.
      2. The business or entity referred to in the complaint provides a formal answer to the acquisition agent review board within five (5) business days of receipt of formal inquiry;
   3. The acquisition agent review board reviews and investigates any response received by the business or entity in question. Whereupon after review, the acquisition agent review board may do the following:
      1. Recommend to the city attorney that no further action is necessary on the complaint;
      2. Find that the business or entity referred to in the complaint handled the matter by addressing concerns to the satisfaction of the acquisition agent review board and that further prosecution is not recommended; or
      3. Recommend that the complaint be forwarded to the city attorney for consideration of further action pursuant to subsection (8) below.