[Code 1985 § 13-51; Code 2005 § 78-31; Ord. No. 01-16-07-01, § 1, 1-16-200; Ord. No. 05-18-15-3, 5-18-2015]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ITINERANT MERCHANT
Any person, whether as owner, agent, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares, food products, and merchandise within such City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or public room in hotels, lodging houses, apartments, shops or any street, alley, public or private parking lot, or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. The term "itinerant merchant" shall also include transient merchants and itinerant vendors and mobile food service establishments. The term itinerant merchant, and the provisions of this Article, shall not apply to those direct delivery services that operate on a route based on customer order.
MOBILE FOOD SERVICE ESTABLISHMENT
One of two types of mobile food units:
A. 
A restricted unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and prepackaged frozen foods. Preparation, assembly or cooking of foods is not allowed;
B. 
An unrestricted unit that may serve food as allowed in A, may cook, prepare and assemble a full menu of food items:
(1) 
Except as provided in Subsection (2) below, an unrestricted unit must be secured and completely enclosed; and
(2) 
Foods such as hot dogs, coffee, or shaved ice, or food with prior approval from the Payne County Health Department, may be served from vehicles or trailers with three sides and a cover.
This definition includes the following categories of mobile food establishments: full-service mobile, pre-packaged mobile, pushcart, and prepackaged pushcart, as set forth in OAC 310:257-17-1 through 310:257-17-6 and other Oklahoma State Department of Health regulations and guidelines issued in accordance with 63 O.S. § 1-1101 et seq.
PEDDLER
Any person, whether a resident of the City or not, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares or merchandise, offering and exposing the merchandise for sale, or making sales and delivering articles to purchasers. The term "peddler" shall include the terms "hawker" and "huckster."
[Code 1985 § 13-52; Code 2005 § 78-32]
It shall be the duty of the police officers of the City to examine all places of business and persons in their respective territories subject to the provisions of this article to determine if this ordinance has been complied with and to enforce the provisions of this article against any person found to be violating this article.
[Code 1985 § 13-56; Code 2005 § 78-33]
The provisions of this article shall not apply to the following:
(1) 
Sales of goods, wares, or merchandise made to dealers or retailers by any commercial traveler or sales agent in the usual course of business;
(2) 
Delivery of goods, wares, or merchandise to a regular customer under any general or customary arrangement as might be made with a regular clientele;
(3) 
Sales of farm or dairy products produced or grown by the person selling or offering them for sale;
(4) 
Gratuitous dissemination of any materials with respect to noncommercial matters;
(5) 
Sales of goods, wares, and merchandise by any charitable or religious organization or association;
(6) 
Sales of goods, wares and merchandise made as a part of any residential garage or yard sale;
(7) 
Sales of goods, wares, and merchandise made as a part of any arts and crafts festival, show, bazaar, bake sale, or similar event lasting not longer than three days;
(8) 
Sales of goods, wares, and merchandise by any person under the age of 18 years who engages in business as an itinerant merchant or peddler.
[Code 1985 § 13-53; Code 2005 § 78-34; Ord. No. 01-16-07-01, § 2, 1-16-2007; Ord. No. 05-18-15-3, 5-18-2015]
It shall be unlawful for any person to act as a peddler or itinerant merchant in, along or upon the streets, avenues, alleys, or sidewalks of the City, or on any public property. Provided, however, subject to obtaining the prior written approval of the City Manager as to date, time and location, food service itinerant merchants may conduct sales upon a street, avenue, alley or sidewalk or on any public property. It shall further be unlawful for any person to act as an itinerant merchant or to establish any form of itinerant business on any commercial property within the City on which there exists an active commercial enterprise, with the following exceptions:
(1) 
Promotional sales or activities conducted either as a direct extension or on behalf of the existing business. Such sales or activities must be reasonably related to the nature of the existing business, and the primary purpose must be the furtherance of that business. Such sales or activities shall be subject to the requirements of this article as itinerant merchants.
(2) 
Sales, displays, or other commercial activities conducted from within a hotel/motel room, or in public areas of the hotel/motel building. Such commercial activity shall be subject to the requirements of this article as itinerant merchants.
(3) 
Mobile food service establishment itinerant merchants with approved permit and site plan.
[Code 1985 § 13-54; Code 2005 § 78-35]
No licensee under this article, nor anyone in his behalf shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
[Code 1985 § 13-55; Code 2005 § 78-36]
An itinerant merchant's permit to do business under the Oklahoma Sales Tax Code (68 O.S. § 1350 et seq.) shall at all times be conspicuously displayed at the place of business for which issued in a position where it can be easily seen. A peddler shall carry his state sales tax permit to do business at all times while engaged in business as a peddler.
[Code 1985 § 13-66; Code 2005 § 78-56]
It shall be unlawful for any itinerant merchant or peddler to engage in such business within the City without first obtaining a license therefor in compliance with the provisions of this division.
[Code 1985 § 13-67; Code 2005 § 78-57; Ord. No. 01-16-07-01, § 3, 1-16-2007; Ord. No. 05-18-15-3, 5-18-2015]
Applicants for licenses required by this division shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership, and by the president or chief executive officer if a corporation, association, club or society with the City Clerk, showing:
(1) 
With respect to the applicant:
a. 
Name, permanent address and local address, if any;
b. 
Name of the person having the management or supervision of the applicant's business during the time such business will be carried on in the City; the permanent address of such person; the local address of such person;
c. 
Name and address of the person for whose account the business will be carried on, if any;
d. 
Capacity in which the applicant will act (that is whether as proprietor, agent or otherwise);
e. 
If applicant is a corporation, under the laws of what state the corporation is incorporated;
(2) 
The place or places in the City where it is proposed to carry on the applicant's business (applicant shall provide a site plan and written permission from the property owner/owners for each proposed location);
(3) 
The length of time during which it is proposed that such business shall be conducted;
(4) 
If applicant is applying for an itinerant merchant's license, the place, other than the permanent place of business of the applicant where applicant within the six months next preceding the date of such application conducted a temporary business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
(5) 
With respect to the goods, wares or merchandise to be sold or offered for sale, a statement of:
a. 
Their nature or kind;
b. 
Their invoice value and quality;
c. 
Whether they are to be sold at auction, or by direct sale, or by direct sale and by taking orders for future delivery;
d. 
Where they are manufactured or produced;
e. 
Where they are located at the time the application is filed.
(6) 
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, such as handbills, circular newspaper advertising, radio advertising, etc.;
(7) 
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;
(8) 
A copy of the applicant's state sales tax permit to do business including the sales tax permit number, or if the applicant is a charitable or religious organization, a copy of the applicant's stat sales tax exemption;
(9) 
If the applicant requests an itinerant merchant's license, written approval from the code official approving the place or places within the City where the temporary business or businesses will be located shall be required. The code official's approval shall include a review of the proposed site with consideration of adequacy of parking, circulation and life safety issues.
(10) 
Subsections (4), (5), and (9) shall not apply to an applicant for an itinerant merchant's license for operating a mobile food service establishment as defined by § 6-33. In such instance, the applicant shall provide a current copy of the applicant's Oklahoma State Food Service License for Mobile Events.
(11) 
The operator of a mobile food service establishment as defined by Section § 6-33 of this code applying for an itinerant merchant's license shall provide the City Clerk a copy of a current Food Service Establishment License issued by the Payne County Health Department. Said operator shall provide the City Clerk a copy of any renewal of such Food Service Establishment License within 30 days of receipt thereof during the term of any itinerant merchant's license issued under this section.
[Code 1985 § 13-68; Code 2005 § 78-58]
Before any license required by this division shall be issued for engaging in businesses as an itinerant merchant or peddler, such applicant shall file with the City Clerk a bond running to the City in the penal sum of $2,000 executed by the applicant, as principal, and some surety upon which service of process may be made in the state, such bond to be approved by the City Attorney, conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the City and the statutes of the state regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against such applicant for any violation of such ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the City for a period of six months after the expiration of any such license. In case the applicant is engaging in any activity mentioned in this article through one or more agents or employees, such applicant shall be required to enter into only one bond in the sum of $2,000, which bond shall be made to cover the activities of all of his agents or employees.
[Code 1985 § 13-69; Code 2005 § 78-59]
A. 
The license tax which shall be paid to the City prior to the issuance of an itinerant merchant's or peddler's license shall be as established by resolution. Fees provided for in this section shall be deposited to the general fund of the City.
B. 
In the event that a person applying for an itinerant merchant's license desires to do business in more than one place within the City, such applicant shall be required to pay only one license tax, which tax shall be made to cover all places of business of such applicant; provided, however, that each separate place of business shall be issued a license by the City Clerk and shall post such license conspicuously in such place of business.
C. 
In the event that a person applying for a peddler's license desires to engage in business through one or more agents or employees, such applicant shall be required to pay only one license tax, which fee shall be made to cover all his agents or employees; provided, however, that each agent designated shall be issued an individual peddler's license by the City Clerk and shall carry such license upon his person.
[Code 1985 § 13-70; Code 2005 § 78-60; Ord. No. 01-16-07-01, § 4, 1-16-2007; Ord. No. 05-18-15-3, 5-18-2015]
All licenses for peddlers issued under the provisions of this division shall expire 90 days after the date of issuance thereof unless a prior date is fixed therein. All licenses issued for itinerant merchants shall expire 72 hours after the date/time of issuance, and no more than one such license shall be issued to any itinerant merchant in any thirty-day period. Provided that itinerant merchant licenses for operating a mobile food service establishment may be issued for a period of one year.
[Code 1985 § 13-71; Code 2005 § 78-61]
In the case of an itinerant merchant, the license issued under this division shall be posted conspicuously in the place of business named therein. In the case of a peddler, the license issued under this division shall be carried on his person at all times that he is engaged in the business of peddling, and he shall exhibit the license upon the request of any police officer or citizen of the City.
[Code 1985 § 13-72; Code 2005 § 78-62]
No license issued under the provisions of this division shall be transferred to another person.