[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.
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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.
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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:
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.