[Ord. 1058-2005, 3-7-2005]
As used in this chapter, the following terms shall have the
meanings ascribed to them in this section:
A person selling food or other products grown, raised, or
harvested by himself or members of his immediate family from land
that is owned by the person selling the product.
A license issued to a building or other site within the City
from which itinerant vendors may locate, operate, and solicit from
within said building or site without the requirement that each individual
itinerant vendor be licensed.
A small lightweight vehicle that can be moved around by hand
and not exceeding eight feet in length and no more than five feet
in width.
Soliciting for a business purpose which is intended to be
for profit and is not intended to be charitable, religious, not for
profit or political.
Having no regular place of doing business in the City and
includes, but is not limited to, making regular delivery or providing
goods over an established route through the City.
A person soliciting commercial orders for goods or services,
which are to be provided from stocks of goods, carried with or to
be provided later by or through the peddler or for services provided
by or through the peddler.
All activities of peddlers, solicitors and vendors attempting
to obtain business. Such activities may include, but are not limited
to, distribution of handbills or leaflets to the public directly or
by placing them on a doorknob or otherwise on any property; coming
personally onto any property for the purposes defined herein; calling
the occupants of any property by telephone for the purposes herein
defined; or calling or inviting any prospective customers to purchase
or obtain merchandise, product or service.
A person soliciting orders for goods or services which are
to be provided or shipped to the consumer at a later date.
Any person engaged in a business or occupation selling or
offering to sell any merchandise, product or service, and includes,
but is not limited to, peddlers and solicitors.
[Ord. 1058-2005, 3-7-2005]
A.
Except as exempted herein, each itinerant vendor, solicitor or peddler
shall obtain a license from the City prior to any soliciting in the
City to cover each person who will be soliciting and each location
or separate place of business. The requirement of this subsection
does not apply to those persons or groups who are exempted from the
requirements of this chapter.
B.
Owners or lessees of buildings or other sites in which itinerant
vendors operate or locate must obtain a blanket license covering all
itinerant vendors who will be established in the building or site
controlled by the owner or lessee.
[Ord. 1058-2005, 3-7-2005]
A.
The fee for licenses herein required shall be as initially set forth
below and as may hereafter be modified periodically and set forth
in a schedule of fees as approved by the City council.
D.
Fees prescribed herein shall not be refunded to any business operating
for less than the full period to which the fee applies.
[Ord. 1058-2005, 3-7-2005]
A.
Applicants for licenses shall file with the City Clerk during regular
business hours a written application on forms provided by the City
and signed by the applicant if an individual, by all partners if a
partnership, and by a qualified corporate officer if a corporation,
providing, as a minimum, the information required in this section.
B.
Required license information:
1.
Name and address of the applicant and person or persons having the
management or supervision of the applicant's business during
the time that it is proposed to be carried on in the City; the location
or address of such applicant, person or persons when engaged in such
business; the permanent address or addresses of such person or persons;
and the capacity in which such applicant, person or persons will act.
2.
The place or places in the City within the proper zoning classification
where it is proposed to carry on the applicant's business, and
where said place or places are fixed locations, a signed statement
by the property owner of record noting approval of the proposed use
and the length of time during which it is proposed that the business
be conducted.
3.
Place or places, other than permanent place of business of the applicant,
within the six months next preceding the date of the application,
where the applicant has conducted a transient business.
4.
The nature of the goods or products being sold, that is whether they
are "seconds," rejects or first line quality, and whether any warranty
applies to the items being sold; if a warranty applies, the period
of the warranty and the name and address of the warrantor and the
procedures for filing for the adjustment of refund or return of goods
shall be specified.
5.
A statement that the applicant agrees to the requirement to pay all
state and City sales taxes due on all items which are subject to sales
taxes and recognizes that a copy of all applications will be provided
to the local office of the Oklahoma tax commission; and
6.
Current state sales tax permit number.
C.
In addition to the requirements identified in Subsection B of this section, applicants for a blanket itinerant vendor license shall provide:
1.
Name and address of the building or site to be licensed and the telephone
number of the person or persons having the management or supervision
of the building or site in which itinerant vendors shall conduct business.
2.
A statement that the applicant and management of the licensed premises
will:
a.
Obtain, record and keep on file for two years from the date of each
sale, the names, address, and telephone number of each vendor doing
business in the licensed premises, and
b.
Inform each vendor doing business in the licensed premises of the
requirement to pay state and City sales taxes and furnish the vendor
with one copy of the state sales tax report form and require him to
certify that he will submit a sales tax report as required by state
statute.
D.
The building inspector or compliance officer may, at his discretion
and during times that are outside those normally observed as business
hours by the City Clerk, provide an on site issuance of the license
required herein as needed for vendor compliance with the provisions
of this chapter.
[Ord. 1058-2005, 3-7-2005]
A.
All applicants for license to sell merchandise or perishable foods
for human or animal consumption shall obtain a food handler's
permit and have their application for license approved by the health
officer before the licenses are issued.
B.
All applicants for license to sell merchandise or perishable foods
shall be permitted to use one of the following, which has been modified
for such use:
1.
Travel trailers as defined in Section 12-207 of this Code and shall
not exceed 18 feet in length nor eight feet in width.
2.
Hauling trailer as defined in Section 12-207 of this Code and shall
not exceed 18 feet in length nor eight feet in width.
3.
"Carts" as defined in Section 9-601 of this chapter and shall not exceed eight feet in length or five feet in width.
4.
Motor vehicles not exceeding 1 1/2 tons.
C.
Any applicant who has had a license for a consecutive period of six
months shall not be issued another license for at least 60 days from
the expiration of said license.
[Ord. 1058-2005, 3-7-2005]
A.
The license issued to any itinerant vendor, building owner or lessee,
shall be posted in a conspicuous place in the vicinity of the area
or areas where the itinerant vendor's business is to be conducted,
or otherwise shall be worn or attached to the vendor's outside
clothing for all to see while such vendor is soliciting in the City.
[Ord. 1058-2005, 3-7-2005]
A.
It is unlawful for any itinerant vendor to practice harassment, nuisance,
theft, deceit, or menacing, troublesome, or otherwise unlawful activities
during the course of such business or activities.
[Ord. 1058-2005, 3-7-2005]
A.
The following are exempt from all license and fee requirements of
this chapter:
1.
Any regularly established business which uses vehicles from which
to sell in front of or otherwise upon its own property and which holds
a valid occupation license issued by the City;
2.
Concessionaires who establish long term contractual relationships
to occupy a space within a permanent location for more than 60 days
who do in fact conduct business at that location for such a period,
regular nonbusiness days notwithstanding;
3.
Traveling salespeople selling goods to established local businesses
for use in resale or manufacture by said business;
4.
Any farm to market agricultural vendor selling farm produce or firewood
on an occasional basis.
B.
The following are exempt from only the fee provisions of the licensing
requirements of this chapter:
1.
Charitable Organizations: As used in this subsection "charitable
organization" means any nonprofit, tax exempt, charitable, education,
religious or government organization as those terms are defined by
applicable state and federal laws.
[Ord. 1058-2005, 3-7-2005]
A.
The building inspector, compliance officer, or other municipal law
enforcement officer shall enforce this chapter and shall have the
authority to issue citations to any person, firm, or corporation which
violates, in any manner, this chapter.
[Ord. 1058-2005, 3-7-2005]
A.
Violations of the conditions set forth by this chapter shall be punishable
by fines of $200 for first time offenders and $500 for repeat offenders.
Each day for which a violation exists shall constitute a new violation.
