[Adopted 9-1-1972 as Ch. 24 of the
1972 Code; amended in its entirety 6-1-2010 by Ord. No.
8008]
As used in this article, the following terms
shall have the meanings indicated:
Any person who goes from house to house or place
to place in the City for the purpose of selling or taking orders for
the sale of, or offering to take orders for, goods, wares or merchandise,
including magazines, or any article or service delivered at the time
of sale or sold for future delivery.
Also includes persons, both natural and corporate,
who engage in house-to-house, place-to-place or telephonic solicitation
in furtherance of a public cause, the aims of a nonprofit corporation
or other not-for-profit organization, or any other form of public
fund-raising.
A nonpermanent location where an itinerant vendor has established
its presence to offer merchandise and/or services limited to a period
of no more than 30 consecutive days during any six-consecutive-month
time frame.
Any person, firm or corporation, whether as owner, agent,
cosignee or employee, who or which does not have an established place
of business within the City, who or which engages in a temporary business
of selling and delivery of goods, wares and merchandise within said
City which have a retail selling price in excess of $5 per item, and
who or which, in furtherance of such purpose, hires, leases, uses
or occupies any building, structure, motor vehicle, tent, railroad
box car, or boat, public rooms in hotels, lodging houses, apartments,
shops 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, firm or corporation so engaged shall not be relieved from
complying with the provisions of this article 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 provisions of this article shall not apply to the following
entities:
A.
Any regularly established business which uses vehicles from which
to sell in front of or in the vicinity of its own permanent location.
B.
Persons in groups of 20 or more aggregated in "flea market" operations
in a City-approved location.
C.
Bona fide auction sales.
D.
The sale of farm and garden products from the land on which it was
produced and by the person producing the product.
E.
Temporary events by existing local merchants outside of their existing
locations.
F.
Traveling salespeople selling to existing established local businesses.
G.
Government officers conducting auctions or other sales as part of
a judicial process.
H.
Individuals, companies or firms conducting business within the parameters
of an approved, valid special event permit issued by the Community
Development Department are exempt from this section.
I.
Charitable organizations. As used in this subsection, "charitable
organization" means any organization incorporated with a 501(c)3 federal
tax-exempt status and a permanent address in the State of Oklahoma
functioning as a philanthropic, patriotic, educational, social, civic,
recreation or religious organization.
It shall be unlawful for any person to engage in the business
of itinerant vendor within City limits without first obtaining a license
from the Community Development Department.
A.
All license applications must include the following:
(1)
The full name, birth date and social security number of the applicant.
(2)
A valid photo identification card such as a driver's license, tribal
or school identification card.
(3)
The applicant's address.
(4)
An Oklahoma State Bureau of Investigation (OSBI) criminal history
report generated no later than 30 days prior to application for licensing,
which includes the following searches:
(5)
If applicable, the name and address of the applicant's employer.
(6)
Photograph and fingerprint of the applicant to be taken by the El
Reno Police Department.
(7)
Nonrefundable application fee as approved by the City Council.
B.
The Community Development Department shall review all licensing applications
within seven business days of their filing. Applications may be denied
for any one of the following:
(1)
Incomplete application.
(2)
Falsification of any document.
(3)
Determination that any part of the application conflicts with the
Code of the City of El Reno.
(4)
Failure of the applicant to verify proper registration with the Oklahoma
Tax Commission as required by law.
(5)
Proof the applicant has been convicted of murder, voluntary manslaughter,
robbery, burglary, larceny, theft, fraud, an offense involving moral
turpitude, any nonconsensual sex offense, any offense involving a
minor as a victim, any offense involving the possession, use, distribution
or sale of a controlled dangerous substance, or any offense involving
a firearm.
(6)
A finding the applicant has been convicted of a provision of this
article or had his/her license suspended within the previous 12 months.
(7)
A finding that a permit held by the applicant pursuant to the provisions
of this article was revoked within the previous six months.
All licenses shall expire three months from the date of issuance.
It is the individual licensee's responsibility to renew the license.
The City Manager, Community Development Director, Fire Chief
or Police Chief may suspend and impound the license of any individual
who is believed to be violating any provision of this chapter or any
licensee whose activity is deemed a threat to public safety.
A.
When a license issued pursuant to the provisions of this article
expires, or is revoked, its holder shall immediately surrender it
to the officer to be forwarded to the Community Development Department.
The license shall then become property of the City
B.
All suspensions shall be temporary until reviewed by the City Council
at its next regularly scheduled meeting.
C.
The City Council retains the right to uphold or overturn the suspension
and to determine the length of time it is in effect.
A.
It shall be unlawful for any individual, company or firm to engage
in the business of itinerant vendor within City limits without first
obtaining a permit from the Community Development Department. Anyone
applying for a permit must first be licensed as required hereinabove.
One permit may cover the activities of all licensees employed by the
same company.
B.
Permits are available on a daily, weekly, and monthly basis at fees
established by the City Council.
C.
Permit applications must include the following information:
(1)
A brief description of the business to be conducted and the items
to be sold. The applicant must provide a site plan acceptable by the
Community Development Department.
(2)
The time period for which the applicant desires to conduct business.
(3)
The license number(s) and description(s) of any vehicle to be used.
(4)
The names and City license numbers of any individual working under
the permit for the same company.
(5)
Proof the applicant or his/her employer is a vendor registered with
the Oklahoma Tax Commission or proof proper sales tax has been or
is being paid from the items sold or to be sold; or proof the applicant
or the applicant's employer is exempt from the payment of sales tax.
(6)
A site plan review is required if the vendor is establishing its
presence at an existing address. Application for review will be charged
a review fee as established by City Council.
The City Manager or any officer of the Community Development,
Fire or Police Department may revoke a permit indefinitely for any
violation of this article.
All orders taken by solicitors for goods or services shall include
the following information:
The following activities are expressly prohibited by this article:
A.
Any fraud, misrepresentation or false statement contained in the
application for license or permit.
B.
Engaging in business between the hours of 6:00 p.m. and 9:00 a.m.
local time in any agricultural or residential zoning district or between
the hours of 9:00 p.m. and 7:00 a.m. in any other district.
C.
Using the public right-of-way or public parks for business unless
it is being conducted within the parameters of an existing, valid
special event permit.
E.
Failing to display a valid itinerant vendor license on his/her person.
F.
Failing to post a valid permit number at a static location.
G.
Attempting to do business on any property where "no solicitors,"
"no trespassers," "no trespassing" or similar signs are posted indicating
the occupant does not want to be disturbed.
H.
Conducting the business licensed under this article in an unlawful
manner or in such manner as to constitute a breach of the peace or
to constitute a menace to the health, safety or general welfare of
the public.
Any person, corporation, partnership, firm, association or entity who or which shall violate any of the provisions of this article shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine in an amount as described in § 1-10 of the Code of the City of El Reno and may have its permits revoked, and its licenses may be suspended. Each act in violation of any of the provisions hereof shall be deemed a separate offense. Each day's continued violation of any of the provisions hereof shall constitute a separate offense and may be chargeable as such.
