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§ 112.03 APPLICATIONS FOR LICENSES.
   (A)   Individual license. Applicants for licenses shall file during regular business hours a written application signed by the applicant, if an individual; by all partners, if a partnership; and by a qualified corporate officer, if a corporation, with the Clerk-Treasurer, showing:
      (1)   Name and address of 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 town; the location or address of such person or persons when engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act; the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated;
      (2)   The place or places in the town where it is proposed to carry on the applicant’s business 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 or refund shall be specified;
      (5)   A statement that the applicant agrees to the requirement to pay all state and town 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 state’s Tax Commission;
      (6)   Current state sales tax permit number;
      (7)   Current license or permit, if any, which may be required by state law or ordinances of the town for the particular activity or business;
      (8)   If a motor vehicle is to be used in the business, a description of the vehicle together with motor vehicle registration number and the license number for the vehicle:
         (a)   Proof of liability insurance required by state law; and
         (b)   Proof or verification from the insurance carrier that the town’s Clerk-Treasurer will be provided at least ten days’ notice of any cancellation.
      (9)   Proof of 501(c)(3) tax status, if claiming exemption from the license fees.
   (B)   Blanket license for itinerant vendors. Applicants for a blanket itinerant vendor license shall file during regular business hours a written application signed by the applicant, if an individual; by all partners, if a partnership; and by a corporation officer, if a corporation, with the Clerk-Treasurer showing:
      (1)   Name and address of person or persons having the management or supervision of the building in which itinerant vendor shall conduct business;
      (2)   Name and address of the person or persons having the management or supervision of the applicant’s business during the time that is proposed to be carried on in the town; the location or address of such person or persons when engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act; the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated and licensed to operate in the state;
      (3)   A general description of the products or services that will be sold by the itinerant vendor;
      (4)   A statement that the applicant shall establish the following controls over itinerant vendors and shall maintain records concerning each itinerant vendor for one year after the engagement dates involving the itinerant vendors:
         (a)   The applicant shall determine the names and addresses of each salesperson involved locally for an itinerant vendor and determine the names and permanent addresses of the parent company, if any, controlling the itinerant vendor;
         (b)   The applicant shall determine the nature of the merchandise or product to be sold, determine whether it is a “reject” line or seconds, determine whether there are warranties on the product, and how any complaint is to be filed for warranty adjustment. The applicant shall require that the vendor display a sign prominent enough to disclose to all potential customers that the product consists of seconds, rejects or irregulars if such is the case;
         (c)   The applicant shall inform each vendor of the requirement to pay state and town sales taxes and shall forward the name, product involved, and dates of the vendor’s engagement to the local office of the state’s Tax Commission. Further, the applicant will furnish the vendor with one copy of the state sales tax report form and require him or her to certify that he or she will submit a sales tax report at the conclusion of his or her engagement in the town;
         (d)   The applicant shall post proof of liability insurance policy in effect in the amount of $25,000;
         (e)   The applicant shall provide copies of all ordinances, regulations, tax forms and the like to each itinerant vendor and provide the town with a statement signed by the vendor agreeing to comply with same; and
         (f)   The applicant shall post a notice with the town 30 days in advance, listing each itinerant vendor establishing a business.
(Prior Code, § 3-4-3)
§ 112.04 INVESTIGATION OF APPLICANT; ISSUANCE OR DENIAL OF LICENSE; APPEAL.
   (A)   All applications for licensing shall be immediately referred for investigation as to the truth thereof, which investigation shall be conducted within ten business days after the application and fee are deposited with the town.
   (B)   If the town finds no past history of the applicant indicating violations of this code and that the application is properly made and truthful, a license shall be issued to the approved applicant upon payment of the fee therefor and the filing of the required bond.
   (C)   In all matters of denial of the license, the applicant shall be forthwith advised thereof.
   (D)   The applicant shall be advised that an appeal of a denied license may be submitted to the town’s Board of Trustees.
(Prior Code, § 3-4-4)
§ 112.05 BOND REQUIREMENTS.
   (A)   Before any license as provided by this chapter shall be issued, the applicant shall file a bond running to the town. A person engaging in business as an itinerant vendor shall file a bond in the sum set forth in the bond schedule on file in the office of the Clerk-Treasurer, secured by the applicant as principal and two sureties upon whom service of process may be made in the state.
   (B)   All such bonds shall be approved by the Town Attorney and conditioned that:
      (1)   Applicant shall comply with all of the provisions of the ordinances of the town and the statutes of the state regulating and concerning the sale of goods or wares and merchandise; and
      (2)   Applicant will pay all judgments rendered against the applicant for any violation of the ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against applicant by any person or persons for damage growing out of any misrepresentation or deceptive practice by any person transacting such business with such applicant, whether such misrepresentation or deception was made or practiced by the owner or by the service, 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. Any action on the bond may be brought in the name of the town to the use of the aggrieved person.
(Prior Code, § 3-4-5)
§ 112.06 SIGNED DOCUMENT FOR SERVICE OF PROCESS.
   Before any license for an itinerant vendor, as herein provided, shall be issued, such applicant shall file with the town an instrument nominating and appointing the town’s Clerk-Treasurer his or her true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transaction under the license and the bond given as required by this chapter, or for the performance of the conditions of the bond or for any breach thereof. The instrument shall also contain recitals to the effect that the applicant for the license consents and agrees that service of any notices or process may be made upon the agent and, when so made, shall be taken and held to be as valid as if personally served on the person or persons applying for the license under this chapter, according to the laws of the State of Oklahoma or any other state and waiving all claims or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the town’s Clerk-Treasurer, as herein provided, the town’s Clerk-Treasurer shall send to the licensee at his or her last known address, by certified mail, a copy of the notice.
(Prior Code, § 3-4-6)
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