Loading...
SOLICITORS AND PEDDLERS
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SOLICITOR.
(1) Any person who goes from house to house, from door to door or from place to place offering to sell or take orders for any goods, wares, merchandise or product, or for offering services to be performed, or for the making, manufacturing or repairing of any article or thing whatever.
(2) A
SOLICITOR shall include a peddler, drummer or hawker, as those terms are commonly understood. The term SOLICITOR shall not include those occupations licensed under state law which the city is preempted from regulating, and SOLICIT means to perform those acts described in the definition of SOLICITOR.
(Prior Code, § 10-801) (Ord. 1465, passed 9-4-90)
(A) It shall be unlawful for any person to act as a solicitor within the meaning and application of this subchapter without first securing a license and paying a tax, as required in § 110.02.
(B) This section shall not apply to any resident of the city under the age of 18 years or any person under the age of 18 years attending public schools of the city.
(Prior Code, § 10-802) Penalty, see § 10.99
Any person desiring a license to engage as solicitor within the city shall make application therefor to the City Clerk on forms to be provided stating:
(A) The name and address of the applicant;
(B) The name and address of the person which he or she represents;
(C) The kind of goods offered for sale or kinds of services to be performed; and
(D) Whether or not he or she desires to accept or receive payment or deposit of money in advance of final delivery.
(Prior Code, § 10-803)
If the applicant desires to accept or receive payment or deposit of money in advance of final delivery, the application shall be accompanied by a bond in the penal sum of $1,000 executed by corporate surety, licensed to do business in the state, conditioned upon the making of final delivery of the goods ordered or services to be performed in accordance with the terms of the order, or failing therein, that the advanced payment of the order be refunded. Any person aggrieved by the action by the solicitor shall have the right of action on the bond for the recovery of the money or damages or both.
(Prior Code, § 10-804)
No person, firm or corporation shall solicit within the city between sunset and sunrise.
(Prior Code, § 10-805) (Ord. 1465, passed 9-4-90) Penalty, see § 10.99
TEMPORARY VENDORS/MERCHANTS
(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TEMPORARY VENDORS. Any person, firm or corporation engaging in the sale of firewood, Christmas trees, fruit, produce or foodstuffs, and which begins doing business with the intent to remain in a given location for not more than the time period specified herein. Food trucks licensed under Oklahoma Health Department Rules are not included in the definition of TEMPORARY VENDORS.
(B) No person shall operate as a temporary vendor in the city unless a license has been issued and a tax paid, in accordance with § 110.02. A separate license shall be required for each vendor. The issuance of the license shall be conditioned upon the following:
(1) The temporary vending operation is located in either the C-G, commercial general, C-H, commercial highway, CBD, central business district, or E-I, educational-institutional, zoning districts.
(2) The temporary vendor must submit to the city a written statement from the property owner authorizing the vending to take place;
(3) Adequate off-street parking is provided, as required;
(4) Where fruit, produce, or foodstuffs are to be sold, the temporary vendor has obtained applicable permits of the Health Department; and
(5) If the vendor is to receive money in advance of final delivery, then a surety or cash occupation bond in the amount of $1,000 shall be provided in a manner similar to § 116.04.
(C) All structural, electrical, or plumbing installations shall be made in accordance with applicable city codes.
(D) No more than two signs, with a combined total of 50 square feet in area, shall be permitted for each property, regardless of the number of vendors using the site. The signs may be mounted on a vehicle or structure located off the public right-of-way.
(E) Temporary vending shall be exempt from open display regulations, provided that no sales or display of merchandise shall be permitted on public right-of-way.
(F) A licensee shall not operate at any given location for more than 150 days in a calendar year.
(G) Upon expiration of the license, the licensee shall remove all merchandise and other material from the premises.
(Prior Code, § 10-1905) (Ord. 1412, passed 11-6-87; Am. Ord. 1593, passed 5-8-98; Am. Ord. 1605, passed 2-2-99; Am. Ord. 1849, passed 4-19-11; Am. Ord. 1881, passed 6-17-14; Am. Ord. 1929, passed 4-4-17) Penalty, see § 10.99
(A) A farmers’ market license or special event license may be issued for a local farmers’ market or special event operated by a not-for-profit organization, or a city-licensed business with a physical location in the city, which business or organization agrees in writing to be responsible for co-ordination of the market/event and agrees to require that each vendor in the market obtain a sales tax permit and furnish proof of such permits to the city at the time of issuance of the license for the special event. A single license may be issued for the special event or farmers’ market which covers all vendors located at the event as approved by the sponsor. The fee for each farmers’ market or special event paid by the sponsor shall initially be $10 per special event, provided that the City Council may amend the fee in the future by resolution duly adopted.
(B) A special event license or farmers’ market license shall not authorize vendors to establish a temporary vendor location as described in division (A), but is rather intended to provide for periodic special events and periodic farmers’ market vendors.
(Ord. 1929, passed 4-4-17)