(A) The term
ITINERANT MERCHANT includes the terms canvasser, solicitor, peddler, transient merchant or vendor, transient, or itinerant photographer, and means any individual, singular and plural and shall also mean and include any person, firm, or corporation, association, club or partnership, society, or any other entity except as otherwise provided in this chapter, whether a resident of this city or not, traveling from place to place, from house to house, or from street to street, or exposes for sale, without a fixed or established place of business in the city, and without representing a firm or person or corporation having a fixed or established place of business in the city for the purpose of:
(1) Selling, or offering for sale, food, drinks, or any items for human consumption; or taking or attempting to take orders for the sale of service, goods, wares, merchandise, or personal property of any nature for present or future delivery, whether or not the merchant has, carries, or displays a sample of the subject of the sale or whether or not the merchant is collecting advance payments on the sale, except for a food truck as defined in § 110.040 of this chapter and except for a mobile boutique as defined in § 110.055 of this chapter;
(2) Soliciting for contributions or donations; and
(3) Soliciting opinions, preferences, or other information for commercial purposes.
(B) The term
FIXED OR ESTABLISHED PLACE OF BUSINESS means a place of business opened, owned, or operated for the purpose of carrying on a permanent business but does not include any place of business owned or operated only for a temporary period of time.
(C) It is unlawful for any person to engage in the business as an itinerant merchant within the city without first obtaining a license to do so. An application for such license shall be filed with the City Clerk providing such information as the name, permanent and local addresses, description of the nature of the business and goods or services to be sold or information to be sought, the period of time for which the license is to be granted, place where the goods are to be sold or orders taken, listing of the last five municipalities wherein the applicant has worked before coming to this city, and such other relevant information as the Clerk may require. Before issuance of the license, the City Clerk or the applicant shall take the application to the Chief of Police for investigation and recommendation. The Chief’s recommendation shall be favorable prior to granting the license.
(D) The license fee, as set by the City Council by motion or resolution, shall be paid to the City Clerk prior to the issuance of the license.
(E) In order to receive a license under this section, the applicant shall possess a valid and current state sales tax permit and shall provide a copy of the same to the City Clerk, unless the applicant can prove to the Clerk’s satisfaction that he or she is not a vendor within the definition of the Oklahoma Sales Tax Code, being 68 O.S. §§ 1301 et seq.
(F) Division (D) above shall not apply to any non-profit, tax exempt charitable, educational, religious, or government organization as those terms are defined by applicable state and federal laws.
(G) No itinerant merchant nor any other person may go from house to house or door to door for the purpose of selling or taking orders for the sale of goods, wares, merchandise, or services of any kind between sunset and 9:00 a.m. on any day.
(H) No person shall stand in a roadway for the purpose of soliciting a ride, donation, employment, or business from the occupant of any vehicle (47 O.S. § 11-507).
(I) Locally grown produce vendor includes only persons who reside in the county and are selling produce grown in the county. Sellers of produce grown outside of the county are deemed to be itinerant vendors and not locally grown produce vendors.
(1) It shall be unlawful for any person to conduct a sell locally grown produce in the city without first obtaining a license pursuant to this subchapter.
(2) An application for a locally grown produce vendor license shall be made to the community development, on a form provided by the city, not less than 48 hours prior to any actual selling activity by the applicant. The application shall be accompanied by the permit fee of $100.
(3) A locally grown produce vendor license shall be valid for a period of one year.
(Prior Code, § 110.023) (Ord. 1824, passed 3-14-2017; Ord. 1841, passed 12-12-2017; Ord. 1913, passed 8-11-2020) Penalty, see § 110.999
Statutory reference:
Authority to levy license tax on hawkers and peddlers, see 11 O.S. § 22-106
State licensing of itinerant merchants, see 47 O.S. § 421