Section
3-11-1 Definitions
3-11-2 Certificate of registration required; exemption
3-11-3 Application for certificate of registration
3-11-4 Denial or issuance of certificate of registration; revocation; fee
3-11-5 Occupant to determine status of solicitor as invitee
3-11-6 Posting of notice prohibiting solicitation
3-11-7 Compliance with notice required; duty to depart from premises
3-11-8 Display of certificate of registration
3-11-9 Certificate of registration transfer
3-11-10 Employer liability
3-11-11 Hours of soliciting
3-11-12 Right to appeal certificate of registration denial/revocation
3-11-13 Fraud; prohibited acts
3-11-14 Violations
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Every unit occupied for commercial or private business purposes by any person contained within any type of building or structure.
REGISTERED SOLICITOR. Any person who has obtained a valid certificate of registration as described in this chapter. The certificate must be in the possession of the SOLICITOR and/or on his person while engaged in soliciting.
RESIDENCE. Every living unit occupied for residential purposes by any one or more persons contained within any type of building or structure.
SOLICITING.
(1) Any one or more of the following activities:
(a) Seeking to obtain or sell orders for the purchase of goods, wares, merchandise or services of any kind, character or description whatsoever, for any kind of consideration whatsoever;
(b) Seeking to obtain prospective customers for the application for or purchase of insurance of any type, kind or character;
(c) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type of publication;
(d) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charity or association, organization, corporation or project;
(e) Selling or offering to sell any goods, wares, merchandise or services of any kind, character or description whatsoever, from any vehicle or conveyance; and/or
(f) Selling or offering to sell any goods, wares, merchandise or services of any kind, character or description whatsoever, from a temporary indoor or outdoor location, occupied with or without permission from the owner, or by occupying a location on a street right-of-way.
(2) SOLICITING shall not include:
(a) Participants in wholesale trade shows or conventions, trade fairs or flea markets when the convention, trade fair or flea market is held indoors;
(b) Participants in residential garage sales; or
(c) Any sale sponsored by a school or university which is located within the corporate limits of the City.
(Prior Code, § 3-11-1) (Ord. 2015-13, passed 4-7-2015)
(A) Certificate of registration required. Every person, whether acting individually or on behalf of a group or entity, desiring to engage in “soliciting”, as defined in § 3-11-1, is required to make written application for and successfully obtain a certificate of registration before engaging in any solicitous activity.
(B) Employment of solicitors. No person shall employ any person to engage in solicitation without having obtained a certificate of registration.
(C) Exemption. Persons soliciting on behalf of public or private schools or religious or eleemosynary institutions are exempt.
(Prior Code, § 3-11-2) (Ord. 2013-36, passed 8-6-2013)
Statutory reference:
Authority to license solicitors, see 11 O.S. §§ 22-106 and 107
(A) An application for a certificate of registration shall be filed with the Chief of Police (or designee). The applicant shall truthfully complete, in full, the information requested on the application:
(1) The applicant’s name, the address of his present place of residence and the length of residence at such address; also, the applicant’s business address, if it is different than his residence address, and his Social Security number;
(2) The address of the applicant’s place of residence during the past three years, if other than his present address;
(3) The date of birth and age of the applicant;
(4) A physical description of the applicant;
(5) The name and address of the person, firm, corporation or association whom the applicant is employed by or represents, and the length of time of such employment or representation;
(6) Whether or not the person, firm, corporation or association whom the applicant is employed by or represents has a Better Business Bureau rating of less than or equal to a “C+”;
(7) The name and address of the applicant’s employer during the past three years, if other than the present employer;
(8) A description, sufficient for identification of the subject matter, of the soliciting which the applicant will engage in;
(9) The period of time for which the certificate is being applied for;
(10) The date, or approximate date, of the last previous application for a certificate under this section, if any;
(11) A statement as to whether a certificate of registration issued to the applicant under this section has ever been revoked or denied;
(12) A statement as to whether the applicant has ever been convicted of the commission of a felony under the laws of any state or federal law of the United States;
(13) A statement as to whether the applicant has ever been convicted of the commission of a misdemeanor under the laws of any state or federal law of the United States;
(14) Description and license number or other means of identification of automobiles or means of transportation to be used, if any;
(15) Verification of payment of sales tax to the Oklahoma Tax Commission;
(16) Documents from the County Court Clerk’s Office that establishes that the business has complied with state law, in particular, the requirements of posting bond pursuant to 19 O.S. § 1608, if applicable; and
(17) Any such additional information as the Chief of Police (or designee) may deem necessary to process the application.
(B) All statements made by the applicant upon the application shall be under oath and verified by an authorized notary public.
(C) The Chief of Police shall keep in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued under the provisions of this chapter, together with a record of the denial of any such applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
(D) No certificate of registration shall be issued to any person who has been convicted of the commission of a felony, nor to any person who has been convicted of a misdemeanor (other than traffic offenses), unless such felony or misdemeanor charges were dismissed upon the completion of a deferred sentence, nor to any person who has been in violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued under this chapter has previously been revoked.
(Prior Code, § 3-11-3) (Ord. 2013-36, passed 8-6-2013)
(A) The Chief of Police (or designee), after consideration of the application and all other relative information, shall deny the application if the applicant does not possess the qualifications for such certificate, and if the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter. Endorsement shall be made by the Chief of Police upon the application or upon the denial of the application. When the applicant is found to be fully qualified, a certificate of registration shall be issued.
(B) Any certificate of registration shall be revoked by the Chief of Police (or designee) if the holder of the certificate is convicted of a violation of any of the provisions of this chapter, or if he or she has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation, written notice shall be given by the Chief of Police to the holder of the certificate, in person or by certified U.S. mail addressed to such holder’s residence address as set forth in the application.
(C) Immediately upon the giving of such notice, the certificate of registration shall become null and void.
(D) The certificate of registration shall state the effective date and expiration date, and the applicant, at the time of the issuance of said certificate, shall pay the fee as provided for in § 2-6B-9.
(Prior Code, § 3-11-4) (Ord. 2013-36, passed 8-6-2013)
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