CHAPTER 5:  BUSINESS AND OCCUPATIONS
Article 1:  License Taxes
   5-1.   Taxes levied
   5-2.   Payments
   5-3.   License not transferable
   5-4.   Operation requirements; license
Article 2:  Marble Machines
   5-15.   Minors; unlawful presence
   5-16.   Cancellation of license
Article 3:  Pool and Billiards Halls
   5-30.   Minors; unlawful presence; permission
   5-31.   Hours of operation
Article 4:  Telephone Exchanges
   5-45.   Charge levied
   5-46.   Charge in lieu of other fees
Article 5:  Concession Stands
   5-60.   Tax levied
   5-61.   License required
   5-62.   Definition
Article 6:  Pawnbrokers
   5-75.   Finance charges for loans
   5-76.   Reserved
   5-77.   Multiple agreements
Article 7:  Billboards
   5-90.   Construction
   5-91.   Loose papers and the like
   5-92.   Posting bills on poles
   5-93.   Defacing bills
Article 8:  Merchandise Delivery/Residential Sales
   5-105.   Delivery from alley; exceptions
   5-106.   Definitions
   5-107.   License required
   5-108.   Display of goods
   5-109.   Application
   5-110.   Issuance; terms
   5-111.   License fee
   5-112.   Interval between sales
   5-113.   Signs
   5-114.   Revocation and refusal
   5-115.   Separate violations
   5-116.   Exemptions
   5-117.   Penalty
Article 9:  Mobile Food Vendors, Canvassers, Solicitors,
Itinerant Merchants and Peddlers
   5-125.   License required
   5-126.   Definitions
   5-127.   Application
   5-128.   Police investigation
   5-129.   Issuance and fees
   5-130.   Display; hours of solicitation
   5-131.   Revocation of license
   5-132.   Appeal
   5-133.   Geographical restrictions
 
   5-145.   Penalty
ARTICLE 1:  LICENSE TAXES
§ 5-1  TAXES LEVIED.
   There shall be, and is hereby levied on each occupation or business herein named and carried on in the city and upon the persons conducting the same, an annual license tax, which each person or business conducting the same shall be required to pay cash in advance as set out at the end of this code of ordinances.
(`90 Code, § 5-1)  (Ord. 2605, passed - -)
§ 5-2  PAYMENTS.
   All license taxes enumerated herein shall be payable annually, cash in advance, to-wit:  on July 1 of each year.  Any license applied for after the first half of the fiscal year has passed may be issued or not less than one-half of the annual license or occupation tax above provided for.
(`90 Code, § 5-2)
§ 5-3  LICENSE NOT TRANSFERABLE.
   No license issued shall be transferable without the consent of the City Council having been first obtained.
(`90 Code, § 5-3)
§ 5-4  OPERATION REQUIREMENTS; LICENSE.
   The conducting of any occupation or the operation of any device or machine herein mentioned, without having paid the license fee therefor, shall be deemed an offense and any person, firm or corporation operating without a license shall be deemed guilty of an offense and each days’ operation without a license shall be considered a separate offense.
(`90 Code, § 5-4)
ARTICLE 2:  MARBLE MACHINES
§ 5-15  MINORS.
   It shall be unlawful for any person under the age of 21 years to play any marble table within the corporate limits of the city.  It shall further be unlawful for any person, firm or corporation operating a marble table within the corporate limits of the city to permit persons under 21 years of age to play marble tables.
(`90 Code, § 5-14)
§ 5-16  CANCELLATION OF LICENSE.
   Any individual person, firm or corporation operating a marble table or tables under a license issued by the city who shall permit minors to play thereon, shall forfeit the license and the license shall, upon conviction of the party in Municipal Court of the city, be immediately canceled.
(`90 Code, § 5-15)
ARTICLE 3:  POOL AND BILLIARDS HALLS
§ 5-30  MINORS; UNLAWFUL PRESENCE; PERMISSION.
   (A)   No person under the age of 21 years shall frequent any billiard hall or place kept for the purpose of selling intoxicating liquors, playing billiards, pool or any similar game. 
(`90 Code, § 5-17)
   (B)   It shall be unlawful for any person who is the keeper or has the charge, care, management or control of any billiard hall or place used for the purpose of selling liquor, playing billiards, pool or any similar game, to suffer or permit any person under the age of 21 years to be or remain in the place, or to suffer or permit any persons under the age of 21 years to play at any game or premises or place. 
(`90 Code, § 5-18)
§ 5-31  HOURS OF OPERATION.
   Every person, firm or corporation conducting a business of operating a pool hall or billiard hall, including the game of snooker, in the city, who shall permit the games of pool, billiards or snooker to be played therein between the hours of 12:00 midnight on Saturday and 12:00 noon on Sunday, shall be deemed guilty of an offense.
(`90 Code, § 5-19)
ARTICLE 4:  TELEPHONE EXCHANGES
§ 5-45  CHARGE LEVIED.
   (A)   There is hereby levied an annual inspection fee and service charge upon each and every person, firm or corporation operating a telephone exchange in the city, in an amount equal to 2% of the gross revenues for each current year for exchange telephone transmission service rendered wholly within the limits of the city, to compensate the city for the expenses incurred and services rendered incident to the exercise of its police power, supervision, police regulation and police control of the construction of lines and equipment of telephone companies in the city.
   (B)   The inspection fee and charge shall be due and payable to the city on or before May 1 of each year and shall be paid into and appropriated and expended from the general revenue fund of the city.
(`90 Code, § 5-20)
§ 5-46  CHARGE IN LIEU OF OTHER FEES.
   During continued substantial compliance with the terms of this article by the owner of any telephone exchange, the charge levied hereby shall be and continue to be in lieu of all concessions, charges, excise, franchise, license, privilege and permit fees, except special assessments and ad valorem taxes.  It is not intended hereby to extinguish or abrogate any existing arrangement whereby the city is permitted to use underground conduit, duct space or pole contacts of the company for the fire alarm and/or police call systems of the city.
(`90 Code, § 5-21)
ARTICLE 5:  CONCESSION STANDS
§ 5-60  TAX LEVIED.
   There is hereby levied a license tax for the operation of each concession stand in the city, whether on private property or in the streets or alleys of the city.
(`90 Code, § 5-22)
§ 5-61  LICENSE REQUIRED.
   No one shall operate a concession stand in the city without first having obtained a permit therefor from and having paid to the City Clerk the daily license fee.
(`90 Code, § 5-23)
§ 5-62  DEFINITION.
   For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   CONCESSION STAND.  All types of games and selling booths usually found in connection with carnivals.
(`90 Code, § 5-24)
ARTICLE 6:  PAWNBROKERS
§ 5-75  FINANCE CHARGES FOR LOANS.
   Pawn finance charges shall comply with the provisions of 59 O.S. §§ 1510 and 1511, and the provisions of the Oklahoma Pawnshop Act, 59 O.S. §§ 1501 et seq. shall apply to all pawn transactions and pawnbrokers within the city.
(`90 Code, § 5-25)
§ 5-76  RESERVED.
§ 5-77  MULTIPLE AGREEMENTS.
   No pawnbroker may permit any person, or husband and wife, to become obligated in any way under more than one loan agreement with the lender with intent to obtain a higher rate of loan finance charge than would otherwise be permitted by the provisions on loan finance charge to avoid disclosure of the annual percentage rate.
(59 O.S. § 1511)  (`90 Code, § 5-26)
Cross-reference:
   Similar provisions, see 59 O.S. § 1511
ARTICLE 7:  BILLBOARDS
§ 5-90  CONSTRUCTION.
   All billboards hereafter erected or constructed in the city shall comply with the following specifications:
   (A)   All billboards shall be built of shiplap, flooring or other materials as may be approved by the Building Inspector, with the face of billboards to be dressed and boards to be built upright.
   (B)   All posts shall be not less than four inches by four inches and not more than seven feet apart.
   (C)   Posts shall be planted in the ground to a depth of at least four feet.  All billboards shall be firmly braced in the rear.
(`90 Code, § 5-28)
§ 5-91  LOOSE PAPERS AND THE LIKE.
   When any papers or bills shall become loose from any billboard in the city, the papers, bills or rubbish shall be taken to some safe and convenient place and immediately destroyed by the owner or owners of the billboard.
(`90 Code, § 5-29)
§ 5-92  POSTING BILLS ON POLES.
   No bill poster or other person shall post or in any manner put up any written or printed bill notice or advertisement upon any gas, telephone or other post, or public building within the city, or upon any private building or fence without first having obtained the consent, in writing, of the owner or lessee thereof.  Any bill poster or other person violating the provisions of this section shall be guilty of an offense.
(`90 Code, § 5-30)
§ 5-93  DEFACING BILLS.
   Any person who shall wilfully deface or destroy any bill or poster posted by a bill poster upon any place where a bill poster shall have the right to place the same within the city shall be guilty of an offense.
(`90 Code, § 5-31)
ARTICLE 8:  MERCHANDISE DELIVERY/RESIDENTIAL SALES
§ 5-105  DELIVERY FROM ALLEY; EXCEPTIONS.
   Servicing or delivery of merchandise to stores and other retail businesses or establishments in the city from the streets of the city, is hereby prohibited, excepting however, the provision hereof shall not be applicable to a store, business or other retail establishment where the store, business or other retail establishment has no entrance or direct connection from an alley, and shall not be applicable to delivery of ice and water.  Otherwise, all deliveries and servicing of the merchandise, as herein designated, to the businesses shall be only from an alley.
(`90 Code, § 5-32)
§ 5-106  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   NEIGHBORHOOD SALE.  Any sale commonly known as a garage, porch, room, backyard or patio sale or any other type of general sale conducted from or on any premises located in a residential zoning district where goods or articles of any type are held for sale to the public that is held by a recognized homeowners association, organized neighborhood group or six or more homes in a contiguous area.
   PERSONAL PROPERTY.  Property which is owned, utilized and maintained by any individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence, but not including motor vehicles. It does not include merchandise which was purchased for resale or obtained on consignment, or food items not grown on the premises.
   RESIDENTIAL SALE.  Any sale commonly known as a garage, porch, room, backyard or patio sale or any other type of general sale conducted from or on any premises located in a residential zoning district.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-107  LICENSE REQUIRED.
   (A)   No person shall hold, conduct, engage in or participate in any manner, in a residential sale or neighborhood sale without a license as provided for in this article.
   (B)   A separate license shall be required for each location at which a residential is to be held, and no location shall be eligible for more than two licenses in any three-month period.
   (C)   A license shall be required for a neighborhood sale and no neighborhood shall be eligible for more than one license each year. Participation in a neighborhood garage sale will not affect an individual property owner’s right to his allowed garage sales.
   (D)   The permittee shall be responsible for having the license readily available for inspection and posting the license in a conspicuous place at the site of the residential or neighborhood sale throughout the duration of the sale.
   (E)   Failure to obtain a license required by this article shall be deemed a violation of the Code. Failure to have the license readily available for inspection or failure to post in accordance with this article shall be deemed a violation of this Code.
   (F)   The issuance of a license under the provisions of this article shall not exempt the license from the terms and provisions of other ordinances.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-108  DISPLAY OF GOODS.
   The sale area of any residential or neighborhood sale shall be confined to the premises for which the license has been issued, and in no event shall articles or goods be so displayed as to attract attention or be conspicuously in view from any public street. No personal property offered for sale shall be displayed in any public street or right-of-way.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-109  APPLICATION.
   An applicant for a license shall furnish the City Clerk with the following information:
   (A)   Full name and address of applicant;
   (B)   The location of the proposed residential sale or locations of the proposed neighborhood sale;
   (C)   The date or dates upon which the sale shall be held; and
   (D)   An affidavit from the applicant or applicants to the effect that all goods to be sold at the residential or neighborhood sale are owned by the applicant and have not been obtained for the purpose of reselling them at the sale.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-110  ISSUANCE; TERMS.
   (A)   Permit issued for three or less consecutive days.  The City Clerk is hereby authorized to grant a license for a residential or neighborhood sale for a period not to exceed three consecutive days to any person applying who otherwise complies with the requirements of this article.
   (B)   Exception if sale not held because of inclement weather or other emergency causes.  If a residential or neighborhood sale is not held on the dates for which the license is issued or is terminated during the first day of the sale because of inclement weather conditions or other emergency causes (including, but not limited to fire, illness, natural disaster or other emergency beyond the control of the applicant) the permittee may submit a written statement which states the particular reasons why the sale was not held. The City Clerk may issue another license to the applicant for a residential or neighborhood sale to be conducted at the same location(s) within 30 days from the date when the first sale was to be held. No additional license fee is required.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-111  LICENSE FEE.
   Residential and neighborhood sale license fees are as set forth in the fee schedule at the end of this code of ordinances.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-112  INTERVAL BETWEEN SALES.
   No person shall hold, conduct, engage in or participate in any manner or allow a residential sale to be held or conducted on same premises under his or her control or ownership more than two times in any three-month period, and no person shall hold, conduct, engage in or participate in any manner or allow a neighborhood sale to be held or conducted on premises under his or her control or ownership more than one time in any 12-month period, subject, however, to the exception allowed in § 5-110.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-113  SIGNS.
   (A)   Signs permitted.  Only the following specified signs may be displayed in relation to a pending residential or neighborhood sale:
      (1)   Residential sale.
         (a)   On-site sign permitted.  Only signs provided by the city are allowed. One sign shall be permitted and must be displayed on the property of the residence where the residential sale is being conducted.
         (b)   Off-site signs permitted.  Only signs provided by the city are allowed. Two signs shall be permitted to be displayed on city’s right-of way. The sign must be posted as to not block the view of traffic.
         (c)   Prohibited signs.  No signs shall be erected, placed, posted or otherwise displayed on any public street signs and posts, traffic signs and posts, or upon a public utility pole, street light, or street light standard.
      (2)   Neighborhood sale.
         (a)   On-site sign permitted.  Only signs provide by the city are allowed. One sign shall be permitted and must be displayed on the property of the residence where the neighborhood sale is being conducted.
         (b)   Off-site signs permitted.  Only signs provided by the city are allowed. Two signs shall be permitted to be displayed on city’s right-of way. The sign must be posted as to not block the view of traffic.
         (c)   Prohibited signs.  No signs shall be erected, placed, posted or otherwise displayed on any public street signs and posts, traffic signs and posts, or upon a public utility pole, street light, or street light standard.
   (B)   Time limitation.  Such signs shall not be erected sooner than the day of the sale and all signs must be removed at the close of the residential or neighborhood sale activities.
   (C)   Removal of signs.  The person to whom a residential or neighborhood sale permit was issued shall be responsible for removing any such signs.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-114  REVOCATION AND REFUSAL.
   (A)   Revocation or refusal of license; false information.  Any license issued under this article may be revoked or any application for issuance of a license may be refused by the City Clerk if the application submitted by the applicant or license holder contains any false, fraudulent or misleading information.
   (B)   If any person pleads guilty or is otherwise convicted of an offense under this article, the City Clerk is instructed to cancel any existing residential sale license held by the person convicted and not to issue the person another residential sale license or neighborhood sale license for a period of one year from the time of conviction.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-115  SEPARATE VIOLATIONS.
   Every day a sale is conducted in violation of this article, the sale shall constitute a separate offense.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-116  EXEMPTIONS.
   The provisions of this article shall not apply or affect the following:
   (A)   Persons acting pursuant to an order of a court of competent jurisdiction;
   (B)   Persons acting in accordance with their powers and duties as public officials;
   (C)   Duly licensed auctioneers selling at auctions; and
   (D)   Charitable organizations or persons, when the proceeds from the sale are used directly for charitable purposes and the goods or articles are not sold on a consignment basis. Persons or organizations exempted under this section must obtain a license, but without payment of fee.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
§ 5-117  PENALTY.
   (A)   Any person, firm or corporation who violates any provision of this chapter, or fails to pay any license tax or to secure any license or permit required by this chapter, shall be guilty of an offense, and upon conviction thereof shall be punished as provided in this code of ordinances. Each day upon which a violation continues shall be deemed a separate offense.
   (B)   Any person violating any of the provisions of this article is subject to arrest and shall be guilty of an offense and shall, upon conviction thereof in Municipal Court, be punished by a fine not to exceed $100 per offense, plus court costs. Each day the violation continues shall be a separate offense.
(Ord. 3204, passed 7-7-09; Am. Ord. 3221, passed 6-7-11)
ARTICLE 9:  MOBILE FOOD VENDORS, CANVASSERS, SOLICITORS,
ITINERANT MERCHANTS AND PEDDLERS
§ 5-125  LICENSE REQUIRED.
   It shall be unlawful for any mobile food vendor, canvasser, solicitor, itinerant merchant or peddler as defined in § 5-126, to engage in such business within the corporate limits of the city without first filing a completed application for license and obtaining a license therefor in strict compliance with the provisions of this article.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01; Am. Ord. 3259, passed 8-19-14)
§ 5-126  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CANVASSER or SOLICITOR.  Any individual or natural person, not having a permanent residence in the corporate limits of the city, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, for the sale, as well as the selling, offering for sale or taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any kind or nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale or not, or whether he or she is collecting advance payments on the sales or not.  The definition shall include any person who, for himself or herself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, ship or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery.  For the purposes of this article, local school, church organization or other local civic or charitable organizations which are located within the county shall not be considered a CANVASSER or SOLICITOR.
   CHIEF OF POLICE.  The Chief of Police of the city or his or her appointed designee.
   CITY MANAGER.  The City Manager or his or her appointed designee.
   CRITICAL VIOLATIONS OR PRIORITY ISSUES. Violations noted in an inspection of a food establishment that are more likely to contribute to food contamination, illness, or environmental health hazard and are denoted in OAC 310:257-15-41.
   EXEMPTIONS.  The provisions of this chapter shall not apply to the following:
      (1)   Sale of goods, wares or merchandise made to dealers or retailers by any commercial traveler or sales agent in the usual course of business.
      (2)   Delivery of goods, wares or merchandise to a regular customer under any general or customary arrangement as might be made with a regular clientele.
      (3)   Sale of farm or dairy products produced or grown by the persons selling or offering them for sale.
      (4)   Gratuitous dissemination of any materials with a respect to noncommercial matters.
      (5)   Sale of goods, wares and merchandise by any charitable or religious organization or association.
      (6)   Sale of goods, wares and merchandise made as part of any residential garage or yard sale.
      (7)   Sale of goods, wares and merchandise made as part of any art and crafts festival, show, bazaar, bake sale or summer event lasting not longer than three days.
      (8)   Sale of goods, wares and merchandise made by any person under the age of 18 who engages in a business as an itinerant merchant.
   FOOD. Any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
   FOOD SERVICE ESTABLISHMENT.
      (1)   Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. FOOD SERVICE ESTABLISHMENT includes the following:
         (a)   Establishments which are covered by the permit, license or certificate requirement of the state.
         (b)   Any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food.
         (c)   Delicatessen-type operations that prepare sandwiches intended for individual portion service.
      (2)   FOOD SERVICE ESTABLISHMENT does not include private homes where food is prepared or served for individual family consumption, the location of food vending machines, and supply vehicles.
   ITINERANT MERCHANT or PEDDLER.  Any person, whether its owner, agent, consignee, or employee, whether a resident of this city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or public room in hotels, lodging houses, apartments, shops, or any street, alley, public or private parking lot, or other places within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this chapter 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. ITINERANT MERCHANTS shall also include transient merchants and itinerant peddlers. PEDDLERS shall be any person whether a resident of the City of Guthrie or not, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares or merchandise offering and exposing the same for sale, making sales and delivering articles to purchasers. The word PEDDLER shall also include the words “Rocker and Huckster.”
   LAW. All applicable federal, state and local statutes, ordinances, and regulations.
   MOBILE FOOD SERVICE ESTABLISHMENT.
      (1)   (a)   One of two types of mobile food units:
            1.   A restricted unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and prepackaged frozen foods.  Preparation, assembly or cooking of foods is not allowed.
            2.   An unrestricted unit that may serve food as allowed in division (1)(a)1., may cook, prepare and assemble a full menu of food items;
         (b)   An unrestricted unit must be secured and completely enclosed.
         (c)   Foods such as hot dogs, coffee, or shaved ice, or food with prior approval from the Logan County Health Department, may be served from vehicles with three sides and a cover.
      (2)   This definition includes the following categories of mobile food establishments: full-service mobile, pre-packaged mobile, pushcart, and prepackaged pushcart, as set forth in OAC 310:251-17-1 through 310:257-17-6 and other Oklahoma State Department of Health regulations and guidelines issued in accordance with 63 O.S. § 1-1101 et seq.
   PACKAGED. Bottled, canned, cartoned, or securely wrapped.
   PERSON. Includes any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
   PERSON IN CHARGE.  The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the PERSON IN CHARGE.
   REGULATORY AUTHORITY. The state and/or local enforcement authority or authorities having jurisdiction over the food service establishment.
   REPEATED VIOLATION. Violation of the same item on two consecutive inspections.
   SUPERVISORY PERSONNEL. The certificate holder, individuals having supervisory or management duties and any other person working in a food service establishment who may be in charge of its operation.
   TEMPORARY. A food service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01; Am. Ord. 3259, passed 8-19-14)
§ 5-127  APPLICATION.
   Applicants for license under this article shall file a written sworn application signed by the applicant, if an individual, by a majority of partners if a partnership, and by the president or chief executive officer if a corporation, association, club or society with the city clerk, showing:
   (A)   With respect to the applicant:
      (1)   Name, permanent address and local address, if any, telephone number, and, driver’s license;
      (2)   Name of the person having the management or supervision of the applicant’s business during the time such business will be carried on in the city; the permanent address or addresses of such person; the local address of such person;
      (3)   Name and address of the person, firm or corporation for whose account the business will be carried on, if any;
      (4)   Capacity in which the applicant will act (that is whether as proprietor, agent or otherwise);
      (5)   If applicant is a corporation, under the laws of what state the same is incorporated;
   (B)   Divisions (D), (E), and (I) shall not apply to an applicant for an itinerant merchant’s license operating a mobile food service establishment as defined by § 12-20 of this code;
   (C)   The operator of a mobile food service establishment as defined by § 12-20 of this code applying for an itinerant merchant’s license shall provide the City Clerk a copy of a current food service establishment license issued by the Payne County Health Department.  Said operator shall provide the City Clerk a copy of any renewal of such food service establishment license within 30 days of receipt thereof during the term of any itinerant merchant’s license issued under this section;
   (D)   The place or places in the city where it is proposed to carry on applicant’s business;
   (E)   The length of time during which it is proposed that said business shall be conducted;
   (F)   If applicant is applying for an itinerant merchant’s license, the place, other than the permanent place of business of the applicant where applicant within the six months next preceding the date of the application conducted a temporary business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
   (G)   With respect to the goods, wares or merchandise to be sold or offered for sale, a statement of:
      (1)   Their nature or kind;
      (2)   Their invoice value and quality;
      (3)   Whether they are to be sold at auction, or by direct sale, or by direct sale and by taking orders for future delivery;
      (4)   Where they are manufactured or produced;
      (5)   Where they are located at the time the application is filed;
   (H)   A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, (such as handbills, circular newspaper advertising, radio advertising, etc.);
   (I)   Whether or not the person having the management or supervision of the applicant’s business have been convicted of a crime, misdemeanor or the violation of any city ordinance, the nature of such offense and the punishment assessed therefor;
   (J)   A copy of the applicant’s state sales tax permit including the sales tax permit number, or if the applicant is a charitable or religious organization, a copy of the applicant’s state sales tax exemption;
   (K)   If the application requests an itinerant merchant’s license, written approval from the Director of Development Services, or designee, approving the place within the city where the temporary business will be located.
(Ord. 2972, passed 5-18-93; Am. Ord. 3259, passed 8-19-14)
§ 5-128  POLICE INVESTIGATION.
   (A)   Upon receipt of the application, the application shall be referred to the Chief of Police, who shall cause the investigation of the applicant’s business and moral character to be made as he or she deems necessary for the protection of the public good.  A seven-day waiting period shall be provided from the date of receipt of the application in which to complete the investigation.
   (B)   If as a result of the investigation, the application is determined to be incomplete, misleading, fraudulent or false or if the applicant’s character or business responsibility is found to be incomplete or unsatisfactory, the Chief of Police shall endorse on the application his or her disapproval and return the application to the City Clerk, who shall give written notice to the applicant that his or her application is disapproved.
   (C)   If, as a result of the investigation, the character and business responsibility of the applicant are found to be adequate or satisfactory, the Chief of Police shall endorse on the application his or her approval and return the application to the City Clerk.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01)
§ 5-129  ISSUANCE AND FEES.
   The City Clerk, upon the receipt of the approved application from the Chief of Police, and upon payment by the applicant of the prescribed license fee and daily fee, shall issue the license on a certificate deemed appropriate by the City Clerk which shall include a photograph for identification purposes.  The City Clerk shall keep a permanent record of all licenses issued in accordance with state law.  The license fee shall be as set forth in the fee schedule found at the end of this code.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01)
§ 5-130  DISPLAY; HOURS OF SOLICITATION.
   The license shall, during the time the licensee is engaged in canvassing, soliciting, peddling or as an itinerant merchant, be worn constantly by the licensee on the front of an outer garment in a way so as to be conspicuous at all times. No solicitor, canvasser, itinerant merchant or peddler may solicit from house to house or door to door for the purpose of selling, taking orders for the sale of goods, wares, merchandise or services of any kind or nature between the hours of 7:00 p.m. and 9:00 a.m. on any day. The license for any food vendor must be available to present when asked.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01; Am. Ord. 3259, passed 8-19-14)
§ 5-131  REVOCATION OF LICENSE.
   (A)   Licenses issued under the provisions of this article may be revoked at any time prior to expiration by the City Clerk for any of the following reasons:
      (1)   Fraud, misrepresentation or false, misleading or incomplete statement contained in application for license;
      (2)   Fraud, misrepresentation or false statement made in the course of carrying on the business as a solicitor or as a canvasser;
      (3)   Any violation of this article;
      (4)   Any failure to appear in any court proceedings in any jurisdiction or is convicted of any crime or misdemeanor; or
      (5)   Conducting the business of soliciting or of canvassing in an unlawful manner, or in a manner as to constitute a breach of the peace, or to constitute a menace to or be injurious to the health, safety or general welfare of the public.
   (B)   Immediately upon the revocation, written notice thereof shall be given by the City Clerk to the Chief of Police and the licensee in person or by first class United States mail addressed to his or her residence address set forth in the application and the licensee shall immediately suspend or terminate all canvassing and soliciting activities.
   (C)   Licenses issued under the provisions of this article may also be revoked at any time by the Chief of Police prior to expiration for any violation of this article where an arrest could be made.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01)
§ 5-132  APPEAL.
   Any person allegedly aggrieved by the action of the City Clerk in revoking a license or in denying the issuance of a license or by the action of the Chief of Police in revoking the license shall, upon written request, within three working days after notice of the action complained of, have the right of appeal to the City Manager.  The City Manager shall set a time and place for a hearing on the appeal and notice of the hearing shall be given at least 24 hours prior to the date set for the hearing.
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01)
§ 5-133  GEOGRAPHICAL RESTRICTIONS.
   (A)   No mobile food service establishments (mobile vendor) shall sell or vend from his or her vehicle or conveyance when:
      (1)   Within 300 feet of a public or private school grounds during the hours of regular school session, classes or school-related events in the public or private school, except when authorized in writing by the school; or
      (2)   Within 300 feet of a business establishment which is open for business and is offering for sale the same or similar product as an item offered for sale by the mobile vendor unless authorized in writing by the stationary business establishment; or
      (3)   Within 300 feet of a restaurant, café or eating establishment which is open for business unless authorized in writing by the stationary business establishment; or
      (4)   Within 300 feet of a public park of the city where a city authorized concession stand is located during times other than during the course of a public celebration except as approved by the city; or
      (5)   Within 300 feet of city property where a city authorized concession stand is located during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food at such property; or
      (6)   Within 300 feet of the location of an event issued an exclusive use permit by the city for the use of streets and/or public property during the time specified from the start through completion of the event unless they are an authorized vendor for the event.
   (B)   The 300-feet spacing distance shall be measured from the nearest point of the targeted activity property (school grounds, business establishment, restaurant, café or eating establishment, public park, city property, location for which a special event permit has been issued) to the nearest point of the vehicle, cart or structure used by the mobile vendor.
(Ord. 3307, passed 3-21-17)
§ 5-145  PENALTY.
   (A)   Any person, firm or corporation who violates any provision of this chapter, or fails to pay any license tax or to secure any license or permit required by this chapter, shall be guilty of an offense, and upon conviction thereof shall be punished as provided in this code of ordinances.  Each day upon which a violation continues shall be deemed a separate offense. 
(`90 Code, § 5-50)  (Ord. 2823, passed - -)
   (B)   Any person violating any of the provisions of this article is subject to arrest and shall be guilty of an offense and shall, upon conviction thereof in Municipal Court, be punished by a fine not to exceed $100 per offense, plus court costs.  Each day the violation continues shall be a separate offense. 
(Ord. 2972, passed 5-18-93; Am. Ord. 3093, passed 10-16-01)
Cross-reference:
   Arraignment; pleading, see § 12-24