A. Tax Imposed: A license tax is hereby levied on every person engaging in, exercising, or pursuing any of the following businesses, professions, trades, occupations, or privileges in the City, in the amounts respectively indicated:
1. Pawnshops: For each pawnshop, fifty dollars ($50.00) per year. The pawnshop must have a permit from the State if it is subject to paying sales taxes in order to do business in the City.
2. Itinerant Shows: For each itinerant show, exhibition, or entertainment of any kind which charges admission, including all activities under its auspices, fifty dollars ($50.00) per day. This subsection shall not apply to circuses, street fairs, and carnivals, nor to any athletic exhibition given by public or private schools, nor to any event given under the auspices of a local nonprofit organization, nor to any event from which all the proceeds go to some charitable or eleemosynary cause.
3. Circuses: For each circus with one or two (2) rings, fifty dollars ($50.00) per day; with more than two (2) rings, seventy five dollars ($75.00) per day.
4. Street Fairs Or Carnivals: For each street fair or carnival, including all activities under its auspices, fifteen dollars ($15.00) per day or fifty dollars ($50.00) per week.
5. Shooting Galleries: For each shooting gallery, skill or strength game, or game of chance, such as knife boards, rag or wooden images or other thing or things at which rings, balls, or other things are thrown, pitched, or shot, lung testing or striking machine, or similar device, five dollars ($5.00) per day, or fifty dollars ($50.00) per month. This subsection shall not apply to games under the auspices of street fairs, carnivals, and circuses, nor to family recreation halls or arcades as defined in section 4-1-6 of this chapter.
6. Ferris Wheels: For each ferris wheel, merry-go-round, small cars, or similar apparatus, when not under the auspices of a street fair, civic club, carnival, or circus, five dollars ($5.00) per day, or fifty dollars ($50.00) per month.
7. Wrestling Matches: For wrestling matches, professional, ten dollars ($10.00) per day.
8. Itinerant Persons (see also chapter 3 of this title): For each itinerant person, agent or solicitor selling, offering for sale, taking orders for, or offering to take orders for, goods, products, wares, patent medicines, magazines, services, or other things of any kind, excepting wholesalers, and persons or organizations licensed or regulated by the State of Oklahoma, five dollars ($5.00) per day. The permit shall expire at nine o'clock (9:00) P.M. of the date issued. No proration of the fee is permitted.
9. Dance Halls:
a. For each dance hall or place where public dances, public amusements, theatrical programs or music concerts are held, ten dollars ($10.00) per day. This subsection shall not apply to dances, concerts or programs held under the auspices of recognized local nonprofit organizations. It shall be within the discretion of the City Clerk and Chief of Police or his designee to refuse the issuance of the license if:
(1) The kind or character of place of amusement for which the license is prayed should appear to be contrary to public peace, health, or safety; or
(2) A dance will be in violation of this Code or State law.
b. An appeal may be taken from the decision of the City Clerk or Police Chief or designee to the City Council.
10. Pool, Billiard Or Other Recreation Devices Or Halls: For each pool, billiard or other recreation device or hall, or for each coin-operated amusement device, as such terms are defined by State law, twenty dollars ($20.00) per year.
11. Food Trucks:
a. Definitions:
FOOD TRUCK: As used in this ordinance, means a MOBILE FOOD SERVICE ESTABLISHMENT as defined by the Oklahoma Department of Health, and does not include Mobile Retail Food Service Establishment or Push Carts. Vendors qualifying as Mobile Retail or Push Carts may operate only under special permit for designated events under 4-1-1.
b. License Required: For Food Trucks, only one license is needed for each establishment, not each employee onsite selling the food.
c. Application:
(1) Vendors for an organized fair carnival, circus, festival, public exhibition, or similar gathering are covered under separate permit under 4-1-1.
(2) FOOD TRUCKS may be permitted to operate at Food Court locations designated by the City or at such locations within the City upon private property. A private location must comply with public access and traffic regulations, and must provide waste receptacles for public use.
(3) A FOOD TRUCK vendor must maintain a current license from the Oklahoma Department of Health and current Oklahoma Sales Tax Permit at all times under the City license, each of which must be prominently displayed along with the City license hereunder obtained at the point of sale on the Food Truck. In the event a vendor obtains a City license that extends beyond the term of either Oklahoma health license or tax permit, the vendor must provide a current copy of the new Oklahoma license/tax permit within 1 week of the expiration of the former Oklahoma license/permit. A copy of the current Oklahoma health license and sales tax permit must be presented at the time of application for a City license. If the Oklahoma license/tax permit is not turned in, the City license will be terminated.
(4) The FOOD TRUCK vendor must comply with all traffic laws and must maintain a unit in good repair and sanitary condition, operate in a manner which does not disturb the peace and enjoyment of the community and be self-contained for all power, water, sanitation and food and non-food waste, and be fully responsible for the independent location of disposal of grease and wastewater.
(5) Mobile Food Trucks that will be traveling-moving while selling merchandise must provide identification and background checks of the individuals acting on behalf of the Food Truck, including proof of age, address, photograph and a background check.
(6) The City shall have the power to revoke, deny, suspend, or modify any applicant or licensee hereunder for violation of this ordinance or any other ordinance of City or violation of State law, or significant unresolved complaints with regards to operation, cleanliness or sanitation.
(7) FOOD TRUCK courts will be designated locations open for operation during specified days and hours. The sites will be open for set up approximately 5 hours before the start and 5 hours after the end of the operation hours and all trucks and any other property will need to be removed on a daily basis. The City reserves the right to limit the number of FOOD TRUCKS per court date for reasons of limited space or public safety.
(8) FOOD TRUCK licenses can be purchased weekly or annually and the City may take up to 10 business days to approve the license. The City reserves the right to limit the number of licenses for reasons of limited space or public safety. The license hereunder shall expire at the end of its term or at 12:01 a.m. the eighth day of a weekly license or on the three hundred sixty-sixth day of a yearly license.
(9) ln the event that the City designates a public way as a Food Court, all public access to the Food Truck must be on the side of the truck facing away from vehicle traffic, and if present, along the sidewalk. The Food Truck cannot block access to a structure for emergency response purposes and cannot interfere with traffic flow. The City reserves the right to specify exact locations on public ways and in no event shall a state or federal highway be used as a Food Truck Court. The City reserves the right to limit the times and dates upon which Food Truck Courts may be designated in public ways. (Ord. 329-23, 4-10-2023)
d. License Fee: The license fee for each FOOD TRUCK vendor shall be $5 per week or $30 per year.
B. State Sales Tax Permit: In order to receive a license under this chapter, every person, firm or corporation regulated pursuant to this section is required to possess a valid and current State sales tax permit if such person, firm or corporation is a vendor subject to collection of sales taxes under the Sales Tax Code of the City and State (68 OS §§ 1350 through 1354) and any appropriate State license which may be required to conduct the business or activity. A copy of this permit or license shall be provided by the applicant for a license to the City Clerk prior to issuance of the City license.
(Prior Code § 9-101; Ord. 329-23, 4-10-2023)