A. Contents of application. Applicants for a permit under this article must file with the City Clerk a verified sworn application in writing on a form to be furnished by the City Clerk, which shall give the following information:
1. Name and description of applicant.
2. Address.
3. Brief description of business, goods to be sold, location desired.
4. Time period for which applicant wishes to do business.
5. License number and description of vehicle to be used, if applicable.
6. Verification that applicant is bonded as a group three vendor by the State Tax Commission or other proof that sales tax has been or is being paid on the merchandise sold or to be sold, if applicable.
7. If applicable, proof that a County health permit has been obtained.
8. If applicable, proof that a certificate of inspection has been obtained from the State Board of Agriculture under the provisions of 2 O.S. § 3-22.
9. Photo of the person or persons to be selling.
10. Content of signs to be used.
11. Site plan depicting the location of any structure, vehicle, sign, or display to be used while conducting the business.
12. Fee is required at the time of filing, as provided in Section 78-62 and shall be paid to the City Clerk.
B. Review of application. The City Clerk shall review the application to ensure:
1. That applicant is aware of his responsibility to collect and pay sales tax and that the applicant is properly registered with the State Tax Commission. If the applicant is not properly registered with the tax commission, the permit will not be issued.
2. That the chosen location is commercially zoned and does not extend onto the public right-of-way and or public property.
3. That the applicant's business operation will not obstruct a safe line of
sight from any street or private drive used to exit the subject property or cause other sight distance-related problems.
4. That the applicant's business operations will not reduce the required off- street parking of the host business.
5. That a valid County health permit is obtained, if required.
6. That a valid certificate of inspection has been obtained from the State Board of Agriculture under the provisions of 2 O.S. § 3-22, if required.
C. Approval of application. Within seven (7) days after receipt of the application, the City Clerk shall either approve or disapprove of the application.
1. If the application is approved, the clerk shall issue the permit within three working days after the approval.
2. If the application is not approved, the City Clerk must state with specificity the reason or reasons for non-approval and the City Clerk shall notify the applicant within three (3) working days after non-approval. Proper mailing to the address shown on the application shall be adequate notification to the applicant.
D. Records check. Any person making application to the City of Purcell for a permit under this section must in addition grant the City of Purcell permission to run a complete background check on the applicant to include, but not be limited to, the Oklahoma Supreme Court Network (OSCN) Database and the Trans Union Database. Any applicant shall further provide the City of Purcell with an Oklahoma State Bureau of Investigation Criminal History report and any further criminal background checks required by Purcell at applicant's expense.
E. Denial of application. The City Clerk may deny the application if any of the following appear as a result of said background check, to wit:
1. Any fraudulent statement, false statement or misrepresentation is contained in the application for permit;
2. The applicant has been convicted of, pled guilty or nolo contendere to, or received a deferred adjudication in any jurisdiction for any of the following:
a. Any sexually related crime, whether or not such plea, conviction or adjudication would result in the applicant being determined to be a sexual predator;
b. Any type of assault and battery whether misdemeanor or felony;
c. Any judgment, plea, conviction or deferred adjudication involving any type of criminal or civil fraud or misrepresentation;
d. Any crime related to, or associated with, the illegal use and/or distribution of drugs which shall include alcohol;
e. Any conviction, plea or deferred adjudication involving domestic abuse.
(Ord. No. 01-04, § 9-204, 5-7-2001; Ord. No. 12-11, §§ 1, 2, 10-1-2012; Ord. No. 17-16, § 1, 8-7-2017)