TITLE 4
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSING PROVISIONS
GENERAL LICENSING PROVISIONS
SECTION:
4-1-1: Applications
4-1-2: Persons Subject To License
4-1-3: Forms
4-1-4: Signatures
4-1-5: Inspections Or Investigations
4-1-6: Term Of License
4-1-7: Posting License
4-1-8: Building And Premises
4-1-9: Change Of Location
4-1-10: Nuisances
4-1-11: Misrepresentation Of Weights And Measures
4-1-12: Sale Of Merchandise On Vacant Property
4-1-13: Revocation Of License Or Permit; Hearing
4-1-14: Penalty
Applications for all licenses and permits required by this Code shall be made in writing to the City Clerk or his designee, unless otherwise specifically provided by law. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be required by the issuing official. (2019 Code)
Whenever in this Code a license is required for the maintenance, operation or conduct of any business or establishment or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to this requirement if by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the City. (2019 Code)
Upon the receipt of an application for a license or permit, where laws of the City necessitate an inspection or investigation before the issuance of such permit or license, the City Clerk shall refer such application to the proper officer for making such investigation within forty eight (48) hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof. (2019 Code)
It shall be the duty of any person conducting a licensed business in the City to keep his license posted at all times in a prominent place on the premises used for such business, or to carry such license on his person if there is no premises on which to display such license. (2019 Code)
In the absence of any provision to the contrary, the location of any licensed business or occupation or of any permitted act may be changed, provided ten (10) days' notice thereof is given to the City Clerk; and further provided, that there is compliance with the building requirements of this Code. (2019 Code)
A. With regard to food, fuel, clothing, or any other service or commodity, it shall be unlawful for any person, firm or corporation to:
1. Sell, offer, or expose for sale any food, fuel, clothing, or any other commodity which does not weigh or measure fully as much, according to standard weights or measures of the State of Oklahoma, as the weight or measure for which it is sold or offered for sale, or in a quantity less than the quantity represented; or
2. Take more than the represented weight or quantity when, as a buyer, the person furnishes the weight or measure by means of which the quantity is determined; or
3. Represent the weight or quantity in any manner calculated or tending to mislead or in any way deceive another person; or
4. Misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, or represent the price in any manner calculated or tending to mislead or in any way deceive a person.
B. It shall be unlawful for a store to charge a retail price for any consumer item which exceeds the lowest then price in that store, whether a shelf, sale, advertised, or otherwise publicly communicated price, of the consumer item. (2007 Code § 5-62; amd. 2019 Code)
A. City Authority: Any license or permit, for a limited time, may be revoked by the City Commission, after adequate opportunity for a hearing, during the life of such license or permit. Such revocation may be in addition to any fine imposed. The City Commission shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business license or permit for a period not to exceed fifteen (15) days.
B. Causes For Revocation: Business licenses and permits issued under this Code or the ordinances of the City, unless otherwise provided, may be revoked by the City Commission after notice and hearing for any of the following causes:
1. Any fraud, misrepresentation or false statement contained in the application for the license or permit.
2. Any violation by the licensee or permittee of this Code, ordinance provisions or State law relating to the license or permit, the subject matter of the license or permit, or the premises occupied.
3. Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude.
4. Failure of the licensee or permittee to pay any fine or penalty owing to the City.
5. Refusal to permit an inspection or investigation or any interference with a duly authorized City officer or employee while in the performance of his duties in making such inspections, as provided in this Code. (2019 Code)
Any person who violates any provision of this chapter shall be guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed the limits established in section 1-10-21 of this Code, and is subject to revocation of any license. Each day upon which a violation continues shall constitute a separate offense. Conviction shall also void any and all licenses and permits issued under the provisions of this chapter, to the person, firm or corporation in violation of said provisions. (2007 Code § 5-100)
A. License Fee: Each and every person engaged in the business of pawnbroker or person engaged in the business of making loans on pledges of chattels or personal property shall, before the exercise of the occupation, pay a license fee in the amount provided in the fee schedule expiring on December 31 of each year.
B. Register Of Transactions:
1. Register Required: Every pawnbroker shall keep at his place of business a register in which he shall enter in writing a minute description of all property taken, purchased or received by him, including any number that may be in stock of such article or articles, together with the time and the name and place of residence (giving street and number, if within the City) of the person leaving the property, also the amount loaned, the interest charged and the time when the loan falls due. The register shall be kept clean, in good order and plainly legible. He shall make such entries within one hour after the receipt or purchase of any and all such property.
2. Entries In Register:
a. Every entry shall be made in the register in ink and shall not in any manner be obliterated or erased. The pawnbroker shall give a plainly written or printed ticket to the person negotiating or leaving such property, having upon it a full and perfect copy of all the entries required by ordinance to be kept in such register for which a copy at no charge shall be made. Upon demand, a copy shall also be furnished to the Police Department. It shall be the further duty of each and every pawnbroker to make out and deliver to the Chief of Police on each and every day, before the hour of twelve o'clock (12:00) noon, a legible and correct copy from the register of all personal property or other valuable things received or deposited or purchased and a description of the person or persons by whom left in pledge or from whom the same was purchased.
b. No person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased at open sale or from any bankrupt stock or from any other person having an established place of business. Such goods shall be accompanied by a bill of sale or other written evidence of open and legitimate purchase and shall be exhibited to any public officer when demanded.
3. Register Inspection: The register, so kept by the person, shall at all times be open to the inspection of the police of the City and the Sheriff or Deputy Sheriffs of the County, or by any person authorized in writing for that purpose by any of such officers, which authority shall be exhibited to the pawnbroker. The pawnbroker shall, upon request, show and exhibit to such person or officer, for inspection, any article purchased, taken or received by him, unless the time of the pledge has expired and the goods sold and delivered to the purchaser.
C. Hours Of Business: No pawnbroker shall purchase, receive, or take on deposit from any person, any article of property between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M.; and their places of business shall remain closed all day Sunday and on the following legal holidays: New Year's Day, Martin Luther King Day, Presidents Day (third Monday in February), Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans Day (November 11), Thanksgiving Day, and Christmas Day.
D. Suspicious Circumstances: Any suspicious circumstances, sufficient to put any ordinarily prudent person upon his guard, shall be sufficient notice to the pawnbroker or person making loans on pledged chattels or purchasing the same that the property involved or tendered is or may be stolen property. Any knowledge, notice, or information as to the improper character of the person offering chattels in pledge shall in each case require positive proof of the holder's right to dispose of the property.
E. Operation In Violation Of State Law: No person shall operate a pawnshop in violation of any Oklahoma State law pursuant to 21 Oklahoma Statutes sections 1092 and 1093, as amended, also 59 Oklahoma Statutes sections 1501 through 1531, as amended, which are hereby incorporated into this Code with the same force and effect as if fully set out in this section. (2019 Code)
A. Employment Of Minors: It shall be unlawful for any owner, manager or operator to employ or permit any minor (as defined by current State law) to work in a pool, billiard, domino or card hall or parlor; it shall be unlawful for any minor (as defined by current State law) to work in such a hall or parlor. (2007 Code § 5-63)
B. Allowing Minors To Loiter On Premises: It shall be unlawful for any person in charge of any hall or parlor mentioned in subsection A of this section to permit any minor (as defined by current State law) to loiter in such a hall or parlor, or to play games therein, unless he is accompanied by a parent or guardian. It shall be unlawful for such minor to loiter in such a hall or parlor, or to play games therein unless he is accompanied by a parent or guardian. (2007 Code § 5-63; amd. 2019 Code)
C. Gambling; Disorderly Conduct: It shall be unlawful for the owner, manager or operator of a pool, snooker, billiard, domino or card hall or parlor, or bowling alley to permit therein gambling, betting, operation of a lottery, sale, furnishing or drinking of intoxicating liquor, disorderly conduct, loud or disturbing language, noise, loud music, profane language or any other violation of State laws or this Code.
D. Exception, Family Centers: Subsections A, B and C of this section shall not, however, apply to establishments created as family entertainment and recreation centers for the use and enjoyment of the entire family (regardless of age). It shall be unlawful for the owner, manager or operator of such a family center to permit the sale, furnishing or drinking of alcoholic beverages of any type.
E. Coin-Operated Devices; Amusements:
1. License Required: No person, firm or corporation, either as principal or agent, shall own, operate, lease or permit to be operated on the business premises of such person, firm or corporation, any form of coin-operated machine or other device intended for the use of, or used by, persons patronizing such business for such persons' amusement or entertainment, including, but not limited to, bowling machines, shuffleboards, pinball and associated similar machines, and music playing machines commonly called juke boxes, without first paying to the City Clerk the license fee hereinafter prescribed and procuring a license therefor. (2007 Code § 5-63)
2. License Fee:
a. The license fee prescribed herein shall be, unless otherwise specified on the face of the license, an annual license fee and shall expire on December 31 of the year for which it is issued. No license shall be issued until the amount prescribed therefor has been paid in full to the City Clerk. All licenses procured under the provisions of this section shall be prominently displayed on, or in the immediate vicinity and in clear view of, the machine for which is was purchased. Licenses shall be signed by the City Clerk, who shall affix the Corporate Seal of the City thereto. (2007 Code § 5-63; amd. 2019 Code)
b. The license fee imposed in subsection E2a of this section shall be five dollars ($5.00) per year, per machine or shuffleboard. Licenses issued for a period of six (6) months or less shall cost two dollars fifty cents ($2.50) per machine or shuffleboard. (2007 Code § 5-63)
A. Compliance With Statute: Every shooting gallery constructed, established, set up or operated hereafter, either permanently or temporarily, within the corporate limits of the City shall be constructed, established, set up and operated in accordance with the standards, specifications and requirements of 63 Oklahoma Statutes sections 701 through 708, as amended, and shall comply with all the requirements thereof.
B. Local License: No shooting gallery shall be operated until any licenses required by this Code have been secured therefor. (2007 Code § 5-61)
A. Definition: For the purpose of this section, the terms "junkyard" or "salvage yard" shall mean any establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard; said terms shall also include garbage dumps and sanitary landfills.
B. Location Near Right-Of-Way: No junkyard or salvage yard shall be located nearer than fifty feet (50') from the right- of-way.
C. Screening View From Highway; Fencing: All junkyards or salvage yards shall be screened from view of any road or highway running adjacent thereto, by the construction of a sightproof fence with a minimum height of at least eight feet (8'), or such material as may be approved by the City Commission, or by the planting of appropriately sized shrubbery.
D. Nuisance Conditions Prohibited: No junkyard or salvage yard shall be operated in such a manner as to cause the creation of a public nuisance to the health, safety and welfare of the residents of the surrounding areas. (2007 Code § 5-65)