A. Definitions. The following words, terms and phrases, when used in this article and elsewhere in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DOOR-TO-DOOR: Traveling upon any street, sidewalk, or any public place on foot or by any type of conveyance going from structure to structure or from house to house on private property
MOTOR VEHICLE: Any vehicle used for the displaying, storing, or transporting of articles offered for sale by a vendor which is required to be licensed and registered by the department of motor vehicles.
PEDDLER: Means and includes any person going door-to-door within the City of Woodward conveying or transporting goods, wares or merchandise, or offering or exposing the same for sale, or making sales and delivering articles to purchasers.
PERSON: as used herein shall include the singular and plural and shall also mean and include any person, company, firm or corporation, association, club, co-partnership or society or any other organization or legal entity, whether as owner, principal, agent, consignee or employee.
SOLICITOR: Any person going door-to-door within the City of Woodward engaging in any one (1) or more of the following activities:
1. Seeking or soliciting sales or taking orders for the sale of goods, wares, or merchandise (including magazines, books, periodicals, realty, tangible or intangible personal property of any nature, including insurance) and such orders are for future delivery or for services to be performed in the future, irrespective of such person having, carrying or exposing for sale a sample of the subject of such order, and irrespective of such person collecting or not collecting advance payment on such orders.
2. Seeking contributions, gifts, or donations of money, clothing or any other valuable thing for the support or benefit of any private person, cause, benefit, organization, association, corporation, project or charity.
3. Seeking opinions, preferences, or other information for commercial purposes.
4. Acting as a peddler as defined herein.
STAND: Any table, bench, booth, rack, handcart, pushcart, or any other fixture or device which is not required to be licensed and registered by the department of motor vehicles, used for the display, storage, or transportation of articles offered for sale.
TEMPORARY BUSINESS: As used herein means any business or business activity conducted or transacted in the city for a period of one hundred eighty (180) contiguous calendar days or less, and/or for which definite arrangements have not been made for the hire, rental, or lease of private property or premises for at least one hundred eighty-one (181) contiguous calendar days, in or upon which such business or business activity is to be operated or conducted.
TEMPORARY FOOD SERVICE ESTABLISHMENT: An establishment where food or drink is offered for sale or sold at retail from a fixed temporary facility or from a mobile readily moveable facility.
TEMPORARY STRUCTURE: Any tent, membrane structure, and other structure, including any mobile structure, erected for a period of one hundred-eighty (180) contiguous calendar days or less.
TRANSIENT MERCHANT: Means and includes any person, whether a resident of the city or not, offering or exposing goods, wares, and merchandise for sale to the public from a temporary location on properly zoned private property, whether indoor or outdoor, which is not such person's permanent business location or place of business. This shall also include the seasonal sale of Christmas trees, plant materials, fruits or vegetables to the general public on private property but shall not include the sale of food or drink.
B. Temporary business license required.
1. Unless otherwise exempted in this Title, it shall be unlawful for any person or company to operate or engage in a temporary business as herein defined within the city without first having paid the fees associated therewith as established in the general schedule of fees and having procured a temporary business license from the city to do so, and without complying with any specific requirements set forth herein.
2. This temporary business license shall be in lieu of a general business license as required by Chapter 110 of this Title, but shall be additional and supplemental to any other requirements imposed by the city, state or federal government to obtain a business license or any other required license or permit.
3. An applicant shall state thereon his name and permanent address; the number and kind of vehicles, if any, intended to be operated; the kind of article or merchandise to be sold; the Oklahoma State Sales Tax permit number under which sales tax is remitted if applicable, and any other information requested on the application form.
4. No person shall be relieved from complying with the provisions of this section 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.
5. A person granted a license pursuant to this section shall not be relieved from fully complying with all applicable city, county, and state codes which regulate business activity or occupancies including building, fire, mechanical, electrical, plumbing, and zoning codes.
C. Exemptions. A temporary business license is not required by any of the following:
1. Sales at wholesale to retail merchants by commercial travelers or selling agent in the usual course of business.
2. Any sale sponsored by an Oklahoma State recognized school or university which is located within the corporate limits of Woodward.
3. The delivery of goods to a regular customer by a permanent business under any general or customary arrangement as might be made with regular clientele.
4. Vendors of farm or dairy products produced by the person selling or offering them for sale.
5. The gratuitous dissemination of any materials with respect to noncommercial matters.
6. Any charitable organization currently registered with the State of Oklahoma Secretary of State pursuant to the Oklahoma Solicitation of Charitable Contributions Act.
7. Sales of goods, wares and merchandise made as a part of any residential garage or yard sale.
8. Sales of goods, wares, and merchandise made as a part of any arts and crafts festival, show, bazaar, bake sale, or similar event lasting not longer than three (3) days.
9. Sales of food and drink made as a part of any arts and crafts festival, show, bazaar, bake sale, or similar event lasting not longer than three (3) days.
10. Sales of goods, ware, merchandise, food, or drink made by recognized youth organizations, including, but not limited to, Boy Scouts of America, Girl Scouts of America, FFA, 4-H, church youth organizations, etc.
11. Traditional neighborhood refreshment, food, homemade ware stands operated in residential areas primarily by minors.
12. Activities involving the expression of First Amendment speech.
D. License fee and term. Unless otherwise provided herein, the fee for a temporary business license shall be based upon the term of the license and shall be in an amount as established in the general schedule of fees. Any license issued under this section shall be valid only for the period stated on the license, not to exceed one hundred eighty (180) contiguous calendar days.
E. Limitations and conditions of operation.
1. All temporary business activities, whether conducted on foot or from a vehicle, shall be conducted in strict accordance with all city and State traffic and parking laws.
2. No person shall operate or cause to be operated any sound truck, sound amplifying equipment, loud speaker, public address system, radio, music, or similar device in conjunction with a temporary business license which produces a loud noise intended to attract the attention of the public or occupants of any property.
3. A temporary business operation shall comply with the City of Woodward sign regulations as well as other applicable zoning regulations.
4. No temporary business operation shall obstruct a safe line of sight from any street or private drive used to exist the subject property or cause other sight-related problems.
5. All trash and debris accumulated as a result of any temporary business activity shall be collected and deposited in a proper trash container.
6. Any license issued under this section shall be valid only for the period stated on the license, not to exceed one hundred eighty (180) contiguous calendar days.
7. All licenses issued under this section shall be publicly displayed in a conspicuous location at all times during the operation of the business.
8. The license provided for herein shall not be transferable nor give authority to more than one (1) person to conduct business as authorized.
F. Additional Requirements for Door-to-Door Solicitors
1. Additional requirements. No person shall operate a temporary business within the city which involves the use of door-to-door solicitors without having provided the following information and documents to the city clerk.
a. Posting of surety bond in the amount of two thousand dollars ($2,000.00) secured by the applicant as principal by a corporate surety company authorized to do business in the State of Oklahoma in the amount as identified herein. Such bond shall be payable to the City of Woodward for the use and benefit of any person entitled thereto, and conditioned that the principal and surety will pay all damages to persons caused by, arising from, or growing out of wrongful, fraudulent or illegal conduct of the licensee and/or the licensee's employees or agents while conducting the business in the city. The surety bond may also be used to secure collection and payment to the Oklahoma Tax Commission of all city sales tax due and payable by reason of sales made within this city. Such bond shall be forfeited to the city if applicant does not, within ninety (90) days of the expiration of his license, demonstrate by affidavit or otherwise that such sales taxes have been paid. The bond shall remain in full force and effect for one (1) year from the date of license issuance.
b. Results of a criminal background report verifying the applicant has not been convicted within the last ten (10) years of any felony or of any crime involving murder, manslaughter, kidnapping, robbery, rape or sexual assault, arson, burglary, or grand larceny, as defined by State and Federal law.
c. A photograph, along with the license number, description, and registration of all vehicles to be used in conjunction with business operations.
d. A description of the goods, wares or merchandise to be sold.
e. Description, size, and content of any signage to be used in conjunction with business operations.
f. Schedule with times and dates of door-to-door solicitation.
g. A certificate of insurance verifying that the applicant has general liability and workers compensation insurance in the amount required by the State of Oklahoma when licensing the appropriate trade.
h. Verification by copy thereof that the applicant is a vendor registered with the Oklahoma Tax Commission for the payment of sales tax, or other proof that sales tax has been or is being paid on the merchandise sold or to be sold.
2. Operating rules and regulations.
a. No solicitor shall operate in any residential section of the city except between the hours of 9:00 a.m. and 8:00 p.m., or sunset whichever is earlier, on any day except Sunday. On Sunday, no solicitor or canvasser shall operate in any residential section of the city except between the hours of 12:00 noon and 6:00 p.m., or sunset whichever is earlier.
b. No solicitor shall go or enter upon any premises, or shall ring the doorbell upon or near any door of a residence, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant or otherwise attempting to gain admittance to the premises of any private residence in the city where the owner or occupant of any such premises has indicated his desire not to be contacted for sales or solicitations by plainly displaying to public view a sign on those premises stating "No Soliciting", "No Solicitors", "No Trespassing" or words of similar import which indicates such persons are not wanted on the premises. Any such entrance or attempt to peddle or solicit such signed premises shall constitute a trespass upon private property.
c. No solicitor shall stand in a roadway or median used to channel traffic, nor shall any solicitor place any body part in or over a roadway, or extend into or over the roadway any device, container, or sign for the purpose of soliciting from the occupant of any vehicle.
G. Additional Requirements for Transient Merchants:
1. Additional requirements. No person shall conduct business as a transient merchant within the city without having provided the following information and documents to the city clerk.
a. Posting of surety bond in the amount of two thousand dollars ($2,000.00) secured by the applicant as principal by a corporate surety company authorized to do business in the State of Oklahoma in the amount as identified herein. Such bond shall be payable to the City of Woodward for the use and benefit of any person entitled thereto, and conditioned that the principal and surety will pay all damages to persons caused by, arising from, or growing out of wrongful, fraudulent or illegal conduct of the licensee and/or the licensee's employees or agents while conducting the business in the city. The surety bond may also be used to secure collection and payment to the Oklahoma Tax Commission of all city sales tax due and payable by reason of sales made within this city. Such bond shall be forfeited to the City if applicant does not, within ninety (90) days of the expiration of his license, demonstrate by affidavit or otherwise that such sales taxes have been paid. The bond shall remain in full force and effect for one (1) year from the date of license issuance.
b. A photograph, along with the license number, description, and registration of all vehicles to be used in conjunction with business operations.
c. A description of the goods, wares or merchandise to be sold.
d. Description, size, and content of any signage to be used in conjunction with business operations.
e. The time period for which applicant wishes to do business.
f. Proposed location, site plan depicting the location of any structure, vehicle, sign or display to be used while conducting business along with the location and number of off-street parking spaces available to serve the business, hours of operation and any other related information requested by the city.
g. A written document verifying approval of the property owner for applicant's location thereon.
h, Verification that the applicant is a vendor registered with the Oklahoma Tax Commission for the payment of sales tax, or other proof that sales tax has been or is being paid on the merchandise sold or to be sold.
2. Operating rules and regulations.
a. No person shall operate a transient merchant business upon or within any location, building, or structure that is not properly zoned for the location of such business.
b. A transient merchant operation shall not reduce any existing required off-street parking spaces on the site. (Ord. 1747, 4-17-2023)