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HomeMy WebLinkAbout1054_Part 9 Ch 1 Section 9-101 - 9-114_Solicitors_No Knock ListTulsa County Clerk - PAT KEY s 6 Doc # 2015056395 Page(s): 6 7 Recorded 06/25/2015 at 09:28 AM oktgNOMP Receipt # 545853 Fee $23.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1054 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, SOLICITORS, SECTIONS 9 -101 THROUGH 9 -114, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, THIS ORDINANCE AMENDS PART 9, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE: Part Nine, Licensing and Business Regulations, Chapter One, Solicitors, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: CHAPTER ONE SHALL BE AMENDED IN ITS ENTIRETY AS FOLLOWS. CHAPTER 1 SOLICITORS Section 9 -101 Definitions Section 9 -102 Issuance Section 9 -103 License Required Section 9 -104 Application Required Section 9 -105 Display of License Section 9 -106 No Knock List Section 9 -107 Prohibited Acts Section 9 -108 License Record Section 9 -109 License Period and Fee Schedule Section 9-110 Transfer of License Prohibited Section 9-111 Replacement of Lost License Section 9-112 Grounds for Denial or Revocation of License Section 9 -113 Process of Revocation or Denial of License and Appeal Section 9-114 Penalty SECTION 9 -101 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: 1. License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose; c. Peddling as defined in this section. 3. Solicitor: Any person who solicits. 4. Peddle: To travel from house to house, door to door, street to street, or place to place, carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the same for sale. 5. Peddler: Any person who peddles. State Law Reference: Municipal powers to levy occupational license taxes, t 1 O.S. Sections 22- 106,22 -107. SECTION 9 -102 ISSUANCE The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. 2. No license for soliciting shall be issued until a satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied. SECTION 9 -103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required, other than non - profit youth organizations, in this section, including soliciting, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. Notice shall be given to the City Clerk's office by non - profit youth organizations prior to engaging in door -to -door solicitation. SECTION 9 -104 APPLICATION REQUIRED Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal information and physical description of solicitor(s); 4. Social security number, current, valid driver's license or state issued identification card of solicitor; 5. Vehicle information relating to vehicles used in the solicitation, to include make, model, year, tag number and a copy of vehicle's current insurance verification; 6. A statement as to whether or not the applicant has been convicted of a felony or misdemeanor involving moral turpitude within the past five (5) years; 7. Valid and current State of Oklahoma sales tax permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code. SECTION 9 -105 DISPLAY OF LICENSE All persons issued a license under this section shall at all times display the license prominently on their person, shall carry at least one (1) form of photo identification, and shall produce the license and photo identification for inspection and review at any time upon request by any City official, law enforcement officer or person to whom the solicitor is attempting to solicit or peddle. Section 9 -106 NO KNOCK LIST The City Clerk shall prepare and maintain a list of all residents within the City who desire to prevent soliciting and peddling at their residence which shall be known as the No Knock List. Residents of the City who desire to have their addresses placed on the No Knock List may do so by contacting the City Clerk's office. 2. Solicitors must obtain a copy of the No Knock List from the City Clerk's office at the time they obtain a license, and are expressly prohibited from soliciting or peddling at any residence listed on the No Knock List. Contacting residents in disregard of the No Knock List may result in revocation of a Solicitor's license and /or assessment of a fine. 3. This provision shall not apply to non - profit organizations, groups and associations. SECTION 9 -107 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: It shall be unlawful for a Solicitor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence or dwelling which is listed on the No Knock List or upon which a sign stating "No Solicitors," "No Trespassers," or words of similar import indicating such persons are not wanted on the premises, is painted, affixed or otherwise plainly displayed to public view either on or near the primary entrance of the residence. This paragraph shall not apply to any Solicitor who gains admittance to a residence either by invitation or consent of the residence's occupant. 2. It shall be unlawful for any Solicitor to solicit between the hours of dusk and 9:00 a.m. SECTION 9 -108 LICENSE RECORD The City Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9 -109 LICENSE PERIOD AND FEE SCHEDULE The license fee which shall be charged by the City Clerk for a Solicitor license shall include the cost of a background check and shall be established by resolution of the City Council. No license fee shall be charged to a non - profit organization. A non - profit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and /or state income tax by virtue of its non - profit status. A registration form shall be completed and submitted whenever members or representatives of a non - profit will be soliciting or peddling within the City. SECTION 9 -110 TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION 9 -111 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. The fee for a duplicate license shall be established by resolution of the City Council. SECTION 9 -112 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE Licenses issued under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a solicitor, exhibitor, or as a canvasser; 3. Conviction of any felony or misdemeanor involving moral turpitude within the past five (5) years; 4. Conducting the business of soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. This shall include soliciting at residences listed on the No Knock List or those plainly displaying a No Soliciting or No Trespassing sign as provided for herein. SECTION 9 -113 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any law or regulation of the United States Government. 2. The City Clerk's office shall give notice either in person, by telephone, mail or email to the licensee of the denial or revocation of their license. If mailed, the notice shall be sent to the address listed on the application or license. The license shall stand revoked or denied from the time notice is made to the licensee either in person or by telephone or is received by mail by the licensee. 3. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager or his or her designee. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager or his or her designee may affirm, modify or vacate the order of revocation or denial, and his or her decision shall be final. SECTION 9 -114 PENALTY Any person who engages in soliciting or peddling without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense, and upon conviction shall be fined, including costs as provided in Section 1 -108 of this code. Every day upon which a violation continues shall be deemed a separate offense. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective on August 1, 2015. This date is more than thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 9, Chapter 1. PASSED by the City Council of the City of Owasso, Oklahoma on the /6M r r day of June, 2015. Je' I berly, Mayor r \�y 0 F 0� ATTEST: � o Sherry Bishop, ity Clerk OFFICIAL, SEAL Ok(.AHOMP F (SEAL) APPROVED as to form and legality this 1-14 day of June, 2015. Jul' Lombardi, City Attorney PUBLISHER'S ORD NO. 1054 PUBLICATION DATE(S) 07/01/15 AFFIDAVIT CASE NUMBER: ORD NO. 1054 AD NO: 00198895 LEGAL NOTICI STATE OF OKLAHOMA COUNTY OF Tulsa I, of lawful age, being duly sworn, am a 11 Owasso Reporter of Owasso, Oklahoma, of general circulation in Tulsa, Oklahoma tied to publish legal notices, advertisemen provided in Section 106 of Title 25, Ok( and 1982 as amended, and thereafter, ai other requirements of the laws of Oklaho legal publications. That said notice, a tr attached hereto was published in the re newspaper during the period and time of a suppleme 198895 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July 1, 2015. CITY OF OWASSO, OKLAHOMA ORDINANCE 1054 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSI- NESS REGULATIONS, CHAPTER 1, SOLICITORS, SECTIONS 9- 101 THROUGH 9114, OFTHE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9, CHAPTER 1, OFTHE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE: Part Nine, Licensing and Business Regulations, Chapter One, Solicitors, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amend - ad as follows: CHAPTER ONE SHALL BE AMENDED IN ITS ENTIRETY AS FOLLOWS. CHAPTER 1 SOLICITORS Section 9.101 Definitions Section x102 Issuance Section 9103 License Required Section 9.104 Application Required Section 9 -105 Display of License Section 9-106 No Knock Usi Section 9.107 Prohibited Arts Section 9.108 License Record Section 9.109 License Period and Fee Schedule Section 9110 Transfer of License Prohibited See lon 9.111 Replacement of Lost License Section 9.112 Grounds for Denial or Revocation of License Section 9.113 Process of Revocid. or Denial of Ucense and Appeal Section 9 -114 Penalty 2. Solicitors must obtain a copy of the No Knock List flora the City Clerk's office at the time they off San a license, and are expressly prohibited from soliciting or peddling at any resi- dence listed on the No Knock List. Contacting residents in disregard of the No Knock List may result In revocation of a Sdidtoes license anchor assessment of a fine. 3. This provision shall not apply to non-profit orgarrimUons, groups and associations. SECTION 9107 PROHIBITED ACTS The following ads are prohibited and may result In the revocation of any person's license: 1. it shall be unlawful for a Solicitor to ring the bell, or knock on Me door, or otherwise ahemppt to gain admittance for the purpose of sdidUngg at a residence or dwelling which is list- ed an the No Knork List or upon which a sign stating 'No Solicitors," "No Trespassers; or words of similar import Inch cating such persons are not wanted on the premises, is painted, affixed or otherwise plainly displayed to publicvim either on or near the prima entrance of the residence. This paragraph shall not apply to any Solicitor who gains admittance to a residence either by invitation or consent of the residence's occupant. 2. It shall be unlawful for any Solicitor to solicit between the hours of dusk and 9:00 a.m. SECTION 9108 LICENSE RECORD The Ci%Clerk shall maintain a record d all Solicitor licenses issued under this sedion showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9109 LICENSE PERIOD AND FEE SCHEDULE 1. The license tee which shall be merged by the City Clerk for a Solicitor license shall include the cost of a background check and shall be established by resolution of the City Council 2. No license fee shall be charged to a non - profit organization. A non - prolit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and/or state income tax by virtue of its non - profit status. A registration form shall be completed and submit - led whenever members or representatives of a non - profit will be soliciting or peddling within the City. I S SECTION 9 -101 DEFINITIONS The listed terms and phrases, as used in this section, shall be S SECTION 9 -110 TRANSFER OF LICENSE PROHIBITED Subscribed to and sworn to me this 2nd d Notary Public — 622'z'T_ Nancy Carol My commission number: 06011684 My commission expires: December 8, 2C Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 422.80 NOTARY PUBLIC•STATE OF OKLAH NANCY CAROL MC COMna.Exr. COMMISSION #060 12 -08 -2018 TULSA COUNT' character or description; b, flequesting directly or indirectly conidbmions of funds al the plea or representation that such contributions will be used for a charitable purpose; c. Peddling as defined in this section. 3. Solicitor: Any person who solicits. 4. Peddle: To travel from house to house, door to door, street to street, a place to place; carrying, conveying, or arms. porting goods, wares, or merchandise for the purpose of offering and exposing the same for sale. 5. Peddler: Any person who peddles. State Law R f rence, Municipal powers to levy occupational license taxes, 11 O.S. Sections 22 -106. 22 -107. SECTION 9102 ISSUANCE ' 1. The Issuance of all ttcenses: conedion of all - license fees, Inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the junsdicion of the City Clerk, except where such duties are placed elsewhere by the ordnance prescribing the parties let license. 2. No license for soliciting shalt be issued until a sets fadory,. application has been submitted and approved, the requfred license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied. SECTION 9 -103 LICENSE R O IR D It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage In any of the callings, trades, professions or occupations for which a license Is required, other Nan non - profit youth organizations, in this section, inducting soliciting, without first paying to the City Clerk the required fee and rwdng a Ignse as required by this section from the CiN Clerk. Notice shall be given to the City Clerk's office by non - profit youth organizations prior to engaging in door -to -door solicitation. SECTION 9104 APPLICATION R O IR D Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Fraud, misrepresentation, or false statement contained in application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a solicitor, exhibitor, or as a canvasser; 3. Conviction of any felony or misdemeanor involving moral turpitude within the past five (5) years; 4. Conducting the business of solidflng in an unlawful manner, or in such a manner as to constitute a breach of the peace, Sr to constitute a menace to the health, safety, or general welfare of the public. This shall include soliciting at resi. dences listed on the No Knock List or those plainly display- ing a No Soliciting or No Trespassing sign as provided for herein. SECTION 9113 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL 1. Al licenses Issued by the City shell be subject to revocation by the City Clerk upon an breach of any condition pre - scribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any law or regulation of the United States Government. 2. The City Clerk's office shall give notice either in person, by telephone, mail or email to the licensee of the denial or rev -. ocation of their license. It mailed, the notice shall be sent: to the address listed an the application or license. The license shall stand revoked a denied from the time notice is made to the licensee either in person or by telephone or Is received by malt by the licensee. 3. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager or his a her designee. The appealing licensee may be refire. sented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager or his or her designee may affirm, modify or vacate the order of revocation or denial, and his or her ded- Sian shall be final. 1. Name and current address of the individual, business, or SECTION ION 9114 PENALTY n­17aunf. to include Shone and email contact informs- Any person who engages in sdidting. or peddling without a valid I, of lawful age, being duly sworn, am a If Owasso Reporter of Owasso, Oklahoma,: of general circulation in Tulsa, OklahomiI fied to publish legal notices, advertiseme provided in Section 106 of Title 25, Okll and 1982 as amended, and thereafter, ai other requirements of the laws of Oklaho legal publications. That said notice, a tr attached hereto was published in the re, newspaper during the period and time of F a supplement, on the ABOVE LISTED D Repr ntative Subscribed to and sworn to me this 2nd d Notary Public M244 L�4 Nancy Carol My commission number: 06011684 My commission expires: December 8, 2C Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 422.80 NOTARY PUBLIC-STATE OF OI L NANCY CAROL COMM. ""- COMMISSION 4 IM8 -2018 TULSA COU CHAPTER 1 SOLICITORS Section 9.101 Definitions Section 9.102 Issuance Section 9 -103 License Required Section 9104 Application Required Section 9 -105 Display of License Section 9.106 No Knock List Section 9.107 Prohibited Ads Section 9 -100 License Recard Section 9109 License Period and Fee Schedule Section 9110 Transfer of License Prohibited Section 9 -111 Replacement of Lost License Section 9 -112 Grounds for Denial or Revocation of License Section 9.113 Process of Revocation or Denial of License and Appeal Section 9.114 Penalty SECTION 9101 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: 1. License: The written authority of the City, issued by its duty authorized agent, employee or officer, conferring permis- sion on some person to pursue and exercise a trade, coal Petlon, or business for a definite period of time within the arana of the City, under the conditions prescribed by ordi- nance. 2. Solicit: includes any one or more of the following a. Selling or offering for sale• ortaking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable: purpose; c. Paddling as defined In this section.- .. 3. Solidtoc Any person who solicits. Peddle: To travel tram house to house, door to door, street to street, or place to place; carrying, conveying, or trans- porting goods, wares, or merchandise for the purpose of offering and exposing the same for sale. 5. Peddler: Any person who peddles. SECTION 9,108 LICENSE RECORD The Colt' Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9109 LICENSE PERIOD AND FEE SCHEDULE 1. The license fee which shall be charged by the Lily Clerk for a Solicitor license shall include the cast of a background check and shall be established by resolution of the City Council. 2. No license tee shall be charged to a non - profit organization. A non - profit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and/or state income tax by virtue of its non - prolit status. A registration form shall be completed and submit- ted whenever members or representatives of a non - profit will be soliciting or peddling within the City. SECTION 9,110 TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise transferred, Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION -111 REPLACEMENT OF LOST LICENSE W henever an original license has been last or dewrcyed, the City Clerk shall issue a duplicate license. The fee for a dup!Sate license shall be established by resolution of the City Council. SECTION 9112 f lRQ FOR MENIAL OR REVOCATION OF LICENSE Licenses Issued under the provisions ol this section may be denied or revoked by the City Clerk for any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for license; 2. Freud, misrepresentation, or false statement made in the course of carrying on the business as a sollator, exhibitor, or as a canvasser; 3. Conviction of any felony or misdemeanor involving moral turpitude within the past five (5) years; 4. Conducting the business of sdidling in an unlawful manner. or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. This shall include soliciting at resi- dences listed on the No Knock List or those plainly display. Ing a No Soliciting or No Trespassing sign as provided lot Slate Law Refereffigg Municipal powers to levy xclupational herein. license taxes, 11 O.S. Sections 22- 106, 22 -107. SECTION 9113 SECTION 9,192 - ISSUANCE - - 1. The Issuance of all licenses; cou scum of all license fees, Inspection of all licenses, and the enforcement of license conditions and ravocetion of iicenses, shall be under the jurisdiction of the City Clerk /except where such duties are placed elsewhere by the ordnance prescribing the Purim tar license. 2. No license for soliciting shall be issued until satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied.' SECTION 2:1 LICENSE REQIIREg It Is unlawful for any person, firm at corporation, either as principal, officer, agent• servant or employee, to enggage in any of the callings, trades, professions or occupations for wttiM a license is required, other than non - profit youth organizations. in this section, including soliciting, without first paying to the City Clerk the required lee and pprocuring a license as r cored by this section from the City Cleric. Notice shall be given to the City Clerk's office by non- profit youth organizations prior to engaging In door -to-dwr solicitation. SECTION g -104 APPLICATION REQUIRED Applicants for a Sdtators license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address Of me individual, business, or organization, to include phone and email contact informa- tion; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal Information and physical description of solicitor(s); 4. Social secumy number, current, valid driver's license or state Issued identification card of solicitor;. 5. Vehicle information relating year. to hicles �en2 co sedinsolllt,- lion, to Include make, of vehicle's current insurance verification; 6. A statement as to whether or not the applicant . has been convicted of a felony or misdemeanor Involving moral turpi- tude within the past five (5) years; PROCESS OF REVOCATION OR DENIAL OF LICENSE ANO APPEAL 1. All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition pre- scribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in vitiation of any law or regulation ol the United States Government. 2. The City Clerk's office shall give notice either in person, by telephone, mail or email to the licensee of the denial or rev-, bastion of their license. If malted, the notice shall be sent . to the address listed on the application or license. The license shall stand revoked a denied from the time notice is made to the licensee either In person or by telephone or Is received by mail by the licensee. - 3. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager or his or her designee. The appealing licensee may be repre, sented by counsel. The hearing shall be conducted In an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City - Manager or his or her designee may affirm, modify or vacate the order of rewasatlon or denial. and his or her ded- arm shall be final. SECTION 9114 PENALTY Any person who engages in soliciting or peddling without a valid license or permit as required or who violates any provision of this section, is guilty of an offense, and upon conviction shall be fined, including costs as provided in Section 1.108 of this code. Every day upon which a violation continues shall be deemed a separate offense. SECTION TWO (2): REPEALER AI ordinances or parts at ordi- nances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABIMTY If any part or parts ol this ordinance are deemed unconstitullonai, invalid or ineffective the remaining portion shall not be affected but shall remain in lull ]once and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATEThe pro- visions of this ordnance shall become effective on August 1, 2015. This date is more than thirty (30) days from the date of final pas- sage as provided by state law. 7. Valid and current State of Oklahoma sales tax permit infor- mation, unless the applicant can prove to the City Clerk's SECTION FIVE (5): CODIFICATION The City of Owasso Code of satisfaction that such permit is not mandated under the def- Ordinances is hereby amended as shown above and cocrified in inition of the State Tax Code. Part 9, Chapter L SECTION 9105 DISPLAY OF LICENSE AI persons issued a license under this section shall al ail tim...Is, play the license prominently on their person, shall carry at least one (1) form of photo Identification, and shall produce the license and photo identification for inspection and review at any ttme upon request by any City official, law enforcement officer or person to whom the solicitor is attempting to solicit or peddle. Section 5406 No KNOCK LIST 1. The Ctty Clerk shall prepare and maintain a list of all resi. dents within the City who desire to prevent soliciting and padding at their residence which shall be known as the No Knock List. Residents of the City who desire to have their addresses placed on the No Knock List may do so by can- facing the City Clerk's office. PASSED by the City Council of the City of Owasso. Oklahoma on the 16th day of June, 2015. - !s/ Jeri Moberly, Mayor ATTEST: /a/ Sherry Bishop, City Clerk APPROVED as to form and legality: /s/ Julie Lombardi, City Attorney The City Wit out Limits. TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council City of Owasso Julie Trout Lombardi City Attorney and General Counsel APPRO VEO BY COUNCIL JUN 162015 Amendment to Ordinances Governing Door -to -Door Solicitors and Resolution Establishing Fee Schedule June 12, 2015 BACKGROUND: The chapter within the Owasso Code of Ordinances governing door -to -door solicitors was previously amended in June, 2011 at which time additional requirements to obtain a solicitor's license were imposed. Despite the enhanced requirements, commercial door -to -door solicitors in Owasso continue to present numerous challenges and concerns for citizens and law enforcement. Staff has proposed supplemental amendments to the ordinances governing solicitor licenses in an effort to address these issues. The primary amendment to this section creates a "No Knock" list containing residential addresses whose occupants do not wish to receive commercial solicitations of any kind. Citizens will be able to place their addresses on the list through a variety of methods. The list would be provided to solicitors when they receive their license, and they would be prohibited from soliciting at all addresses on the "No Knock" list. Failure to comply could result in revocation of the solicitor license. It is important to recognize that a "No Knock" list provision would not be applicable to non - profit vendors (such as school groups, Girls Scouts, etc...) or to persons seeking to disseminate political or religious information. Only commercial door -to -door vendors would be affected by this amendment. In addition to the "No Knock" list, the proposed amendments would additionally exempt non- profit youth organizations from the requirement to obtain a solicitor license. Instead, notice shall be given to the City Clerk's office that a non - profit youth group is engaging in door -to -door solicitation. This will facilitate awareness by law enforcement of what groups are engaged in door -to -door sales and allow City staff to answer inquiries from citizens. A proposed resolution establishing a fee schedule for solicitor licenses has also been attached for Council review and consideration. Previously, fees for daily, weekly and six -month solicitor licenses were listed in the ordinance. Staff recommends removing the fee schedule from the ordinance and establishing fees by resolution instead. This allows greater flexibility for changes within the fee schedule, if necessitated, given that resolutions are not subject to the costly publication requirements statutorily mandated by amendment of an ordinance. The proposed fee categories in the resolution have been changed to weekly and monthly solicitor licenses along with a nominal fee for duplicate licenses. The proposed weekly and monthly fees are inclusive of all administrative and background check costs. PROPOSED ACTION: Approval of Ordinance 1054 amending the ordinances governing solicitor licenses and additional approval of Resolution 2015 -11 establishing a fee schedule for weekly, monthly and duplicate licenses. RECOMMENDATION: Staff recommends approval of Ordinance 1054 and Resolution 2015-11 ATTACHMENTS: Ordinance 1054 Resolution 2015 -11