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HomeMy WebLinkAboutPart 09 Licensing and Business Regulations Licensing and Business Regulations PART 9 LICENSING AND BUSINESS REGULATIONS 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 CHAPTER 2 ITINERANT VENDORS Section 9-201 Definitions Section 9-202 License Required Section 9-203 Application Section 9-204 Exemption Section 9-205 License Fee Section 9-206 Transfer CHAPTER 3 MOBILE FOOD VENDORS Section 9-301 Definitions Section 9-302 Issuance Section 9-303 General Requirements Section 9-304 Application Required Section 9-305 Display of Permit Section 9-306 Permit Record Section 9-307 Permit Fees Section 9-308 Transfer of Permit Prohibited Section 9-309 Replacement of Lost Permit Section 9-310 Grounds for Denial or Revocation of Permit Section 9-311 Process of Revocation or Denial of Permit and Appeal Section 9-312 Penalty Page 9-1 Licensing and Business Regulations CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS Section 9-401 Used Motor Vehicle Dealers and Automotive Dismantlers and Parts Recyclers CHAPTER 5 Ord 1150, 5/21/19 REPEALED- (LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER) Page 9-2 Licensing and Business Regulations CHAPTER 1 SOLICITORS Section 9-101 Definitions Section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: a.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. (Ord 1054, 6/16/15) State Law Reference: 11 O.S. Sections 22-106, 22-107 Municipal powers to levy occupational license taxes. SECTION 9-102 ISSUANCE 1. 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. Page 9-3 Licensing and Business Regulations 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 1.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. Page 9-4 Licensing and Business Regulations 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: 1.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 1. 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. 2. 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 Page 9-5 Licensing and Business Regulations 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 1.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. (Ord. 360, 12/2/86; 388, 5/17/88; 463, 6/15/93; 990 6/21/11; 1054, 6/16/15) Page 9-6 Licensing and Business Regulations CHAPTER 2 ITINERANT VENDORS Section 9-201 Definitions Section 9-202 License Required Section 9-203 Application Section 9-204 Exemption Section 9-205 License Fee Section 9-206 Transfer SECTION 9-201 DEFINITIONS For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Itinerant vendor" means and includes all persons, firms or corporations, as well as their agents and employees who engage in the temporary or transient business in the city of selling or offering for sale any goods or merchandise, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the city in, through, or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof; 2. "Temporary" as used in Paragraph 1 hereof means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least one hundred (100) days, in or upon which such business is to be operated or conducted; and 3. "Transient" as used in Paragraph 1 as used hereof means any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees who reside away from the city or who have fixed places of business in places other than the city or who move stocks of goods or merchandise or samples thereof into the city with the purpose or intention of removing them, or the unsold portion thereof, away from the city before the expiration of one hundred (100) days. The term "itinerant vendor" shall not include or be construed to include anyone engaged in interstate commerce nor anyone upon which the provisions of this chapter would impose a direct and unlawful burden on interstate commerce. (Prior Code, Sec. 5-24) SECTION 9-202 LICENSE REQUIRED It is unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the city without first obtaining a license as herein provided for. The city clerk shall issue to any itinerant vendor a license authorizing such itinerant vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the city his goods or merchandise only after such itinerant vendor shall have fully complied with all provisions of this chapter and shall have paid the license fees hereinafter provided, which sum shall be compensation to the city for the services herein required of it and to enable the city to partially defray the expenses of enforcing the provisions of this chapter. (Prior Code, Sec. 5-25) Page 9-7 Licensing and Business Regulations SECTION 9-203 APPLICATION The itinerant vendor shall make application to the city clerk of the city at least ten (10) days prior to the date of his contemplated sale or exhibit to be held in the city which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm. The application thereof must be accompanied by: 1. A statement showing the kind and character of goods to be sold, or merchandise to be sold, offered for sale or exhibited; 2. A certified copy of the charter if the itinerant vendor be a corporation, incorporated under the laws of this state; 3. A certified copy of its permit or authority to do business in the state if the itinerant vendor be a corporation, incorporated under the laws of some state other than Oklahoma; and 4. A bond in the sum of not less than Five Hundred Dollars ($500.00), executed by the itinerant vendor as principal, with some surety company authorized to do business in the state as surety, which bond shall be payable to the city for the use and benefit of any person or persons entitled thereto and conditioned that the principal and surety will pay all damages to person, or persons, caused by or arising from, or growing out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the city. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein, and two (2) years thereafter. SECTION 9-204 EXEMPTION This chapter is not and shall not be held to be applicable to the: 1. Ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in business of buying and selling and dealing in goods or merchandise; 2. Vendors of farm produce, poultry, stock, or agricultural products in their natural state; and 3. Sales of goods or merchandise donated by the owners thereof, the proceeds whereof to be applied to any charitable or philanthropic purpose. SECTION 9-205 LICENSE FEE The license fee for itinerant vendor shall be Fifty Dollars ($50.00) and shall be for a period of not to exceed six (6) business days, or any fraction thereof. Upon the completion of the six (6) business days, the license fee thereafter shall be at the rate of One Dollar ($1.00) per day, or any fraction thereof. SECTION 9-206 TRANSFER The license permit provided for herein shall not be transferable nor give authority to more than one person to conduct a business as an itinerant vendor, but any persons having obtained such license may have the assistance of one or more persons in conducting the business. Page 9-8 Licensing and Business Regulations CHAPTER 3 MOBILE FOOD VENDORS Section 9-301 Definitions Section 9-302 Issuance Section 9-303 General Requirements Section 9-304 Application Required Section 9-305 Display of Permit Section 9-306 Permit Record Section 9-307 Permit Fees Section 9-308 Transfer of Permit Prohibited Section 9-309 Replacement of Lost Permit Section 9-310 Grounds for Denial or Revocation of Permit Section 9-311 Process of Revocation or Denial of Permit and Appeal Section 9-312 Penalty SECTION 9-301 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: 1.Permit: 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.Food Truck/Trailer Mobile Food Vendor: A Mobile Food Vendor operating from a vehicle, trailer, or cart that is designed and equipped to prepare, cook, and serve open food products. Typically moves to different locations daily and operates in non-residential areas. Does not stay in one (1) location longer than seventy-two (72) hours within a thirty day period. 3.Pre-Packaged Mobile Food Vendor: A Mobile Food Vendor operating from vehicle or trailer that is limited to the sale of commercially manufactured pre-packaged products or products that are prepared and packaged at a licensed food service establishment. These vendors typically travel into residential areas. Does not stay in one (1) location longer than seventy-two (72) hours within a thirty day period. 4.Stationary Food Vendor: A non-permanent Mobile Food Vendor serving in one (1) location for a temporary period of time. Can be a truck, trailer, or cart. Stationary Food Vendors stay in one location (1) for longer than seventy-two (72) hours within a thirty day period and therefore must obtain a Temporary Use Permit (TUP) from the Community Development Department. (Ord 1137, 11/20/18) SECTION 9-302 ISSUANCE The issuance of all permits, collection of all permit fees, and the enforcement of permit conditions and revocation of permits, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular permit. No permit for Food Truck/Trailer Mobile Food Vendors shall be issued until a satisfactory application has been submitted and approved, the required permit fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied. ( Ord 1137, 11/20/18) Page 9-9 Licensing and Business Regulations SECTION 9-303 GENERAL REQUIREMENTS A. Mobile Food Vendors shall not remain in any location for more than seventy-two (72) hours within a thirty day period. Mobile Food Vendors that remain in a location for more than seventy-two (72) hours in a thirty day period shall be considered Stationary Food Vendors and shall follow the regulations contained in this chapter. B. No Mobile Food Vendor/ Stationary Food Vendor shall park their vehicle or equipment on any City street while selling, or offering to sell, any product. Vendors participating in any City of Owasso events or approved Special Events shall not be subject to this requirement. C. Any Mobile Food Vendor shall require written approval from the Owasso City Manager before locating in any City of Owasso parks or upon any City of Owasso property. Vendors participating in any City of Owasso events or approved Special Events shall not be required to obtain City Manager approval. D. It shall be unlawful for any mobile food vendor to locate their vehicle or equipment upon, or otherwise sell their products from, any property without obtaining permission from the owner of that property. E. All sales within Owasso City Limits shall be reported to the Oklahoma Tax Commission as Owasso sales. F. Mobile Food/Stationary Food Vendors shall be subject to City of Owasso Noise and Nuisance Ordinances. G. No person associated with a food vending operation shall distribute, deposit, place, throw or cast any commercial handbill. H. Mobile Food Vendors shall not have a drive-thru window. I. No banners, flags, snipe sign, feather flags or other illegal signage shall be allowed. J. No parking in or blocking a Fire Lane. K. Allowable hours of operation are 7:00 AM to 10:00 PM. L. A clearly designated waste container shall be provided for customers. M. Public roads, sidewalks, alleys or other public ways shall not be blocked. N. No Mobile Food Vendor or Stationary Food Vendor shall leave or permit to be left, any fat, oil, grease, refuse or other discarded objects and shall follow City of Owasso Ordinances in relation to Fats, Oils or Grease. O. No Mobile Food Vendor or Stationary Food Vendor shall not create any traffic, nuisance or other public safety issues. P. Pre-Packaged Mobile Food Vendors traveling into residential areas are subject to background screenings for all operators. Q. No outdoor speakers or amplified music. (Ord 1137, 11/20/18) SECTION 9-304 APPLICATION REQUIRED Applicants for any mobile food vending permit 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.Valid and current driver’s license or State-issued identification card of vendor; 3.Vehicle information relating to vehicles used in the vending, to include make, model, year, tag number; 4.Valid and current State 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; Page 9-10 Licensing and Business Regulations 5.Valid County and/or State health department licensing information. (Ord 1137, 11/20/18) SECTION 9-305 DISPLAY OF PERMIT All mobile food vendors issued a permit under this section shall plainly display the license on the mobile food vending vehicle or equipment where it may be readily seen by any City official, law enforcement officer or other regulatory official, and by any person or customer approaching the vendor’s vehicle or mobile food vending equipment. (Ord 1137, 11/20/18) SECTION 9-306 PERMIT RECORD The City Clerk shall maintain a record of all mobile food vending permits issued under this section showing the date of the issuance, the person to whom the permit was issued, the time period covered by the permit. ( Ord 1137, 11/20/18) SECTION 9-307 PERMIT FEES The fees which shall be charged for Mobile Food Vendor permits shall include the cost of a background check, if applicable, and shall be established by resolution of the City Council. (Ord 1137, 11/20/18) SECTION 9-308 TRANSFER OF PERMIT PROHIBITED No mobile food vending permit may be sold or otherwise transferred. (Ord 1137, 11/20/18) SECTION 9-309 REPLACEMENT OF LOST PERMIT Whenever an original permit has been lost or destroyed, the City Clerk shall issue a duplicate license. The fee for issuance of a duplicate permit shall be set by Resolution of the City Council. ( Ord 1137, 11/20/18) SECTION 9-310 GROUNDS FOR DENIAL OR REVOCATION OF PERMIT Applications and permits for mobile food vending may be denied or revoked for any of the following reasons: A.Fraud, misrepresentation, or false statement contained in application for permit or in the course of business. B.Conducting the business of mobile food vending in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace, danger or hazard to the health, safety, or general welfare of the public. C.Revocation, suspension, or failure to renew necessary state and county health department licenses or Oklahoma Tax Commission permit. D.Conviction of any violent felony within the past ten (10) years. (Ord 1137, 11/20/18) SECTION 9-311 PROCESS OF REVOCATION OR DENIAL OF PERMIT AND APPEAL The City Clerk’s office shall either give written notice by personal service or by mail to the operator of the denial or revocation of the permit. The notice, if mailed, shall be mailed to the address listed on the application. The permit shall stand revoked or denied from the date the notice is delivered by personal service or received by the licensee by mail. The owner may appeal a denial or revocation to the City Manager within ten (10) days of receipt of the notice by filing a written request with the City Clerk for a hearing. Page 9-11 Licensing and Business Regulations The hearing shall be conducted by the City Manager. 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 may affirm, modify or vacate the order of revocation or suspension, and his decision shall be final. (Ord 1137, 11/20/18) SECTION 9-312 PENALTY Any person who engages in mobile food vending without a valid permit as required, or who violates any provision of this section, is guilty of an offense and upon conviction shall be fined, including costs. Each day upon which a violation continues to occur shall be deemed a separate offense. (Ord. No. 990, 6/21/11; 1137, 11/20/18) Page 9-12 Licensing and Business Regulations CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS SECTION 9-401 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS A.It shall be unlawful for any person, firm, association, corporation or trust to sell, offer for sale, or display for sale one (1) or more used motor vehicles within the city without first obtaining a license therefore from the appropriate state authorities as set forth in 47 O.S., Section 581, et seq., or amendments thereto. It shall be unlawful for any owner of real property, lessee of real property, or person having an interest in real property to allow the sale, or display for sale, of one (1) or more used motor vehicles within the city unless said property is zoned for such use. Provided that this section shall not apply to any person making such use of their own personal residence, and involving a vehicle licensed in their own name as owner. B.It shall be unlawful for any person, firm association, corporation or trust to fail to show a valid state license under Title 47, upon the request of any properly identified officer or employee of the city. C.It shall be unlawful for any person, firm, association, corporation or trust to violate any of the provisions of the Automotive Dismantlers and Parts Recycler Act, also known as 47 O.S., Section 591.1 et seq., within the city limits of Owasso, Oklahoma. D.Each day during which any of the above business operations are conducted in violation of this section shall be considered a separate offense; each successfully consummated transaction during which the provisions of this section are violated shall constitute a separate offense. E.Members of the police department or code enforcement officers are hereby authorized to remove a vehicle from any property to a garage or other place of safety when such vehicle has been parked on more than one occasion for the principle purpose of displaying such vehicle for sale in violation of this chapter of the Owasso Code or the Owasso Zoning Code. City personnel shall be required to show that an official notice, warning, citation, or warrant has been issued by the City of Owasso for the vehicle involved prior to the incident for which the vehicle is to be towed. F.The prohibition contained in Subsection A shall not apply to mortgagees or secured parties who are selling motor vehicles which were collateral on a mortgage or security agreement if: (1) such mortgagees or secured parties do not realize for their own account from such sales any monies in excess of the outstanding balance secured by such mortgage or security agreement, plus costs of collection; and (2) the sale is conducted as a lawful secondary use on such mortgagees' or secured parties' primary business property. This article shall apply to and govern licenses required by this Code or other ordinances of the city; provided, however, if any provision of this article conflicts with a provision of this Code or other ordinance of the city relating to a license for a specific business, profession, occupation, trade, privilege or other activity, such latter provision shall govern and control. (Ord. No. 626, 12/21/99) Page 9-13