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HomeMy WebLinkAbout990_Part 9 Ch 1 &3_Solicitor PermitTulsa County Clerk - EARLENE WILSON Doc # 2011059490 Page(s): 15 Recorded 07113/2011 at 11:10 AM Receipt # 282034 Fee $41.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 990 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY, CHAPTER 3, BILLIARDS AND CHAPTER 5, PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9 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, Occupational Licenses Generally, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended 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 Prohibited Acts Section 9-107 License Record Section 9-108 License Period and Fee Schedule Section 9-109 Transfer of License Prohibited Section 9-110 Replacement of Lost License Section 9-111 Grounds for Denial or Revocation of License Section 9-112 Process of Revocation or Denial of License and Appeal Section 9-113 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. CITY of Owasso JULIE STEVENS 3. P O BOX 180 OWASSO, OK 74055 Ordinance No. 990 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. Canvassing or peddling as defined in this section. 3. Solicitor: Any person who solicits for himself or any other person. 4. Canvass: Opinion sampling, poll-taking, proselytizing, or other similar activity from house to house, door to door, street to street, or from place to place. 5. Canvasser: Any person who engages in canvassing in person for himself or any other person. 6. 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. 7. Peddler: Any person who peddles for himself or any other person. State Law Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22-106, 22-107. SECTION 9-102 ISSUANCE A. 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. B. 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 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. 2 Ordinance No. 990 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. Current, valid driver's license or state issued identification care 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 seven (7) years; 7. 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. SECTION 9-105 DISPLAY OF LICENSE All persons issued a license under this section shall carry the license with them at all times while engaging in soliciting, canvassing or peddling as those terms are defined in this section. A Solicitor shall produce the license for inspection and review upon request by any City official, law enforcement officer or any other person to whom the license holder is attempting to solicit, canvass or peddle. SECTION 9-106 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: 1. It shall be unlawful for an 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 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 3 Ordinance No. 990 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 9-107 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 9-108 LICENSE PERIOD AND FEE SCHEDULE A. The license fee which shall be charged by the City Clerk for a Solicitor license shall be determined under the following schedule: 1. Daily Solicitor License - Ten Dollars ($10.00) per day; 2. Weekly Solicitor License - Twenty Dollars ($20.00) per week; 3. Six Month Solicitor License - Seventy Five Dollars ($75.00) for each six (6) month period. B. No license fee shall be charged to a nonprofit organization. A nonprofit 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 nonprofit status. A registration form shall be completed and submitted whenever members or representatives of a nonprofit will be soliciting, canvassing or peddling within the City. SECTION 9-109 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 9-110 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shall be made and collected for each duplicate license. SECTION 9-111 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE 4 Ordinance No. 990 Licenses issued under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: license; Fraud, misrepresentation, or false statement contained in application for 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 seven (7) 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. SECTION 9-112 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. The City Clerk's office shall give notice either in person, by telephone or mail 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. 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. 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 denial, and his decision shall be final. SECTION 9-113 PENALTY Any person who engages in soliciting, canvassing 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. Every day upon which a violation continues shall be deemed a separate offense. SECTION TWO: Part Nine, Licensing and Business Regulations, Chapter Three, Billiards, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: Ordinance No. 990 CHAPTER 3 MOBILE FOOD VENDORS Section 9-301 Definitions Section 9-302 Issuance Section 9-303 License and Approval from Property Owner and Board of Adjustment Required Section 9-304 Application Required Section 9-305 Display of License Section 9-306 License Record Section 9-307 License Period and Fee Schedule Section 9-308 Transfer of License Prohibited Section 9-309 Replacement of Lost License Section 9-310 Grounds for Denial or Revocation of License Section 9-311 Process of Revocation or Denial of License 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. 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. Full-service mobile food vendor: A vehicle or trailer designed and equipped to prepare and serve open food products. 3. Pre-packaged mobile food vendor: A vehicle or trailer limited to the sale of commercially manufactured pre-packaged products or products that are prepared and packaged at a licensed food service establishment. 4. Pushcart mobile food vendor: A non-self-propelled vehicle, the operation of which is limited to serving non-potentially hazardous foods. 4. Stationary food vendor: A food vendor serving from a temporary structure that is stationary in one location. SECTION 9-302 ISSUANCE A. 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. 6 Ordinance No. 990 B. No license for mobile food vending 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 9-303 LICENSE AND APPROVAL FROM PROPERTY OWNER AND BOARD OF ADJUSTMENT REQUIRED A. 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 in this section, including full-service mobile food vending, pre-packaged mobile food vending, pushcart food vending and stationary food vending, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. B. 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. It shall be necessary for a mobile food vendor applicant to submit with their application a copy of a contract, lease, agreement or letter authorizing the vendor's use of the property from the owner of any property where a mobile food vendor intends to locate their vehicle or equipment or otherwise sell their product. C. No mobile food vendor shall park their vehicle or equipment on any City street while selling, or offering to sell, any product. D. In addition to the license required under this section, all stationary food vendors shall additionally obtain a permit from the Board of Adjustment for the City of Owasso and shall at all times remain in compliance with all policies, procedures, rules and requirements of the Board of Adjustment. SECTION 9-304 APPLICATION REQUIRED Applicants for any mobile food vending 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. Detailed personal information and physical description of vendor(s); 3. Valid and current driver's license or state issued identification card of vendor; 7 Ordinance No. 990 4. Vehicle information relating to vehicles used in the vending, to include make, model, year, tag member and a copy of the vehicle's current insurance verification 5. 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. 6. Valid and current county and state health department licensing information. 7. Copy of the contract, lease, agreement or letter from owner of property authorizing mobile food vendor to locate its vehicle or equipment or otherwise sell its product on the owner's property. SECTION 9-305 DISPLAY OF LICENSE All mobile food vendors issued a license 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. SECTION 9-306 LICENSE RECORD The City Clerk shall maintain a record of all mobile food vending licenses issued under this section showing the date of the issuance, the person to whom the license was issued, the time period covered by the license and the nature of the license. SECTION 9-307 LICENSE PERIOD AND FEE SCHEDULE The initial fee and annual renewal fee charged by the City Clerk for a mobile food vending license shall be determined under the following fee schedule: 1. Full-service Mobile Food Vendors: One Hundred Fifty Dollars ($150.00) per vehicle, per year; 2. Pre-packaged Mobile Food Vendors: Fifty Dollars ($50.00) per vehicle, per year; 3. Pushcart Mobile Food Vendors: Fifty Dollars ($50.00) per pushcart, per year; 4. Stationary Food Vendors: Fifty Dollars ($50.00) per vehicle or cart, per year. SECTION 9-308 TRANSFER OF LICENSE PROHIBITED 8 Ordinance No. 990 No mobile food vending 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 9-309 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shall be made and collected for each duplicate license. SECTION 9-310 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE Applications and licenses for mobile food vending under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: license; 1. Fraud, misrepresentation, or false statement contained in application for 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a vendor; 3. 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. 4. Revocation, suspension or failure to renew necessary state and county health department licenses. 5. Conviction of any felony or misdemeanor involving moral turpitude within the past seven (7) years. SECTION 9-311 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. The City Clerk's office shall either give written notice by personal service or by mail to the licensee of the denial or revocation of the license. The notice, if mailed, shall be mailed to the address listed on the application or license. The license shall stand revoked or denied from the date the notice is delivered by personal service or received by the licensee by mail. A licensee 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. The hearing shall be conducted by the City Manager. The appealing licensee may be represented by counsel. The hearing shall be 9 Ordinance No. 990 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. SECTION 9-312 PENALTY Any person who engages in mobile food vending 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. Each day upon which a violation continues to occur shall be deemed a separate offense. SECTION THREE: Part Nine, Licensing and Business Regulations, Chapter Five, Penalty, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: CHAPTER 5 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER Section 9-501 Section 9-502 Section 9-503 Section 9-504 Section 9-505 Section 9-506 Section 9-507 Section 9-508 Section 9-509 Section 9-510 License Required License Application License Issuance License Fee Schedule Suspension or Revocation of License Transfer of License Prohibited Acknowledgement of Compliance Checks Sale, Barter, or Gift Misrepresentation of Age Penalties SECTION 9-501 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in the selling or serving of alcohol and/or 3.2 beer without first paying to the city the fee or tax required and procuring from the city a license. SECTION 9-502 APPLICATION REOUIRED A. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and/or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer within the City of Owasso shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. 10 Ordinance No. 990 B. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension, or revocation of a vendor's license issued by the City of Owasso. (Prior Code, Sec. 9-114(C)) SECTION 9-503 LICENSE ISSUANCE A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements: 1. Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under State law. 2. Satisfactorily submitted the application required under this section to the City Clerk. 3. Paid the required license fee as set forth in Section 9-504 of this section. All licenses shall be issued for one (1) calendar year from January Is' to December 31st The fee for any license issued after the effective date of this ordinance, and for a period of less than one (1) calendar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within (30) days from the date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subject to the penalties set forth in Section 9-410(2) of this Chapter. (Prior Code, Sec. 9-114(D)) SECTION 9-504 LICENSE FEE SCHEDULE The following fees shall be assessed to vendors wishing to engage in the serving or selling of alcohol or 3.2 beer: 1. ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of Ten Dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and/or 3.2 beer which is not intended to be 11 Ordinance No. 990 consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2. ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of Twenty Dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. (Prior Code, Section 9-114(B)) SECTION 9-505 SUSPENSION OR REVOCATION OF LICENSE The license granted by the City of Owasso shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contender plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set for in Section 9-510 of this section. (Prior Code, Section 9-114(A)2) SECTION 9-506 TRANSFER OF LICENSE PROHIBITED Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business 12 Ordinance No. 990 engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso. (Prior Code, Section 9-114(G)) SECTION 9-507 ACKNOWLEDGEMENT OF COMPLIANCE CHECKS A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement,. and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in Section 9-510 of this section. (Prior code, Section 9-114(A)3) SECTION 9-508 SALE, BARTER, OR GIFT It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty-one (21) any beverage or other product containing alcohol or 3.2 beer. Conviction or acceptance of a plea bargain by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided in Section 9-510 of this section. (Prior Code, Section 9-114(E)) SECTION 9-509 MISREPRESENTATION OF AGE It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcohol or 3.2 beer. SECTION 9-510 PENALTIES 1. SUSPENSION OF LICENSE a. A license granted under this section may be revoked or suspended by the City Manager, without a hearing, subsequent to conviction of the vendor, its employees or agents, for the sale of alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense. In addition to the fines and penalties which may be imposed upon the employee or agent serving or selling alcohol or 3.2 beer to a minor, the following sanctions shall be imposed on the vendor: i. 1St Conviction of the vendor or its employees within a twenty-four (24) month period will result in the issuance of an official written warning to the vendor that additional convictions will result in the suspension of the vendor's license. 13 Ordinance No. 990 ii. 2"d Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for three (3) consecutive days. iii. 3rd Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for seven (7) consecutive days. iv. 4th Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period. v. Each additional conviction of a vendor or its employees or agents within a twenty-four month period will result in an additional suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional (30) day period. b. The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at a regularly scheduled City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. 2. FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and/or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (3) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell serve alcohol and/or 3.2 beer without obtaining an initial or renewed license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve alcohol and/or 3.2 beer after the three (3) day period without obtaining the required license shall be subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served or sold by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances. 14 Ordinance No. 990 3. VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed by the City Manager or the City Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension is in violation of this section and shall be subject to a fine of Two Hundred ($200.00) per day for each day alcohol and/or 3.2 beer are sold or served by the vendor while its license is under suspension. In addition, the City shall be entitled to pursue any legal and injunctive relief, and shall notify the relevant agencies set forth in Section Two (2) above. SECTION FOUR (4): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FIVE (5): 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 SIX (6): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SEVEN (7): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 9, Chapters 1, 3 and 5. PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of June, 2011 Mayor Sherry Bisho , City Cle OFFICIAL o SEAL (SEAL) APPROVED as to form and legality this 21St day of June, 2011. ~0~4* Jullie Lombardi, City Attorney 15 PUBLISHER'S AFFIDAVIT ORD NO. 990 PUBLICATION DATE(S) 07/07/11 CASE NUMBER: ORD NO. 990 AD NO: 00127144 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of General circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Repre entative Signature Subscribed to and sworn to me this 8th day of July, 2011. Notary Public n-) 6,7-,C_ - NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 49.00 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12-8-2014 127144 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July 7, 2011. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 990 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSI- NESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY, CHAPTER 3, BILLIARDS; AND CHAPTER 5, PENAL- TY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING THE SEC- TIONS NAMED ABOVE AND TO BE CODIFIED IN PART 9, CHAP- TERS 1, 3 AND 5. PROVISIONS OF THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM THE DATE OF FINAL PASSAGE AS PROVIDED BY STATE LAW. COPIES OF THIS ORDINANCE CAN BE OBTAINED BY CONTACTING THE OWASSO CITY CLERK AT OWASSO CITY HALL, 111 N. MAIN STREET, OWASSO, OKLAHOMA 74055. PASSED by the City Council of the City of Owasso, Oklahoma on the 21 st day of June, 2011. /s/ Doug Bonebrake, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED as to form: /s/ Julie Lombardi, City Attorney City Wirout Lirnits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Ordinance Amending Part 9, Licensing and Business Regulations of the Owasso Code of Ordinances DATE: June 17, 2011 BACKGROUND: Staff has recently reviewed the current structure and organization of Part 9 of the Code of Ordinances governing Licensing and Business Regulations. This review was prompted by growing concerns regarding the issuance of solicitor permits to individuals with a criminal record and the extremely complex schedule of fee licensing. In addition, the increasing number of inquiries regarding ordinances regulating mobile food vendors has raised concerns that the City's Code of Ordinances does not adequately address public health and safety risks that frequently occur when mobile food vendors operate in a community. CHAPTER 1, SOLICITORS: Consolidation: Currently, the licensing of door-to-door solicitors and other mobile vendors is regulated under Chapter 1 of Part 9 through a complicated fee structure containing twenty-five (25) different categories. Many of these provisions are noticeably out of date and are inapplicable in current times. The confusing and cumbersome categorizations and fee structure make it difficult for staff to charge uniform and fair fees to varying types of solicitors. The proposed ordinance repeals the current fee schedule and consolidates all twenty-five (25) categories under a single section entitled "Solicitors." Canvassers, peddlers and solicitors are all classified as solicitors in the amended ordinance, and solicitor fees are determined by duration of the permit rather than the nature of the solicitor's business or trade as follows: Daily Solicitor License - $10.00 per day. Weekly Solicitor License - $25.00 per week Six Month Solicitor License - $75.00 for each six month period. Nonprofit Organizations: Nonprofit organizations are not charged license fees or required to submit applications under the proposed ordinance. Rather, nonprofit organizations will be asked to provide an informational registration form whenever their members or agents are soliciting in the community. This information simply allows City staff to confirm that a particular organization is selling or raising funds when telephone inquiries are received from residents. City staff intends to make the registration form process for nonprofit organizations as easy and accessible as possible to locate, fill in the requested information, and submit, and it is anticipated that the registration form will be available in a user friendly format on the City's website. Requirements to be Added: The proposed ordinance restructures and significantly supplements the application process for individuals desiring to solicit within the city limits of Owasso. In researching surrounding communities, staff determined that most cities require solicitors to submit applications containing sufficient information for staff and law enforcement to verify that: 1) individuals making application have no outstanding warrants, 2) qualified businesses have appropriate tax documentation, 3) appropriate physical descriptions of individuals requesting solicitation permits and their corresponding vehicle information have been provided, and 4) the individuals do not have convictions for certain types of crimes for the preceding seven (7) years. The proposed amendments prevent individuals who have been convicted of felonies or misdemeanors involving moral turpitude during the preceding seven (7) years from obtaining a solicitor's license. Grounds for License Denial or Revocation The proposed amendments to the solicitor ordinance enable the City to deny or revoke a solicitor's permit whenever the solicitor submits an application containing fraudulent or false information, engages in fraud as a solicitor, repeatedly makes false statements or misrepresentations to customers, or conducts business as a solicitor in a manner that is unlawful, breaches the peace, or is otherwise harmful to the health and safety of the public. Stating this information in a clear and concise manner within the City's Code or Ordinances not only places solicitors on notice regarding prohibited conduct and inappropriate business practices, but additionally reduces the City's liability exposure in lawsuits when permits need to be denied or revoked. Prohibited Acts: The proposed amendments move the provisions governing penalties to a new section entitled "Prohibited Acts." Hours of solicitation remain unchanged with door-to-door solicitation allowed only between the hours of 9:00 a.m. and dusk. The proposed amendments additionally prohibit individuals from soliciting at residences and dwellings where "No Trespassing" or "No Soliciting" signs are clearly posted on or near the primary entry of a residence. Violations of "No Trespassing" and "No Soliciting" notices will serve as grounds for immediate revocation of a solicitor's license. CHAPTER 2, ITINERANT VENDORS: Currently, no changes are proposed for Chapter 2, "Itinerant Vendors." Staff believes it appropriate to continue review of this chapter in coordination with the Community Development Department to ensure that current processes are in accordance with Code and accurately describe the process through which interested individuals must proceed. CHAPTER 3, MOBILE FOOD VENDORS: Over the past several months, staff has received numerous inquiries relating to the operation and licensing requirements for ice cream trucks, hot dog carts, and other mobile food vending services, and has determined that a section within the Code of Ordinances addressing this issue is necessitated. Proposed ordinances governing mobile food vendors would, among other things, define different types of mobile food vendors, establish application requirements and specify fees to be assessed for food vendor permits. Proposed amendments are largely based upon the current requirements of the Tulsa County Health Department relating to mobile food vendors. The fees included in the proposed amendments have been based upon the rates currently assessed in surrounding municipalities and with consideration of time spent by staff investigating, approving and thereafter checking and regulating the varying types of mobile food vendors. The proposed amendments additionally implement a requirement that individuals and businesses seeking to obtain mobile food vending licenses provide copies of Health Department certifications, tax licensing documentation, driver's license and vehicle information and information relating to any previous felony or misdemeanor involving moral turpitude. These requirements will enable staff and the police department to ensure that all businesses are operating legally and safely. As with regulations governing solicitors, licenses will not be issued to individuals with convictions for matters of moral turpitude during the preceding seven (7) years. Fee Schedule The fee to obtain a mobile food vendor license is determined under the proposed ordinance by the location and mobility of the particular vendor. The proposed fee schedule classifies mobile food vendors in one of four categories and assesses fees accordingly: Full-Service Mobile Food Vendor - $150.00 per vehicle per year. Pre-Packaged Mobile Food Vendor - $50 per vehicle per year. Pushcart Mobile Food Vendor - $50 per pushcart per year. Stationary Mobile Food Vendor - $50 per vehicle or cart per year. Definitions for each of the four categories of mobile food vendors are set forth in Section 9-301 of the proposed ordinance. CHAPTER 4, USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS: No changes are proposed for Chapter Four (4). CHAPTER 5, PENALTY: The proposed amendments would repeal the current Chapter Five titled Penalty and rename this chapter License for the Sale and Serving of Alcohol and 3.2 Beer. Under the current code, licensing of businesses for the sale and serving of alcohol and 3.2 beer is contained within the chapter regulating solicitors and other mobile venders. The proposed amendments will relocate all alcohol and 3.2 beer licensing provisions to a separate chapter. This will allow rules and regulations governing sale and serving of alcohol to be more easily found and identified by interested individuals, businesses, or applicants. PROPOSED ACTION: Adoption of the proposed ordinance amending Part 9, Chapters 1, 3 & 5, 3 RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 990, amending Part 9 of the Owasso Code of Ordinances, Chapters 1, 3, and 5. ATTACHMENTS: A. Ordinance No. 990 4