The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Peddle means to travel on foot or by any type of conveyance from place to place, house to house, street to street, or upon any street or public place, carrying, conveying or transporting goods, foodstuffs, products, wares, merchandise, or other thing of value for the purpose of offering and exposing the same for sale or making sales of such articles to purchasers.

Peddler means any person who peddles.

Solicit means and includes (a) to travel on foot or by any type of conveyance from place to place, house to house, street to street, or upon any street or public place, selling or offering for sale or taking or attempting to take orders for the sale of goods, foodstuffs, products, wares, merchandise, services, magazines, periodicals, insurance, or other thing of value for future delivery or for services to be performed or furnished in the future, (b) requesting, directly or indirectly, contributions of funds on the plea or representation that such contributions will be used for a charitable purpose, and (c) peddling, as defined in this section.

Solicitor means any person who solicits.

(Ord. No. 1044, § 1, 8-3-2010; Ord. No. 1135, § 1, 12-15-2015)

No solicitor or peddler, whether registered under this chapter or not, shall take orders for or sell any goods, foodstuffs, products, wares, merchandise, services, magazines, periodicals, insurance, or other thing of value except during the hours from 9:00 a.m. to 7:00 p.m. Applications for a solicitor's registration card shall be made only between 8:30 a.m. and 4:30 p.m., Monday through Friday.

(Ord. No. 1044, § 1, 8-3-2010)

All orders taken by solicitors wherein payment or deposit is made in advance of delivery shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance. One copy shall be given to the purchaser at the time of the solicitation.

(Ord. No. 1044, § 1, 8-3-2010)

This chapter shall not apply to persons selling personal property at wholesale to dealers in such property, nor to the sale or delivery of newspapers, nor to persons who offer for sale or sell, or who peddle and sell from house to house, vegetables, butter, eggs and farm products produced and raised on lands owned or controlled by them.

(Ord. No. 1044, § 1, 8-3-2010)

Soliciting or peddling in roadways and public right-of-ways is prohibited; provided, however, the community development director may issue a special permit for soliciting in roadways and public rights-of-way upon written application; and, further provided that proper safety devices and measures be implemented as directed in the special permit.

(Ord. No. 1044, § 1, 8-3-2010)

The community development director shall prepare and maintain a list of all residents within the city who desire to prevent soliciting 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 community development director's office.

Solicitors must obtain a copy of the no knock list from the community development director's office at the time they obtain a license, and are expressly prohibited from soliciting 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.

(Ord. No. 1135, § 2, 12-15-2015)

It shall be unlawful for any person, firm or corporation, either as a principal, officer, agent, servant or employee, to solicit within the city without having first applied for and obtained a solicitor's permit for that purpose from the community development director or his designee.

All persons issued a license under this section shall at all times display the license prominently on their person, shall carry at least one 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 or on whose property the solicitor is present.

(Ord. No. 1044, § 1, 8-3-2010; Ord. No. 1135, § 3, 12-15-2015)

Editor's note— Section 3 of Ord. No. 1135, adopted Dec. 15, 2015, changed the title of § 82-21 from "required" to read as herein set out.

An applicant for a solicitor's permit under the terms of this chapter shall be required to:

(1)

Complete and submit an application in a form provided by the community development director or his designees which shall include no less than the following information:

a.

Show the name of the person, firm or corporation in whose behalf the applicant proposes to solicit;

b.

The current address of said person, firm or corporation, and their phone and email contact information;

c.

The kind of products, merchandise or service to be solicited and/or sold;

d.

The current, valid license number and description, including make, model, year and copy of current insurance verification, of any vehicle to be used (if applicable);

e.

Detailed personal information and physical description of solicitor(s);

f.

Social security number, current, valid driver's license number or state issued identification card of solicitor(s);

g.

A statement as to whether or not the applicant has been convicted of a felony or misdemeanor involving moral turpitude within the past five years; and

h.

Any other pertinent facts or information required by the community development director, including sufficient information to investigate the application.

(2)

File a photograph and fingerprints of the solicitor(s) with the police department.

No license shall be issued under this article to any person under the age of 16 years except those persons and organizations exempted under subsection 82-42(1).

(Ord. No. 1044, § 1, 8-3-2010; Ord. No. 1135, § 4, 12-15-2015)

Every applicant for a solicitor's permit required by this article who shall require, accept or receive payment or deposit of money in advance of final delivery of any goods, wares, or merchandise, shall file a surety bond, in the amount of $500.00, conditioned upon making final delivery of the goods ordered in accordance with the terms of such order, or failing therein that the advance payment be refunded. Any person aggrieved by the action of the solicitor or peddler shall have a right of action on the bond for the recovery of the money or damages, or both. Such bond shall remain in full force and effect for a period of 60 days after the expiration of any permit issued under this article.

(Ord. No. 1044, § 1, 8-3-2010; Ord. No. 1135, § 5, 12-15-2015)

(a)

A registration fee is hereby levied for the purpose of defraying the cost of registration on each person applying for registration as a solicitor or peddler. Such fee shall be as follows:

(1)

Fifty dollars per day.

(2)

Three hundred dollars per week.

(3)

One thousand dollars per year.

(b)

Any veteran who qualifies under 72 O.S. § 5, and those persons representing charitable associations or groups which have tax-exempt status shall be exempt from the payment of any registration fee under this section.

(Ord. No. 1044, § 1, 8-3-2010)

(a)

The community development director or his designee is hereby authorized to issue a solicitor's permit when the applicant has complied with this article. Registration may be denied any applicant for a solicitor's permit if he is not of good moral character; if he has been convicted of a felony or misdemeanor involving moral turpitude, or has such criminal charges pending; if the proposed sales proposition shall include some element of trickery, fraud or deceit, in which case, in the interest of the public health, safety and welfare, the applicant shall not be registered.

(b)

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.

(c)

Any applicant or licensee may appeal a denial or revocation to the city manager within ten days after delivery or receipt of the notice by filing a written request with the community development director for a hearing. The hearing shall be held by the city manager or his or her designee. The appealing applicant or 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 such decision shall constitute the final decision on behalf of the city. Any appeal from a city manager's decision shall be in a manner provided by law.

(Ord. No. 1044, § 1, 8-3-2010; Ord. No. 1135, § 6, 12-15-2015)

Editor's note— Section 6 of Ord. No. 1135, adopted Dec. 15, 2015, changed the title of § 82-25 from "Issuance or denial" to read as herein set out.

Upon good cause any permit issued pursuant to this chapter may be revoked. Revocation may be based upon the following, among other causes:

(1)

Fraud, misrepresentation or any false statement contained in the application for a permit;

(2)

Violation of any federal, state or municipal law, rule or regulation;

(3)

A finding that the permit holder has conducted business for which the permit was issued in an unlawful manner or in such manner at to constitute a breach of the peace; or

(4)

Complaints by citizens.

(Ord. No. 1044, § 1, 8-3-2010)

Permits issued under this article may not be transferred to or used by any person other than the person to whom it was issued.

(Ord. No. 1044, § 1, 8-3-2010)

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 list 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. Any such entrance or attempt to solicit shall constitute a trespass upon private property and a violation of this chapter.

(Ord. No. 1044, § 1, 8-3-2010; Ord. No. 1135, § 7, 12-15-2015)

Persons exempt from the provisions of this article are:

(1)

Those person representing charitable associations or groups which have tax-exempt status.

(2)

Those peddlers or solicitors invited on the premises by the owner or occupant.

(Ord. No. 1044, § 1, 8-3-2010)

It shall be unlawful and an offense for any person to solicit or peddle without having first obtained a permit, or to violate any provision of this chapter. Upon conviction thereof, each violation shall be punished as provided in section 1-8 of this Code.

(Ord. No. 1044, § 1, 8-3-2010)