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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 114 — Itinerant Vendors And Solicitation

Itinerant Vendors

§ 114.01 Definitions

   For the purpose of this subchapter, the following definitions apply unless the context clearly requires a different meaning.
   ITINERANT VENDOR. All persons, firms or corporations, as well as their agents and employees, who engage in the temporary or transient business in the town 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 whatsoever in the town 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.
   REGISTERED SEX OFFENDER. Any person subject to the requirements of the Sex Offenders Registration Act found in 57 O.S. §§ 581 et seq., as annotated.
   SEX OFFENDER. Any person convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution.
   TEMPORARY. As used in the definition of “itinerant vendor” in this section, any such business transacted or conducted in the town for which definite arrangements have not been made for the hire, rental or lease of premises for at least 100 days in or upon which such business is to be operated or conducted.
   TRANSIENT. As used in the definition of “itinerant vendor” in this section, 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 town or who have fixed places of business in places other than the town, or who move stocks of goods or merchandise or samples thereof into the town with the purpose or intention of removing them, or the unsold portion thereof, away from the town before the expiration of 100 days.
(Prior Code, § 9-201) (Ord. 2018-03, passed 7-12-2018)

§ 114.02 License Required

   (A)   (1)   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 town without first obtaining a license as herein provided for.
      (2)   The Town Clerk-Treasurer 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 town his or her goods or merchandise only after such itinerant vendor shall have fully complied with all provisions of this subchapter and shall have paid the license fees hereinafter provided, which sum shall be compensation to the town for the services herein required of it and to enable the town to partially defray the expenses of enforcing the provisions of this subchapter.
(Prior Code, § 9-202)
   (B)   Anyone engaged in interstate commerce or anyone upon which the provisions of this subchapter would impose a direct and unlawful burden on interstate commerce may appeal to the Judge of the Municipal Court for a determination of the applicability of these provisions.
(Prior Code, § 9-201)
(Ord. 2018-03, passed 7-12-2018) Penalty, see § 114.99

§ 114.03 License Fee

   The license fees for itinerant vendors and door-to-door salespersons shall be as set by the Board of Trustees by motion, resolution or ordinance.
(Prior Code, § 9-204) (Ord. 2018-03, passed 7-12-2018)

§ 114.04 Application Requirements Generally

   (A)   The itinerant vendor shall make application to the Town Clerk-Treasurer at least ten days prior to the date of his or her contemplated sale or exhibit to be held in the town, which application shall be in the form of an affidavit stating the full name and address of the itinerant vendor, the location of his, her 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.
   (B)   The application thereof must be accompanied by:
      (1)   A statement showing the kind and character of goods to be sold, or of merchandise to be sold, offered for sale or exhibited;
      (2)   A certified copy of the articles of incorporation, if the itinerant vendor be a corporation incorporated under the laws of the 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 $500, 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 town for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and surety will pay all damages to a person or persons caused by, arising from or growing out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the town. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein, and for two years thereafter.
(Prior Code, § 9-203)

§ 114.05 Application For Ice Cream Truck Vending

   The application shall be amended to include the provisions in accordance with 21 O.S. §§ 2100, 2100.1 and 2100.2, as annotated.
(Prior Code, § 9-203) (Ord. 2018-03, passed 7-12-2018) Penalty, see § 114.99

§ 114.06 Transferring License Prohibited

   The license 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 person having obtained such license may have the assistance of one or more persons in conducting the business.
(Prior Code, § 9-205) Penalty, see § 114.99

§ 114.07 Going Upon Private Residences Restricted; Exceptions

   (A)   In the exercise of the authority conferred upon the town by state law, the practice of going to, in or upon the premises of any private residence in the town by door-to-door salespersons, solicitors, peddlers or order takers without the express consent, request or invitation of the owner or occupant of such private residence for the purpose of soliciting orders for the purchase of or for the sale of goods, wares, publications or merchandise of any description, or for the purpose of peddling or hawking the same, or for the purpose of soliciting subscriptions thereto, is hereby prohibited.
   (B)   This section shall not apply to salespersons, solicitors, peddlers or order takers representing sales for local nonprofit or charitable organizations, nor to the sale or soliciting of any order for the sale of milk, dairy products, vegetables, poultry, eggs or other farm and garden produce so far as the sale of the commodities named in this section is authorized by law.
(Prior Code, § 9-206) Penalty, see § 114.99

§ 114.99 Penalty

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   (1)   Except as to violations covered by 21 O.S. §§ 2100, 2100.1 and 2100.2, as annotated, any person or entity violating the provisions of § 114.05 of this chapter shall be guilty of a fine of $200.
      (2)   Any person or entity violating the provisions of 21 O.S. §§ 2100, 2100.1 or 2100.2, as annotated, as per § 114.05 of this chapter shall be guilty of a fine not exceeding $1,000 for each such occurrence or of imprisonment up to two and one-half years.
      (3)   In addition to the civil fines established in this division (B), three or more violations of § 114.05 of this chapter by a person or entity that owns, manages, operates or otherwise controls a place of business in the town shall be a reason for and may result in the suspension or revocation of any business license issued for the premises on which the infractions occurred.
(Prior Code, § 9-203)
   (C)   Any violation of the provisions of § 114.07 of this chapter shall be punishable as a misdemeanor against the town. Any person convicted of violating any provision of § 114.07 of this chapter shall be fined as provided in section § 10.99(A) of this code.
(Prior Code, § 9-206)
(Ord. 2018-03, passed 7-12-2018)