City of Maud, Oklahoma

PART 9

LICENSING AND BUSINESS REGULATIONS

CHAPTER 1

OCCUPATIONAL LICENSE FEES

SECTION 9-101 LICENSE REQUIRED; FEE LEVIED ON CERTAIN OCCUPATIONS.

1. It is unlawful for any person to engage in, exercise or pursue any business, profession, trade, occupation, privilege or other activity for which a license is required or a license fee or tax is levied by any provision of this code or other ordinance of the city, without paying the license fee or tax and securing and possessing a valid license therefor.
2. A license fee is levied on every person engaging in, exercising, or pursuing any of the businesses, professions, trades, occupations, or privileges in this city, as provided by the city council.
3. In order to receive a license under this chapter, every person, firm or corporation regulated pursuant to this section is required to possess a valid and current state sales tax permit if such person, firm or corporation is a vendor subject to collection of sales taxes under the sales tax code of the city and state. A copy of this permit shall be provided by the applicant for a license to the city clerk-treasurer prior to issuance of the city license.
4. All annual occupation licenses shall expire on June 30 of each year.

State Law Reference; Municipal authority to tax and regulate occupations, 11 O.S. Sections 22-106, 22-107.
Cross Reference; See also 3-101 et seq. on alcohol and beer licenses, 5-201 et seq. on plumbers, electricians; Sections 9-201 et seq. on peddlers, solicitors.

SECTION 9-102 EX-SERVICE PERSONS.

Ex-service persons shall secure a license and pay a license fee for engaging in a business, occupation, or privilege unless he is exempted therefrom by statutes of the state or other provisions of law, and provides proof thereof to the city.

State Law Reference; Similar provisions, 72 O.S. Section 1.

SECTION 9-103 SEPARATE LICENSES REQUIRED.

Every person who engages in, exercises, or pursues a business, profession, trade, occupation, or privilege for which a license is required, at or from more than one place in the city, or who engages in, exercises, or pursues more than one such business, profession, trade occupation, or privilege, shall pay the fee, and secure a separate license, for each such place of for each business, profession, trade, occupation, or privilege.

SECTION 9-104 LICENSE TO BE DISPLAYED

Every holder of a license to engage in, exercise, or pursue a business, profession, trade, occupation, or privilege, shall conspicuously display the license at all times in some part of his place of business or activity where a person who has entered the place may readily see it; or, if he has no particular place of business or activity, shall carry the license and shall display it to any person who requests to see it. In lieu of the manner of displaying such licenses provided above, when licenses are required for coin-operated music or amusement devices, vending machines, and similar devices and such position and manner that it will be clearly visible, and shall be so placed or attached if the license so states on its face. It is unlawful to fail or refuse to display the license as required in this section.

SECTION 9-105 LICENSE MAY BE REVOKED

Any license issued by the city to any person to engage in, exercise, or pursue any business, profession, trade, occupation, or privilege, may be revoked by the city council after adequate opportunity for a hearing.

SECTION 9-106 TRANSFER OF LICENSE PROHIBITED

The assignment or transfer of licenses shall not be permitted in this city.

State law reference: License may not be transferred, 11 O.S. Section 22-107.

SECTION 9-107 DUPLICATE LICENSE

Whenever any license to engage in, exercise or pursue a business, profession, trade, occupation, or privilege, has been lost or destroyed without any wrongful act or connivance by the holder, the city clerk-treasurer, on application, shall issue a duplicate license for the unexpired time. Before the duplicate is issued, the holder shall make, and file with the city clerk-treasurer an affidavit that the license has in fact lost or destroyed the license without any wrongful act or connivance by the licensee.

SECTION 9-108 ISSUANCE AND EXECUTION

The city clerk-treasurer shall issue a license required by this code or other ordinance, when the applicant has filed a proper application, therefor, paid the required tax or fee and complied with all other requirements prescribed for obtaining such license. Each such license so issued shall be signed by the mayor and city clerk-treasurer and the corporate seal of the city shall be affixed thereto. Such license shall be in suitable form and express the purpose for which it is issued.

SECTION 9-109 SUBJECT TO STATE LAW AND CITY ORDINANCES

All licenses shall be issued subject to the ordinances of the city and the laws of the state. No license shall be construed as authority to do or omit to do any act in violation of law or ordinance.

SECTION 9-110 PRORATION OF FEE OR TAX.

License fees for less than a full year shall be pro-rated with a minimum of Ten Dollars ($10.00).

CHAPTER 2

ITINERANT MERCHANTS

SECTION 9-201 LICENSE REQUIRED.

1. It is unlawful for a transient merchant, itinerant or itinerant merchant or itinerant vendor as defined in Section 9-202 of this code to engage in such business within the city without first obtaining a license therefor in compliance with the provisions of this chapter.
2. A transient merchant, itinerant merchant, or itinerant vendor as defined in Section 9-202 of this code shall not be required to obtain such license if sponsored by any religious, civic, charitable, fraternal, or philanthropic group or organization within the city.

SECTION 9-202 DEFINITIONS.

For the purpose of this chapter a transient merchant, itinerant merchant or itinerant vendor is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city.

SECTION 9-203 APPLICATION.

1. Applicants for license under this chapter, whether a person, firm or corporation, shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership, and by the president if a corporation, with the city clerk- treasurer, showing:
   1. The name or names of the person or persons having the management or supervision of applicant's business during the time that is proposed that it will be carried on in the city;
   2. The local address or addresses of such person or persons while engaged in such business;
   3. The permanent address or addresses of such person or persons;
   4. The capacity in which such person or persons will act (that is; whether as proprietor, agent or otherwise);
   5. The name and address of the person, firm, or corporation for whose account the business will be carried on, if any;
   6. If a corporation, under the laws of what state the same is incorporated;
   7. The fingerprints of the persons conducting applicant's business, or in lieu thereof, at least three(3) letters of recommendation from reliable persons in this county, certifying as to the applicant's good character and business responsibility, or other evidence which establishes to the satisfaction of the mayor the good character and business responsibility of such person or persons;
   8. The place or places in the city where it is proposed to carry on an applicant's business, and the length of time during which it is proposed that the business shall be conducted;
   9. The place or places, other than the permanent place of business of the applicant where applicant within the six (6) months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
   10. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the city, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time the application is filed.
   11. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the city clerk-treasurer, copies of all the advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to the application as exhibits thereto;
   12. Whether or not the person or persons conducting the applicant's business have been convicted of a felony, the nature of such offense and the punishment assessed therefor;
   13. Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative;
   14. A copy of the current and valid state sales tax permit in the name of the applicant;
   15. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the city clerk-treasurer may deem proper to fulfill the purpose of this chapter in the protection of the public good.

SECTION 9-204 INVESTIGATION AND ISSUANCE.

Upon receipt of such application, the city clerk-treasurer shall cause such investigation of such person or person's business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the city clerk-treasurer shall so certify in writing, and a license shall be issued by the city clerk-treasurer. The city clerk-treasurer shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, the place where the business may be carried on under the license, and the name or names of the person or persons authorized to carry on the same.

SECTION 9-205 EXHIBITION OF LICENSE.

The license issued under this chapter shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license shall desire to do business in more than one place within the city, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business.

SECTION 9-206 FEES.

1. Licensees under this chapter shall pay a fee as set by the council.
2. Every person conducting a business licensed under this chapter shall, on the first business day of each week, and upon discontinuance of business in the city present to the clerk of the city, at his office, a verified statement showing the total sales made during the preceding week. The clerk and any other officer designated by him shall have power and authority to enter any store, building, or any other place in which such temporary business may be conducted at any time during business hours for ascertaining the amount of sales made and shall at all times have access to the books of such business.

SECTION 9-207 TRANSFER.

No license shall be transferred without written consent from the mayor as evidenced by an endorsement on the face of the license by the city clerk-treasurer showing to whom the license is transferred and the date of the transfer.

SECTION 9-208 LOUD NOISES AND SPEAKING DEVICES.

No licensee under this chapter, nor anyone in his behalf shall shout, make any outcry, blow a horn, ring a bell or buzzer or any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such license proposes to sell.

SECTION 9-209 DUTY OF POLICE TO ENFORCE

It is the duty of the police officers of the city to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any persons found to be violating the same.

SECTION 9-210 RECORDS

The city clerk-treasurer shall deposit the record of fingerprints of licensee, together with a license number, with the chief or police; the chief of police shall report to the city clerk-treasurer any complaints against any person licensed under the provisions of this chapter and any conviction for violation of this chapter; the city clerk-treasurer shall keep a record of all such licenses and of such complaints and violations.

SECTION 9-211 REVOCATION OF LICENSE.

1. The permits and licenses issued pursuant to this chapter may be revoked by the Mayor of the city after notice and hearing, for any of the following causes:
   1. Any fraud, misrepresentation or false statement contained in the application for license;
   2. Any fraud, misrepresentation or false statement made in the connection with the selling of goods, wares, or merchandise;
   3. Any violation of this chapter;
   4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
   5. Conducting the business licensed under this chapter 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.
2. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint ant the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address, at least five (5) days prior to the date set for the hearing.

SECTION 9-212 APPEAL

Any person aggrieved by the decision of the city clerk-treasurer in regard to the denial of application for license as provided for in Section 9-204 of this chapter or in connection with the revocation of a license as provided for in Section 9-213 of this chapter, shall have the right to appeal to the council of the city. Such appeal shall be taken by filing with the council within fourteen (14) days after notice of the decision by the city clerk-treasurer has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 9-211 of this code for notice of hearing on revocation. The order of this council on such appeal shall be final.

SECTION 9-213 EXPIRATION OF LICENSE.

All licenses issued under the provisions of this chapter shall expire ninety (90) days after the date of issuance thereof unless a prior date is fixed therein.

SECTION 9-214 PENALTY.

Any person, firm or corporation violating any of the provisions of this chapter shall be punished, upon conviction thereof, as provided Section 1-108 of this code.

CHAPTER 3

SPECIAL EVENT DAY

Section 9-301 SPECIAL EVENT DAY DESIGNATION

The City shall declare and designate a SPECIAL EVENT DAY for the purpose of the temporary sales of merchandise or goods within the City for the day of the designated Special Event.

Section 9-302 SPECIAL EVENT DAY LICENSE REQUIRED

The City shall require any person, vendor or organization to secure a SPECIAL EVENT DAY LICENSE, and pay the license fee to the City, and said license shall be valid on the designated SPECIAL EVENT DAY only, and the said license shall expire immediately on the next day thereafter.

Section 9-303 SPECIAL EVENT DAY FEE

The City shall impose the following license fee for the day of the designated Special Event: $5.00 fee for garage sale license for persons selling personal goods from their personal residence; and $10.00 for vendor or organization license for selling any merchandise or goods from locations other than the personal residence.

Section 9-304 EXHIBITION OF SPECIAL EVENT DAY LICENSE

The SPECIAL EVENT DAY LICENSE shall be on a form designated by the City, and shall be posted conspicuously in the place named therein, and in view of the public, and the failure to so post shall result in the assessment of the SPECIAL EVENT DAY PENALTY.

Section 9-305 SPECIAL EVENT DAY PENALTY

The City shall impose the following punishment, upon conviction thereof, as provided under Section 6-119 of this Code, for the failure to secure the said SPECIAL EVENT DAY LICENSE or the failure to post the SPECIAL EVENT DAY LICENSE as provided under Section 9-217 of this code: $25.00 fine for persons selling personal goods from their personal residence; and $50.00 fine for vendors or organizations selling merchandise or goods from locations other than the personal residence.

Section 9-306 SPECIAL EVENT DAY FEE AND PENALTY USE

The City shall collect said fee and fines and deposit said funds into the City General Fund for the cost of advertising or marketing the designated SPECIAL EVENT DAY, and any monies unused shall revert to the use and benefit of the City.

CHAPTER 4

GARAGE SALES

SECTION 9-401 DEFINITION

For the purpose of this chapter, "garage sale" means any sale commonly known as a garage, porch, room, backyard, front yard or patio sale or any other type of general sale conducted by individuals, whereby articles of individual personal property are offered for sale to the public. This definition shall not include a situation where specific items are held out for sale and all advertisement of such sale specifically names the items to be sold.

SECTION 9-402 PERMIT REQUIRED

1. It is unlawful for any person to hold, conduct, engage in or participate in any manner in a garage sale without first having obtained a permit as provided for in this chapter.
2. The issuance of a permit under the provisions of this chapter shall not exempt such persons from the terms and provisions of other ordinances or laws.
3. A separate permit shall be required for each location at which a garage sale is to be held.
4. No location shall be eligible for more than one permit in any three-month period unless there has been a change in the lawful possession of such location.
5. In the event of rain or other seriously inclement weather conditions, the applicant may return the garage sale permit to the city for a rain check. A rain check shall be used within the twenty-one day period and following the dates initially scheduled for the garage sale and only one rain check will be allowed within a three-month period.

SECTION 9-403 APPLICATION

An applicant for a garage sale permit shall furnish the City Clerk with the following information:

1. Full name and address of applicant or applicants;
2. The location at which the garage sale is to be held;
3. The date or dates that the sale is to be held.

SECTION 9-404 FEE LEVIED.

1. For the purpose of helping to defray the cost of inspection and enforcement of this chapter, there is hereby levied a fee for garage sale permits in an amount to be set by the city council by motion or resolution.
2. All fees collected pursuant to this chapter shall be deposited in the general fund of the city for the use and benefit of the city.

SECTION 9-405 ISSUANCE OF PERMIT

1. The city clerk is hereby authorized to issue a garage sale permit for a period of not more than three (3) days to any person applying for said permit; provided the applicant is in compliance with the requirements of this chapter and ordinances of the city.
2. Before issuing a garage sale permit, the city clerk may conduct such investigation as may be reasonable to determine compliance with this chapter and other city ordinances.

SECTION 9-406 REVOCATION OR REFUSAL.

Any permit issued under this chapter may be revoked or any application for issuance of a permit may be refused by the city clerk if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.

SECTION 9-407 DISPLAY OF PERMIT.

Each permit issued pursuant to this chapter shall be prominently displayed at the garage sale location for the duration of the sale.

SECTION 9-408 SIGNS.

1. Posting signs on utility poles or on any property owned by the city is strictly prohibited.
2. Signs placed on the right-of-way of any street, alley, or roadway shall be placed so as to not interfere with or obstruct traffic or driver's ability to see other traffic or obstacles.
3. All signs advertising a garage sale shall be removed by the permit holder or his agent within forty-eight (48) hours after expiration of the permit.

SECTION 9-409 PENALTY.

Any person found violating any provision of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in Section 1-108 of this code.

CHAPTER 5

FARMERS' MARKETS

SECTION 9-501 DEFINITIONS

• Agricultural Product means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state for use as human food, including:
  1. Fish or other aquatic species;
  2. Livestock processed for food or by-product;
  3. Poultry processed for food or by-product;
  4. Wildlife processed for food or by-product; and
  5. Fruit, nut or vegetable product.
• Farmers' Market means an organized reoccurring operation at a designated location used by vendors primarily for the distribution and sale of locally produced agricultural products or a limited amount of locally produced non-agricultural products as set forth in Section 9-504. A farmers' market, in and of it's self, is not an event and is not a food establishment.
• Farmers' Market Permit means written approval to operate a farmers' market issued by the City.
• Food Item Vendor means a vendor whose commercial inventory present at the beginning of each farmers' market session is comprised of at least eighty percent (80%) agricultural products and not more than twenty percent (20%) locally produced non-agricultural products.
• Locally produced means raised, grown, made, crafted, processed, or produced within 10 miles of the city limits of the City of Maud.
• Permittee means a person issued a farmers' market permit.
• Simple Sample strictly means a sample of a single food product by itself with no additional food products. A simple sample may consist of two food products only when the primary food item of the vendor has a low viscosity (jam, cheese spread, dip). In such cases a solid food item (cracker, bread) may accompany the sample food item for sampling purposes only and still classify as a simple sample.
• Vendor means a person who distributes, offers for sale, or sells locally produced agricultural products or a limited amount of locally produced non-agricultural products at a farmers' market.

SECTION 9-502 FARMER'S MARKET PERMIT REQUIRED.

It shall be unlawful to operate a farmers' market:

1. without a valid farmers' market permit.
2. in violation of any provision of a farmers' market permit, this article, or any other applicable city ordinance or other law.

SECTION 9-503 LOCATION OF FARMER'S MARKETS.

A farmers' market must be located in a zoning classification that allows farmers' markets as a permitted use.

SECTION 9-504 OPERATION OF A FARMER'S MARKET.

1. A farmers' market shall not be operated more than twenty four (24) hours per week and more than twelve (12) hours in any twenty-four (24) hours period.
2. At least eighty percent (80%) of the vendors must be food item vendors whose products are locally produced.
3. At least eighty percent (80%) of the cumulative square footage area of all vending booths at the farmers' market must consist of locally produced agricultural products.
4. No more than twenty percent (20%) of the vendors at a farmers' market may operate with an inventory comprised of more than twenty percent (20%) locally produced non-agricultural products.
5. Any vendor who offers prepackaged potentially hazardous/time and temperature control for safety (PHF/TCS) food at a farmers' market shall abide the following requirements:
   1. Only vendors with a state food distribution, food manufacturing, or food wholesale license may sell processed foods.
   2. The food manufacturing, food distribution, or food wholesale license must be prominently displayed at the vendor's booth throughout the duration of each farmer's market session.
   3. Any processed foods must be commercially pre-packaged.
   4. Vendors offering foods which required to be kept at any particular temperature by Oklahoma State Department of Health Rules and Regulations for food safety must be able to demonstrate that the food is consistently kept at the required temperature for the duration of any farmer's market event from the arrival to the departure of the vendor.
   5. Ice that contacts food shall be made under conditions meeting the requirements of these rules. The ice shall be obtained only in chipped, crushed, or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. Packaged food may not be stored in direct contact with ice if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
6. Each farmers' market must provide 1.25 parking spaces per vending booth.
7. A farmers' market may display up to two temporary signs on site with a maximum area of thirty two square feet (32ft²) each. Four additional temporary signs, no larger than two square feet each (2ft²) may be displayed off site on a property where permission has been granted by the property owner. Each vendor may display one temporary sign. A vendor's sign shall be no larger than twenty square feet (20ft²). No sign shall be located in the public right of way.
8. All retail activity and all retail products must be confined to the allocated retail vending space as shown on the site plan submitted with application in accordance with Section 9-507.
9. The permittee or the permittee's designated representative must be present at the farmers' market location for all farmers' market functions, which includes any on site activities, preparation, clean up, organizing, loading or unloading, or setup associated with the farmers' market and have the authority to comply with directives from City code and health inspectors including providing corrections for identified violations.
10. Any outdoor farmers' market facilities, structures, signs, tents, tables or any other physical items associated with the farmers' market are considered temporary and are not permitted to remain on site outside of a permanent enclosed structure. Such items may be placed on site within two hours of the beginning of farmers' market operations and may remain on site for up to two hours after the conclusion of farmers' market operations.
11. Each vendor at a farmer's market shall meet all requirements of any other applicable law regulating the vendor's operation at the farmers' market, including, displaying of an appropriate license or permit and meeting required performance standards. The permittee shall be responsible for ensuring that each vendor complies with this subsection. If the permittee is also a vendor at the farmers' market, the permittee shall also meet all requirements of any other applicable law regulating such vendor's operation at the farmers' market.
12. If the permittee desires to add a vendor to the list of participating vendors submitted in accordance with Section 9-507, the permittee shall submit an amended list of participating vendors to the City Clerk prior to such vendor participating in the farmers' market.
13. Any vendor not listed on the list of participating vendors submitted by the applicant in accordance with Section 9-507 or as amended in subsection (l) of this section and any vendor not providing the required insurance or indemnification agreement will not participate in the farmers' market.

SECTION 9-505 SALE OF LOCALLY PRODUCED ALCOHOLIC BEVERAGES.

Any vendor selling locally produced alcoholic beverages must abide by all Oklahoma Alcoholic Beverage Control Board rules and regulations. Sale of alcoholic beverages for on site consumption is prohibited. All pertinent ABC licenses and permits for such sales must be prominently displayed at the vending booth.

SECTION 9-506 SIMPLE SAMPLES AND ON-SITE FOOD PREPARATION.

1. Vendors may distribute samples of food items they are selling without a food establishment permit as long as the samples classify as simple samples as defined herein. The use of single use disposable utensils (toothpicks, sample cups) is allowed. In the case of low viscosity foods (cheese spread, jam), the use of a single solid edible item (cracker, bread) is also allowed. Vendors distributing samples of prepackaged potentially hazardous/time and temperature control for safety (PHF/TCS) foods must demonstrate that the samples are maintained at the same levels of food safety standards as the non sample items in keeping with section 9-504(e)(4) of this ordinance. Products must be protected from all sources of contamination.
2. A farmers' market permit does not authorize on site food preparation at a farmers' market. Appropriate permits from the County Health Department and/or other pertinent public agencies will be required to prepare food on site (i.e. mobile food vending permit, food establishment permit, and open air vending permit).
   1. Individual vendors may acquire a food establishment permit from either the Seminole or Pottawatomie County Health Department, depending on the county in which the Farmer's Market is located. A vendor with the appropriate permits to prepare food on site as a part of the farmers' market operation will count as a non food item vendor unless one hundred percent (100%) of the prepared food items offered for sale consist of locally produced agricultural products, in which case the vendor may be considered a food item vendor. Such vendors must comply with open air vending, food establishment, or mobile food vending regulations in addition to the requirements listed in this article.
   2. A Farmers Market may apply for one food establishment permit to cover all vendors associated with the Farmers' Market. The details of such a permit would be determined through consultation between the County Department of Health and the Farmers' Market administrator/s. Vendors who sell prepared food products which are not comprised of 100% locally grown agricultural products will still be classified as a non food item vendor.

SECTION 9-507 PERMITTE'S APPLICATION AND REVIEW.

1. All applicants for a farmers' market permit shall apply for the permit from the City Clerk. To facilitate the review, the applicant shall provide a site plan displaying the location of the farmers' market, layout of the allocated vending spaces with dimensions, temporary structures, furniture, signage, trash bins, a solid waste collection plan and parking, including parking spaces. The applicant shall also provide a list of all participating vendors and their production location information.
2. The appropriate city departments through the existing city plan review process shall review all applications. Staff involved in the review shall place special provisions or conditions upon the applicant deemed necessary by staff including but not limited to screening, traffic control, lighting, and waste management.
3. When the review process is complete, the City Clerk will notify the applicant. Any modifications or special conditions and provisions imposed during the review shall be provided to the applicant in writing. When all conditions of the permit have been met, then the permit shall be issued by the City Clerk unless denial is required by Section 9-511. The City Code Enforcement Officer shall be responsible for enforcement of the provisions of this division.

SECTION 9-508 LENGTH OF PERMIT; RENEWAL.

A farmers' market permit shall be valid for a period of one year from the date of issuance and may be renewed by applying in accordance with Section 9-507.

SECTION 9-509 FEES.

A Permit fee will be charged at time of issuing the permit. The city council shall set the fee for the permit.

SECTION 9-510 INSURANCE OR INDEMNIFICATION REQUIREMENTS FOR FARMER'S MARKETS LOCATED ON CITY-OWNED PROPERTY.

1. If a farmers' market is to be located on city-owned property, the applicant must obtain and retain a minimum of $1,000,000 general liability and property damage insurance coverage, naming the city, its employees, officers and officials as additional insureds. Proof of such insurability shall be required when applying for a farmers' market permit. In addition, each vendor shown on the applicant's or permittee's list of participating vendors must either obtain and retain insurance meeting the requirements set forth in this subsection or execute a written agreement on a form approved by the city attorney to indemnify and hold harmless the city, its employees, officers and officials against all claims of injury or damage to persons or property arising out of the vendor's activities at the farmers' market.
2. No on site farmers' market activities on city-owned property may commence until the applicant has filed with the city documents evidencing the required insurance being in full force and effect. No vendor may operate at a farmers' market on city-owned property without having either evidence of the required vendor insurance or the required indemnification agreement on file with the city.

SECTON 9-511 OTHER PERMITS.

Permittees or vendors (if a specific permit applies to them) shall comply with all applicable regulations and obtain all other permits, franchises or licenses that may be required under the ordinances of the city or other agencies of the county, state, or federal government. Such permits may relate to health, safety, sale of alcohol or any other topic.

SECTION 9-512 REVOCATION, SUSPENSION OR DENIAL OF A PERMIT.

The city may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if it is found that:

1. The applicant or permit holder has violated or failed to meet any of the provisions of this article or conditions of the permit;
2. Any required licenses have been suspended, revoked, or canceled;
3. The permittee has violated any federal, state, or city law or regulation;
4. The chief of the police department or the chief of the fire department has determined that the farmers' market would pose a serious threat to the public health, safety, or welfare; or
5. The applicant has made a false statement of material fact on an application for a farmers' market permit.

SECTION 9-513 NOTICE TO APPLICANT/PERMITTEE; APPEALS.

Upon denial, suspension or revocation, the city shall notify the applicant or permittee in writing either in person or by certified mail to the address listed on the application of the action taken and the reasons therefore. A person may appeal a decision to deny, revoke, or suspend a permit to the city council. Appeals shall be submitted to the City Clerk in writing within 15 days following the date the applicant or permittee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the city council that is more than six days away. The council will render a decision on the appeal within ten days of the hearing. A permittee shall not operate the farmers' market during the appeal process.

Ordinance 2014-03 September 15, 2014

CHAPTER 6

MEDICAL MARIJUANA

SECTION 9-601 DEFINITIONS

The following words and terms, when used in this Chapter and Article, shall have the following meaning, unless the context clearly indicates otherwise, and in accordance with OAC 310: 681-1-4.

1. "Applicant" means the natural person or entity in whose name a license would be issued.
2. "Commercial Establishment" ("Establishment") or "Commercial Licensee" means an individual or entity licensed under this Chapter as a medical marijuana dispensary, grower, processor, or researcher.
3. "Commercial License" means a license issued to a medical marijuana dispensary, grower, processor, or researcher.
4. "Commissioner" means the Commissioner of Health of the Oklahoma State Department of Health.
5. "Department" means the Oklahoma State Department of Health or its agent or designee.
6. "Dispense" means the retail sale of medical marijuana, medical marijuana concentrate, or a medical marijuana product to a qualified patient, the qualified patient's parent(s) or legal guardian(s) if qualified patient is a minor, and a licensed caregiver.
7. "Dispensary" means an individual or entity that has been licensed by the Department pursuant to 63 O.S. § 421A and this Chapter, which allows the dispensary to purchase medical marijuana from a processer or grower and to sell medical marijuana only to a qualified patient, to the qualified patient's parent(s) or legal guardian(s) if qualified patient is a minor, and a licensed caregiver.
8. "Food" has the same meaning as set forth in 63 O.S. § 1-1101 and the Oklahoma Administrative Code ("OAC") 310:257-1-3 ("'food' means (1) articles used for food or drink for man, (2) chewing gum, and (3) articles used for components of any such article") and set forth in OAC 310:260-1-6 ("'food' means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption").
9. "Grower" or "Commercial Grower" means an individual or entity that has been licensed by the Department pursuant to 63 O.S. § 422A, which allows the grower to grow, harvest, dry, cure, and package medical marijuana according to this Chapter for the purpose of selling to a dispensary or processor.
10. "Information Panel" has the same definition as set forth in 21 CFR § 101.2 and means "that part of the label immediately contiguous and to the right of the principal display panel as observed by an individual facing the principal display panel."
11. "Label" carries the same definition as set forth in 63 O.S. § 1-1101 and "means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this article that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if there be any, of the retail package of such article, or is easily legible through the outside container or wrapper."
12. "License" means a state issued license or other state issued documentation proving the holder of such license is a member of a state regulated medical marijuana program.
13. "License Number" means the unique multi-character identifier issued and printed upon each license.
14. "Licensee" means any natural born person or entity that holds a medical marijuana license provided for in this Chapter, excluding inmates of any local, county, state, or federal correctional facility or jail.
15. "Licensed Packager" as used in 63 O.S. § 422A(C) means a processor.
16. "Marijuana" means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marijuana" does not include the mature stalks of the plant or fiber produced from the stalks; oil or cake made from the seeds of the plant; or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake; the sterilized seed of the plant that is incapable of germination; or industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
17. "Medical Marijuana" means marijuana that is grown, processed, dispensed, tested, possessed, or used for a medical purpose, and includes medical marijuana concentrate and medical marijuana products.
18. "Medical Marijuana Concentrate" ("Concentrate") means a substance obtained by separating cannabinoids from any part of the marijuana plant by physical or chemical means, so as to deliver a product with a cannabinoid concentration greater than the raw plant material from which it is derived.
19. "Medical Marijuana Product" means a product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a qualified patient, including but not limited to oils, tinctures, edibles, pills, topical forms, gels, creams, and other derivative forms.
20. "Medical Marijuana Waste" means unused, surplus, returned or out-of-date marijuana; recalled marijuana; unused marijuana; plant debris of the plant of the genus cannabis, including dead plants and all unused plant parts and roots; and any wastewater generated during growing and processing.
21. "Minor" means any natural person younger than eighteen (18) years of age.
22. "Oklahoma Resident" ("Resident") means an individual who resides in the State of Oklahoma and can provide proof of residency as required by 63 O.S. § 420A et seq. and OAC 310:681-1-6.
23. "Oklahoma Uniform Symbol" means the image, established by the Department and made available to commercial licensees, indicating the package contains marijuana and must be printed at least one-half inch in size by one-half inch in size in color.
24. "Out-of-State Medical Marijuana Patient License" means an unexpired medical marijuana patient license issued by another U.S. state, which is the substantial equivalent of the Oklahoma medical marijuana patient license issued pursuant to OAC 310:681-2-1 and OAC 310:681-2-2.
25. "Package" or "Packaging" means any container or wrapper that a grower or processor may use for enclosing or containing medical marijuana or medical marijuana products.
26. "Patient" or "Qualified patient" means a person that has been properly issued a medical marijuana license pursuant to 63 O.S. § 420A et seq. and these rules.
27. "Physician" means a doctor of medicine or a doctor of osteopathic medicine who holds a valid, unrestricted and existing license to practice in the State of Oklahoma and meets the definition of "board certified" under rules established by either the Oklahoma Board of Medical Licensure or the Oklahoma Board of Osteopathic Examiners.
28. "Principal Display Panel" has the same definition as set forth in 21 CFR § 101.1 and "means the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale."
29. "Private School" means an elementary, middle, or high school maintained by private individuals, religious organizations, or corporations, funded, at least in part, by fees or tuition, and open only to pupils selected and admitted based on religious affiliations or other particular qualifications.
30. "Process" means to distill, extract, manufacture, prepare, or otherwise produce a medical marijuana product or medical marijuana concentrate.
31. "Processor" means an individual or entity that has been licensed by the Department pursuant to 63 O.S. § 423A, which allows the processor to: purchase medical marijuana from a grower or processor; process, package, and sell medical marijuana to a dispensary or processor; and may process medical marijuana received from a qualified patient into a medical marijuana concentrate, for a fee.
32. "Public School" means an elementary, middle, or high school established under state law, regulated by the local state authorities in the various political subdivisions, funded and maintained by public taxation, and open and free to all children of the particular district where the school is located.
33. "Retailer" as used in 63 O.S. § 420A et seq. means a dispensary.
34. "Revocation" means the Department's final decision in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq., that any license issued pursuant to 63 O.S. § 420A et seq. and this Chapter is rescinded.
35. "Rules" means, unless otherwise indicated, the rules as adopted and set forth in OAC 310:681.
36. "State Question" means Oklahoma State Question No. 788 and Initiative Petition Number 412.
37. "Transportation License" means a license issued automatically to commercial licensees upon approval of a commercial license, which allows growers, processors, or dispensaries, or their authorized agent(s), to deliver medical marijuana from their licensed locations to the licensed locations of other growers, processors, or dispensaries.

SECTION 9-602 MEDICAL MARIJUANA ESTABLISHMENTS; PERMITS

1. All Commercial Marijuana Growers, Commercial Marijuana Processors, Commercial Marijuana Transporters, Retail Marijuana Dispensaries, Licensed Packagers, Wholesale Facilities, and Research Facilities are required to obtain a permit from the City Clerk or their designee. These establishments are defined as any medical marijuana establishment licensed by the State of Oklahoma. The Permit shall be issued by the City upon the Applicant's proof and verification of the Applicant's License from the State Department pursuant to 63 O.S. § 420A et seq. and Title 310 of the Rules of the Oklahoma State Department of Health: 681-1 et seq., and payment of the Permit Fee.
2. The City Council will establish by resolution a fee to obtain the Permit for each of the above described entities. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of the above described entities.
3. A Permit will not be granted to any Applicant where the proposed location of the retail establishment would be located within one thousand (1,000) feet of any public or private school entrance, nor five hundred (500) feet of any church, nor three hundred (300) feet of any private residence.
4. Buildings or transportation vehicles where marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
5. Any violations of this section will result in the revocation of the permit, and a fine of $200.00 per day while the violation exists.
6. Nothing in this Ordinance shall be construed to:
   1. allow persons to engage in conduct that endangers or causes a public nuisance or
   2. allow any activity that is otherwise illegal and not permitted by state law; in particular, the above municipal regulations in this section are intended to comport with, follow, but not exceed, those state regulations promulgated in 63 O.S. 420A et seq. and OAC 310-681-1 et seq.

SECTION 9-603 MARIJUANA GROWING FACILITIES FOR PERSONAL MEDICAL USE; SECURITY

1. Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
2. The primary use of the residential property in which marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping and sanitation/bathing facilities with proper ingress and egress. No room shall be used for growing marijuana where such cultivation will impair or prevent the primary uses of cooking, eating, sleeping or sanitation/bathing
3. All medical marijuana plants grown by a patient or caregiver shall be grown so that the marijuana is not accessible to a member of the general public. No marijuana plants shall be visible from any street adjacent to the property. For the purposes of this section, “visible” means viewable by a normal person with 20/20 eyesight without the use of any device to assist in improving viewing distance or vantage point. Reference 63 O.S Section 427.12(b).
4. The above municipal regulations in this section are intended to comport with, follow, but not exceed, those state regulations promulgated in 63 O.S. 420A et seq. and OAC 310-681-1 et seq.