§ 2006. Review and investigation; issuance or denial.

A.

Upon receipt of an application for a license pursuant to this chapter, the Director shall make or cause to be made any inquiry or investigation that may be necessary to determine whether the applicant is in compliance with the provisions of all laws and ordinances applicable to outdoor selling as well as other applicable provisions of this code.

B.

Upon completion of any investigation as provided for by this chapter, the Director shall review the application to ensure:

1.

That the applicant or the applicant's employer is a vendor registered with the Oklahoma Tax Commission for the payment of sales tax, or that he or she has otherwise demonstrated that sales tax has been or is being paid on the items sold, or that the applicant or the applicant's employer is exempt from payment of such tax;

2.

That the applicant or the applicant's employer is aware of the responsibility to collect and pay sales tax, unless tax exempt;

3.

That the site chosen for any fixed outdoor business location is appropriately zoned for such a land use, is otherwise in full compliance with Title 42, Tulsa Revised Ordinances (Tulsa's Zoning Code), and that the said location does not extend onto any portion of the public right-of-way;

4.

That the applicant's character or business responsibility is not "unsatisfactory" (as defined in Subsection D, below);

5.

That the applicant's proposed signs and locations comply with all of the provisions of Title 42, Tulsa Revised Ordinances (Tulsa's Zoning Code); and

6.

That the application otherwise complies with all of the provisions of the Tulsa Revised Ordinances.

C.

Within seven (7) business days after receipt of the application, the Director shall either approve or disapprove of the application. Grounds for disapproval shall be the following:

1.

A finding that the application is incomplete;

2.

Nonpayment of the application fee;

3.

Failure of the applicant to verify that he or she, or the applicant's employer, is a vendor registered with the Oklahoma Tax Commission for the payment of sales tax; or that sales tax has been or is being paid on the items sold; or that he or she, or the applicant's employer, is otherwise exempt from payment of sales tax;

4.

A finding that the site chosen for a fixed outdoor business location is not properly zoned for the proposed land use or that said site extends onto a portion of the public right-of way;

5.

A finding that the applicant's proposed signs and locations therefor are not in compliance with Title 42, Tulsa Revised Ordinances (Tulsa's Zoning Code);

6.

A finding that the application is not in conformance with any other applicable provisions of the Tulsa Revised Ordinances; or

7.

A finding that the applicant's character or business responsibility for an outdoor seller license is "unsatisfactory" (as defined in Subsection D, below); or if the application is approved, the Director shall issue the permit. If the application is disapproved, the Director shall state in writing and with specificity the reason(s) for disapproval. The Director shall immediately notify the applicant of such disapproval. Mailing a copy of the letter of disapproval to the address shown on the application shall be deemed to be adequate notification of the applicant.

D.

For the purposes of this chapter, "unsatisfactory character or business responsibility" of an applicant shall be defined as follows:

1.

A finding that the applicant has been convicted of two (2) or more violations of the provisions of this chapter within the preceding twelve (12) months; or

2.

A finding that a previous license held by the applicant pursuant to the provisions of this chapter was revoked within the previous twelve (12) months; or

3.

A conviction, within the previous five (5) years, of either a felony or misdemeanor offense involving fraud or dishonesty, including but not limited to larceny, burglary, robbery, embezzlement or crimes involving fraud.

(Ord. No. 18984)