(A) A person wishing to offer merchandise for sale pursuant to this chapter shall apply to the Town Clerk for a permit on such form(s) as may be required by the Town Clerk.
(B) The permit shall be for a one-year period from the date the permit is issued.
(C) The permit fee shall initially be $100 per year, but may be changed as provided by the schedule of fees approved by Town Council as part of its annual budget approval process. The fee shall be used for Downtown Boone revitalization and programming.
(D) (1) A person may not be issued a permit unless the person has provided the following, and a permit may be revoked at any time if the person fails to demonstrate upon request by the Town Manager (or designee) that the person has provided the following information and approvals and that such are up-to-date and current:
(a) Contact information, including residence address, mailing address, cell phone number, and email address.
(b) If applicable, proof of proper registration with the State of North Carolina for collection and remission of sales taxes.
(c) If applicable, approval from the North Carolina Department of Agriculture.
(d) If applicable, approval from the Watauga County Health Department.
(2) If questioned by the town, it shall be the responsibility of the applicant to demonstrate if any of the above requirements are not applicable to that person.
(E) Permits issued under this section may be superseded during special events as provided at § 111.02(C) herein.
(F) The Town Manager shall have the authority to deny, suspend or revoke a vendor's permit for any of the following causes:
(1) Fraud or misrepresentation contained in the application for the permit or, in applying for the permit; failure to provide the information required by this chapter; or failure to provide any relevant information sought by the permitting official.
(2) Fraud or misrepresentation made in the course of carrying on the business of vending or failure to remit required sales taxes.
(3) Repeated violation of this chapter or the rules promulgated by the Town Manager (or designee) hereunder.
(4) Conviction of the permittee for a felony or misdemeanor related to the vendor's business authorized by the permit.
(G) If a permit is suspended or revoked, the permittee shall have the right to appeal the suspension or revocation to the Town Manager in writing within ten days of the suspension or revocation. The decision of the Town Manager shall be final.
(H) If a vendor has a permit revoked, the Town Manager (or designee) may reject any new application for a permit under this chapter for a 12-month period from the date of revocation.
(Ord. passed 7-12-2023)