(A) Intent. The purpose of this section is to regulate the door-to-door offering for sale and selling of goods, wares, merchandise, food, periodicals and services and the solicitation of orders therefore countywide, and to thereby promote the public safety and welfare.
(B) Permit required. It is unlawful for any person, firm or corporation to sell, offer for sale, or solicit orders for goods, wares, merchandise, food, periodicals or services by going from door-to-door (“peddle” or “solicit”) or to beg or panhandle, within the county without having first secured a peddler/solicitor's permit from the county as provided for in this section, unless it is done with the prior request or invitation of the residents or occupants of the premises visited. Additionally, it is unlawful to peddle, solicit, beg, or panhandle unless the following requirements are met:
(1) Such peddling, soliciting, begging or panhandling shall be permitted only between the hours of 9:00 a.m. and 6:00 p.m.
(2) The peddler/solicitor permit issued for that person shall be carried and displayed at all times while conducting such solicitations in such a manner as to be clearly visible to a reasonable person of adequate vision.
(3) All other permits or licenses required by law shall have been obtained.
(C) Permit applications.
(1) Applications for peddler/solicitor permits under this section shall be submitted to include a $25 permit fee during normal business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m.) on a form provided by the Sheriff’s office and shall include, but not be limited to, the following information:
(a) The full name of the applicant;
(b) The permanent residence address of the applicant;
(c) The applicant's temporary address in or in the vicinity of the county, if applicable;
(d) The name and address of the applicant's employer or the organization with which the applicant is associated in connection with the begging, panhandling, sale activity, or solicitation of orders;
(e) The type of donations, goods, wares, merchandise, food, periodicals and services to be requested, sold or offered for sale;
(f) The period for which the application is sought, which shall not exceed 60 consecutive calendar days; provided that the permit may be renewed for 60-day periods without limit, upon proper application therefore;
(g) A record of any and all crimes of which the applicant has been convicted or has pleaded no contest in the ten years preceding the submittal of the application;
(h) The age, height, weight, and any other additional information which the county may reasonably require for identification, including a copy of the document used by the applicant to verify personal identification (e.g., driver's license, passport, picture I.D.);
(i) A complete listing of and information concerning all other permits or licenses, such as privilege licenses, which were obtained by the applicant.
(2) If an application is filed by an employer, there shall also be filed separate applications for each peddler, solicitor, beggar and panhandler, giving the information set forth above for each peddler, solicitor, beggar and panhandler and signed and sworn to by each peddler/solicitor, and a separate permit shall be issued for each applicant.
(D) Procedures for considering applications.
(1) Upon receipt of a complete application, the Sheriff or designee (hereafter “Sheriff”) shall make or cause to be made such investigation as reasonably necessary to verify the information in the application and to assure compliance with the provisions of this section and shall issue a permit unless the applicant:
(a) Has not submitted a completed application;
(b) Is not permitted by law to engage in such activity due to age;
(c) Has been convicted of, or has pleaded no contest to, a felony charge within the ten years preceding the submittal of the application;
(d) Has been, within the previous five years, convicted of, or pleaded no contest to, a misdemeanor charge involving theft, fraud, forging, uttering, or other crimes of like nature or any crime involving moral turpitude;
(e) Does not have valid driving privileges in the state in those cases where the applicant will be operating a vehicle in the course and scope of the peddling, soliciting, begging, or panhandling; or
(f) Has not obtained any necessary licenses.
(2) The Sheriff shall approve or deny an application and issue a permit as soon as possible and, except in the case of extraordinary circumstances, as when a number of applications are submitted within a short period of time, should act within five business days of receipt of the completed application. Such issued permit shall be nontransferable.
(E) Permit renewal. A peddler/solicitor permit may be renewed for an unlimited number of 60-day periods, provided an application for renewal is made on such form as provided by the Sheriff’s office no later than the expiration date on the current valid permit. Applications received after that date shall be processed as new applications. The Sheriff shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this section. If the Sheriff’s office finds that the application meets the above requirements, the renewal permit shall be issued.
(F) Appeals. The appeal of a refusal to issue a permit or the revocation of a permit shall be made to the Sheriff’s office by filing a written notice of appeal, specifying with particularity the grounds upon which the appeal is made, no later than ten days from the date of the refusal to issue a permit or the revocation of a permit. The Sheriff’s office or designee shall fix a reasonable time for the hearing of the appeal, shall give due notice to all parties, and shall render a decision within a reasonable time. The order or decision of the Sheriff shall be the final county action for the purpose of judicial review.
(G) Revocation of permit. Permits issued under this section may be revoked in accordance with § 113.02. Additional grounds for revocation of a permit include, where evidence is presented, that the applicant has been arrested for a felony or a misdemeanor involving theft, fraud, forgery, moral turpitude, criminal trespass, or a threat to the public safety during the peddling/solicitation period, or has otherwise violated the provisions of this section. A permit which has been revoked shall be immediately surrendered to the Sheriff’s office. Appeals of revocations may be made pursuant to the same process as for denied permits.
(H) Exemptions. This section shall not apply to:
(1) A peddler or an itinerant merchant who sells only one or more of the following types of merchandise:
(a) Farm or nursery products produced by the merchant;
(b) Crafts or goods made by the merchant;
(c) The merchant's own household personal property;
(d) Printed material;
(e) Wood for fuel; and/or
(f) Ice, seafood, meat, poultry, livestock, eggs, dairy products, bread, cakes or pies.
(2) A peddler or an itinerant merchant who is an authorized automobile dealer licensed pursuant to G.S. Chapter 20.
(3) A peddler or an itinerant merchant who is a nonprofit charitable, educational, religious, scientific or civic organization.
(4) A peddler who maintains a fixed permanent location from which at least 90% of the peddler's sales are made but who sells some goods in the county of the fixed location by peddling.
(5) An itinerant merchant who meets any of the following descriptions:
(a) Locates at a farmer's market;
(b) Is part of the state fair or an agriculture fair that is licensed by the Commissioner of Agriculture pursuant to G.S. § 106-520.3; and/or
(c) Sells goods at an auction conducted by an auctioneer licensed pursuant to G.S. Chapter 85B.
(6) A peddler who complies with the requirements of G.S. §§ 25A-38 through 25A-42, or who complies with the requirements of G.S. § 14-401.13.
(7) The delivery of goods or services which have been ordered before delivery.
(8) The circulation of petitions for signature or lawful distribution of advertising materials, flyers, or materials expressing views on political, social or religious matters;.
(9) The lawful promotion or expression of views concerning political, social, religious and other like matters.
(10) The sale or delivery of goods to business establishments.
(Ord. 2003-04-02, passed 4-21-03; Am. Ord. 2008-06-01, passed 7-21-08)