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§ 111.02 PERMIT REQUIRED.
   (A)   Generally. It shall be unlawful to sell, or offer for sale any food, beverage, goods, or merchandise on foot, from any pushcart or mobile food unit on any right-of-way, street, sidewalk, residential area, or public park within the town or from any location operated by an itinerant merchant or door-to-door solicitor within the village without first obtaining a permit therefore, pursuant to the provisions contained in this chapter, from the Village Manager or his/her designee.
   (B)   Exemptions.
      (1)   Religious, charitable, or educational exception. This chapter shall not prohibit the sale of merchandise if such sales are conducted by a North Carolina non-profit corporation or by an organization of a USC section 501(c) letter issued by the Internal Revenue Service. Persons vending under this section shall register with the Village Manager or his/her designee prior to engaging in any activity under this chapter. Persons shall provide a copy of any 501(c) letter to the Village Manager or his/her designee.
      (2)   Those who solicit solely to the village's industrial, commercial, or professional establishments.
      (3)   Itinerant merchant exceptions.
         (a)   Sellers of farm or nursery products they produced;
         (b)   Sellers of crafts or goods they or their household produced;
         (c)   Nonprofit charitable, educational, religious, scientific, or civic organizations;
         (d)   Itinerant merchant who is a specialty market vendor at a licensed specialty market or at a specialty market operated by the state or a local government;
         (e)   Itinerant merchant who is located at a farmer's market;
         (f)   Who is an official, registered participant of a festival or event sponsored by a nonprofit organization, which event has been approved by the village according to the special events policy; or
         (g)   Itinerant merchant who sells goods at an auction conducted by an auctioneer licensed in compliance with G.S. Chapter 85B.
      (4)   Door-to-door solicitation exceptions.
         (a)   Those who solicit solely to industrial, commercial or professional establishments within the village;
         (b)   Those who solicit solely agricultural or forest products which have not been subjected to any manufacturing process;
         (c)   Door-to-door solicitors who maintain a fixed permanent location from which they make at least 90% of their sales;
         (d)   Door-to-door solicitors who comply with G.S. § 25A-38 (consumer credit sales at residences with right to cancel) or G.S. § 14-401.13 (off-premises sales of consumer goods or services of $25 or more); and
         (e)   Those soliciting for schools, educational, fire, police, religious or charitable organizations when the provisions of any applicable business license tax ordinances or permitting procedures have been complied with.
(Ord. 2023-07, passed 9-25-23)
§ 111.03 APPLICATION; FEES.
   An application for the permit required by § 111.02 of this chapter shall be accompanied by a permit fee as provided below.
   (A)   Door-to-door solicitor. The application for a door-to-door solicitor shall include:
      (1)   A valid government-issued form of photographic identification;
      (2)   The applicant's name, home and business address, telephone number, photograph, and social security number;
      (3)   The address, telephone number, taxpayer identification number and/or employer identification number, of any company, firm, organization, or person for whom the applicant is acting as an agent or employee;
      (4)   A statement and description of the type of service(s) or product(s) being sold or offered;
      (5)   A statement of the time period (not to exceed six consecutive months) for which the permit is sought;
      (6)   A statement of whether the applicant has been convicted of any misdemeanor or felony in any jurisdiction in any state in the past ten years, and if so, provide details for each conviction;
      (7)   A statement of the applicant's date of birth, place of birth, height, weight, eye color, hair color, and/or other unique identifying information (scars, tattoos, etc.); and
      (8)   A certified copy of a criminal background check through the North Carolina State Bureau of Investigation's Division of Criminal Investigation Network that has been reviewed and approved by the Forsyth County Sheriff's Department that meets the following criteria:
         (a)   An "NC Only - Criminal/Investigative Name Inquiry" shall be conducted for all applicants.
         (b)   An additional "Out-of-State Name Query" from the applicant's state of origin shall be conducted for applicants with out-of-state identification.
   (B)   Itinerant merchant/specialty market vendor. The application for an itinerant merchant shall include:
      (1)   The name, home, and business address of the applicant, the name and the owner of the vending business, or the cart or motor vehicle to be used in the operation of the vending business if other than the applicant;
      (2)   A description of the type of food, beverage, or merchandise to be sold;
      (3)   A description of the proposed location or locations of the vending business, except that vendors from motor vehicles shall describe the general area in which they propose to vend if less than the entire village; and
      (4)   A copy of any approval required by the Forsyth County Health Department pursuant to the Rules Governing the Sanitation of Restaurants and Other Food-Handling Establishments, 10 NCAC Chapter 10, Subchapter 10A.
      (5)   A certified copy of a criminal background check through the North Carolina State Bureau of Investigation's Division of Criminal Investigation Network that has been reviewed and approved by the Forsyth County Sheriff's Department that meets the following criteria:
         (a)   An "NC Only - Criminal/Investigative Name Inquiry" shall be conducted for all applicants.
         (b)   An additional "Out-of-State Name Query" from the applicant's state of origin shall be conducted for applicants with out-of-state identification.
   (C)   Application fee. A non-refundable application fee of $100 shall accompany the application.
(Ord. 2023-07, passed 9-25-23)
§ 111.04 PERMIT; ISSUANCE AND TERM.
   (A)   Not later than 30 days after filing a completed application for a vendor's permit, the applicant shall be notified by the Village Manager or his/her designee of the decision to issue or deny the permit.
   (B)   The Village Manager or his/her designee shall consider the applicant's criminal record report and any other information reasonably deemed relevant in determining whether to grant a permit. If the permit issuance is approved, the Village Manager or his/her designee shall issue the permit. If the permit is denied, the applicant shall be provided with a statement of the reasons therefore, which reasons shall be entered in writing on the application.
   (C)   A permit issued pursuant to this chapter is valid from the date of application for six consecutive months or until the requested term of the permit as stated in the application, whichever shall be greater.
   (D)   Applicants who are denied permits may appeal the denial to the Village Manager in writing. Appeals shall be delivered to the Village Clerk within 30 days of denial. The Village Manager or his/her designee may, but is not required to, hold an in-person hearing to consider any evidence and arguments made by the applicant.
(Ord. 2023-07, passed 9-25-23)
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