Section
112.01 Authority to regulate
112.02 Definitions
112.03 License required
112.04 Operation permit required
112.05 Subsequent operation permit limit
112.06 Prerequisite to issuance of operation permit
112.07 Amount of license
112.08 Amount of operation permit
112.09 Requirements of license application
112.10 Enforcement
Pursuant to G.S. §§ 160A-178, the town is empowered by ordinance to regulate, restrict or prohibit the business activities of itinerant merchants, salespersons, promoters, drummers, peddlers or hawkers within its corporate limits which may include, but is not limited to, requirements that an application be made and a permit issued and that activities reasonably limited as to time and place and that pursuant to the enabling legislation, the Board of Commissioners of the town desire to exercise the authority granted to it by General Statute.
(Ord. passed 10-9-1986)
(A) 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 town or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said town, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley, or other place within the town, for the exhibition and sale of goods, wares and merchandise, either privately or at public auction; provided that, the definition shall not be construed to include any person, firm or corporation who, while occupying the temporary location, does not sell from stock, exhibits samples only for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(B) The terms transient merchant, itinerant merchant or itinerant vendor, promoter, drummer, peddler or hawker shall not mean or include the following:
(1) Civic club groups who shall from time to time serve foods and/or drinks for non-profit or profit for charitable purposes;
(2) Resident homeowners who shall within their own residential yards or other premises offer items for sale (such events usually known as “yard sales”); or
(3) Farmers who shall offer for sale agricultural products grown on their farms or orchards whether owned or leased.
(Ord. passed 10-9-1986)
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