(A) All peddlers and panhandlers are required to obtain a privilege license from the County of Davie before engaging in any activity as set forth in this chapter. In order to obtain a privilege license from the County of Davis, the person shall register with the County through the Davie County Sheriff's Department. At the time of registration, the person shall present a photo identification issued by the North
Carolina Division of Motor Vehicles or the equivalent state agency in the applicant's state of residency and one other form of identification.
(B) Any person, who makes any false or misleading statement while applying for a panhandler's privilege license under this chapter, is guilty of a misdemeanor. Upon receipt of information of such a violation, the county shall decline to issue a privilege license to the offending applicant or shall revoke the license of the offending licensee.
(C) Procedures.
(1) Applications. Applications for peddlers and panhandler privilege licenses from any individual under this chapter shall be submitted to the Davie County Sheriff Department in their business office located in the first floor of the Davie County Courthouse during normal business hours. The applicant shall submit an application, together with a criminal background history check conducted by the Davie County Sheriff or his or her designee, which shall be reviewed by the Davie County Sheriff or his or her designee to determine eligibility of the applicant. Thereafter, upon payment of all cost associated thereof and all taxes set forth above, the Sheriff shall issue a privilege license. Such privilege license shall be valid until the end of the calendar year in which issued. All privilege licenses shall expire at the end of the calendar year and all peddlers and panhandlers shall be required to obtain a new privilege license for each successor year.
(2) Conducting criminal history checks. This section is adopted by the County of Davie to provide procedures for conduction criminal history checks through SBI/DCI on individuals applying for privilege licenses to engage in peddling or panhandling within the limits of Davie County. The purpose of this section is to provide for the safety of the citizens of Davie County and the motoring public using the streets and highways of Davie County. All applicants must provide with their application all identification information, names and other appropriate identifiers necessary for the Davie County Sheriff Department to complete a criminal history check on the applicant. No applicant's criminal history will be checked pursuant to this section unless, and until, an access agreement with the State Bureau of Investigation, (for use of the State's SBI/DCI datebase according to applicable regulations), has been obtained by the Davie County Sheriff and is in effect.
(3) Prior to denial or termination of a license based upon CHRI received from the criminal justice agency, the non-criminal entity shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the CIIS for verification that the CHRI record belongs to the individual.
(4) Disqualifying offenses. The following offenses, if appearing in an applicant's criminal history check and committed within the most recent five-year period, will disqualify that applicant from receipt of a privilege license:
(b) Convictions of one or more offenses under the law of any jurisdiction which involve either misdemeanor or felony assault, communicating threats, illegal use of a weapon, or breaking and entry or larceny.
(c) Upon receipt of information or report of a violation of this section or any other applicable code provision, the county may refuse to issue, refuse to renew or may revoke any privilege licenses as deems necessary to safeguard the interest of the public and to carry out the purposes of this chapter, (which are to promote public safety and convenience on the street and highways of Davie County). Within ten days of notification of such action, the applicant may request a conference with the County Manager to review such actions.
(5) Form and content of license. A license shall show the name of the person licensed, the nature of the license, and the period for which the license is issued.
(6) Service of notice. Whenever this chapter requires a written statement or notice to be given to the applicant, such statement or notice shall be given by either personally delivering the statement or notice to the applicant or by mailing the statement or notice to the address specified in the license application.
(Ord. passed 6-19-2014; Ord. passed 10-6-2014)