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(A) Every person, firm, or corporation, their guests or employees, who shall knowingly violate any of the provisions of this article, shall, on conviction thereof, be deemed guilty of a Class 2 misdemeanor. If the violation is by an owner or major stockholder or managing partner of the pawnshop and the violation is knowingly committed by the owner, major stockholder, or managing partner of the pawnshop, then the license of the pawnshop may be suspended at the discretion of the court.
(B) The provision of division (A) of this section shall not apply to violations of § 7-219(F) which shall be prosecuted under the state criminal statutes.
(C) Any contract of pawn the making or collecting of which violates any provision of this article, except as a result of accidental or bona fide error of computation, shall be void, and the licensee shall have no right to collect, receive or retain any interest or fee whatsoever with respect to such pawn.
(G.S. § 66-396) (Am. Ord. passed 4-20-99)
Notwithstanding any provision of this article to the contrary, any person, firm, or corporation licensed as a pawnbroker on or before October 1, 1989, shall continue in force until the natural expiration thereof and all other provisions of this article shall apply to such license. Such pawnbroker shall be eligible for renewal of his license upon its expiration or subsequent renewals, provided such license complies with the requirements for renewal that were in effect immediately prior to October 1, 1989.
(G.S. § 66-398) (Am. Ord. passed 4-20-99)
Every person, firm, or corporation licensed under this article shall, at the time of receiving the license, file with the city or county issuing the license a bond payable to such city in the sum of $5,000, to be executed by the licensee, and by two responsible sureties or a surety company licensed to do such business in this state, to be approved by the city, which shall be for the faithful performance of the requirements and obligations pertaining to the business so licensed. The city may sue for forfeiture of the bond upon a breach thereof. Any person who obtains a judgment against a pawnbroker and upon which judgment execution is returned unsatisfied may maintain an action in his or her own name upon the bond, to satisfy the judgment.
(G.S. § 66-399) (Am. Ord. passed 4-20-99)
Section
Division 1: Purposes and Definitions
7-245 Purposes
7-246 Definitions
Division 2: Licenses Required
7-247 Itinerant merchant’s license required
7-248 Peddler’s license required
7-249 Charitable solicitor’s license required
Division 3: Application for Licenses, Issuance, Denials and Appeals
7-250 Application for a license
7-251 Issuance of a license
7-252 Appeal from denial
Division 4: Exhibit, Transferability and Duration of Licenses
7-253 Possession and exhibition
7-254 License cannot be transferred
7-255 Duration and renewals
Division 5: Revocation, Appeals, and Enforcement
7-256 Revocation; appeal
7-257 Enforcement
7-258 Conflicts
DIVISION 1: PURPOSES AND DEFINITIONS
(A) The purposes of this article are to promote public health, safety and welfare by regulating and licensing certain house to house canvassing thereby protecting the privacy and safety of the residents of the city.
(B) The City Council does hereby find that the house to house canvassing has caused residents of the city reasonable concerns about their privacy and safety in their personal residences.
(Ord. passed 11-19-96; Am. Ord. passed 9-19-06)
Whenever used in the following sections of this chapter, the following words shall be as herein defined, unless a different meaning clearly appears from the context.
BUSINESS DAYS. Days that the office of the City Clerk is open to the public for the transaction of official business, excluding Saturdays, Sundays and legal holidays.
CHARITABLE SOLICITOR. A person that goes from house to house or causes another person to go from house to house soliciting property or financial assistance of any kind or selling or offering to sell any article, tag, service, emblem, publication, ticker, advertisement, subscription or anything of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic, or philanthropic purpose.
CHARITY. An organization, society, association or corporation organized and existing for charitable, educational, patriotic, or philanthropic purposes.
CITY. The city of Eden, North Carolina.
CITY MANAGER. The City Manager of the city or the Acting City Manager in the absence of the City Manager.
CLERK. The City Clerk of the City of Eden.
FILING DATE. The day a completed application is filed with the Clerk.
HOUSE. A dwelling. A dwelling is a building or portion thereof designed, arranged or used for permanent living quarters for one or more families.
ITINERANT MERCHANT. A person who transports goods to a building, vacant lot or other location in the City and who, at said location displays the goods, offers the goods for sale, or sells the goods at retail, for a period of less than six consecutive months. An itinerant merchant shall not include a person with an established retail store in the City or a person who sells farm produce.
LICENSE. Unless otherwise specified, shall mean a peddler’s license, a itinerant merchant’s license or a charitable solicitor’s license.
LICENSEE. A person holding a peddler’s license, a itinerant merchant’s license or a charitable solicitor’s license.
PEDDLER. Any person that travels from house to house, street to street, or place to place within the City, taking or attempting to take orders for the sale of goods, wares, magazines, merchandise and other personal property of any nature for future delivery, or orders for services to be furnished or performed in the future.
PERSON. An individual, person, firm, organization, association, society, company or corporation.
(Ord. passed 11-19-96; Am. Ord. passed 9-19-06; Am. Ord. passed 10-20-09)
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