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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)
DIVISION 2: LICENSES REQUIRED
(A) It shall be unlawful for any person to engage in transient business in one locality, without having a valid itinerant merchant’s license. Each itinerant merchant shall obtain his, her, or its separate merchant’s license prior to engaging in business.
(B) Exemptions: This section does not apply to the following:
(1) Charitable Solicitors.
(2) Persons selling crafts or goods made by them or their own household personal property.
(3) Persons selling printed material, wood for fuel, ice, eggs, or dairy products.
(4) Persons selling goods at a farmer’s market or auction house.
(Ord. passed 9-19-06; Am. Ord. passed 10-20-09)
It shall be unlawful for any person meeting the definition of a peddler to engage in such business in the City without having a valid City peddler’s license. Each peddler shall obtain his, her or its separate peddler’s license prior to engaging in business. It shall be unlawful for a peddler to operate between the hours of 6:00 p.m. and 9:00 a.m. Monday through Saturday and all day on Sundays.
(Ord. passed 11-19-96; Am. Ord. passed 10-20-09) Penalty, see § 7-258
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