(a) It shall be unlawful for any person to beg, solicit, or panhandle within the road rights-of-way or other public property without first obtaining a valid permit, which shall be issued without fee by the Sheriff of Johnston County, or his designee. A permit shall be valid for one year from the date of issuance, or until some other date specified on the permit, or until the permit is revoked. If a person's permit is revoked for any reason, that person shall be ineligible for a permit for a period of two years from the date of revocation. Any revocation of a permit may be appealed to the Sheriff, or his designee, if the appeal is taken within ten days of notice of the revocation.
(b) A permittee shall keep the permit about his or her person and shall display it at all times.
(1) A person is not eligible for a permit or renewal of a permit if within the two-year period prior to application:
a. The applicant has one or more violations of this Chapter;
b. The applicant has been convicted of one or more offenses under the law of any jurisdiction which involves either misdemeanor or felony assault, communicating threats, illegal use of weapons, or other violent crime; or
c. The applicant has been convicted of one or more offenses under the law of any jurisdiction which involves either misdemeanor or felony crimes relating to or in the nature of larceny, embezzlement, theft, obtaining property by false pretenses, or racketeering.
(2) The sheriff shall provide the licensee with a copy of this Chapter at the time a permit is issued or renewed.
(3) Any person who makes any false or misleading statement while applying for a permit is guilty of a misdemeanor. Upon receipt of information of such a violation, the Sheriff shall decline to issue a permit to the applicant or shall revoke the permit if already issued. The applicant or permit holder shall thereafter be ineligible for a permit for a period of two years.
(c) Permit Procedure.
(1) The applicant shall submit an application to the Sheriff along with a valid state-issued photo identification. The Sheriff shall perform a criminal background check to determine eligibility of the applicant. The permit shall be valid for one year or until disqualified or revoked.
(2) Any permit issued under this article is non-transferable.
(3) Any party who disagrees with the Sheriff's decision to deny or revoke a permit shall have the right to an appeal to the Sheriff, if such appeal is requested in writing or in person at the office of the Sheriff within ten days of the denial or revocation. The Sheriff shall schedule an in-person conference with the appealing party to be held not later than the end of business on the second business day following the request for an appeal. The Sheriff shall issue a final decision within 24 hours of the conclusion of the conference. A party aggrieved by the Sheriff's final decision may appeal the decision to the Board of Adjustment by delivering a written request for an appeal to the Clerk of the Board of Commissioners within ten days of the Sheriff's final decision.
(d) As used herein, the term Sheriff shall include the Sheriff and such person as the Sheriff may from time to time designate to act in the Sheriff's stead for purposes of this Chapter.
(e) The permit requirements herein shall not apply to a person soliciting, begging, or panhandling on private property if the solicitor has the permission of the property owner.
(f) Penalty. A violation of this section is punishable as a misdemeanor as set forth in G.S. 14-4.
(Ord. of 1-3-2012; Amend. of 12-6-2021)