(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT MERCHANT. An itinerant merchant, peddler by vehicle, or specialty market operator who transports an inventory of goods to a building, vacant lot, or other location in a county, city, or town, and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.
(B) No itinerant merchant shall conduct business within the town without first obtaining the appropriate privilege license from the town, which privilege license shall cost $25 per year.
(C) Then an itinerant merchant shall obtain an operation permit which will allow the obtainee to retail his or her merchandise for a period not to exceed 36 hours within a 72-hour period; the 72 hours to run consecutively and the 72-hour period to be designated on an operation permit, the 36-hour retail period can be distributed within the 72 hours as desired by the retailer.
(D) At least 20 calendar days must elapse following a designated 72-hour retailing period before another operation permit can be issued to the same itinerant merchant and no more than 5 operation permits shall be issued to any 1 person during any fiscal year, a fiscal year defined as running from July 1 through June 30, the period of time for which a given privilege license is valid.
(E) No itinerant merchant shall receive a privilege license and operation permit without first displaying a state license and notarized, written permission from the property owner on which the business shall be conducted; in addition, the property on which business shall be conducted shall be an appropriately commercially-zoned property operation of the business is permitted.
(F) It shall be unlawful for any person, firm, or entity to operate a concession stand or offer for sale any food items from a mobile conveyance within the corporate boundaries of the town during the annual Hwy. 301 Endless Yard Sale Event, held annually in June, unless such person, firm or entity be a charitable, religious, or non-profit organization organized under Section 501(c)3 of the Internal Revenue Code. This section shall not be construed to prohibit a restaurant from operating in a permanent building or structure within the corporate limits of the town.
(G) Nothing in this chapter shall be construed to prohibit the conduct of lawful privileges licensed by the town or which may hereafter be licensed by the town; neither shall it be construed to prohibit those groups or individuals participating in the annual Hwy. 301 Endless Yard Sale event for the purpose of offering for sale non-food items.
(Ord. passed 11-10-2003; Am. Ord. 13-03, passed 5-13-2013) Penalty, see § 10.99