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(A) Except as explicitly provided in this section, no person or business conducting solicitation in Town is exempt from the application process for a solicitation permit and associated fees, required by this chapter.
(B) Charitable organizations. An organization operating for religious, educational, civic, patriotic, or charitable purposes, whose funds are used for such purpose may conduct solicitation or fundraising in the Town no more than twice each calendar year. If any such organization conducts more than 2 separate fundraising or soliciting activities within a 1 year period, such organization shall no longer be exempt from the requirements of this chapter and will immediately be required to obtain a permit for all such activities at anytime.
(C) Farmer markets. Peddlers who sell farm and/or nursery products at farmer markets shall be exempt from the requirements and regulations in this chapter.
(D) Temporary vendor. Individual or business operating under a temporary vendor permit, issued and approved, by the Town of Mills River.
(E) Yard sales. Yard sales shall be exempt from the solicitation permit application process and associated fees.
(F) Bona fide farms. Bona fide farms shall be exempt from the provisions of this chapter, including, but not limited to, permit application processes and associated fees. However, the provisions of this chapter shall apply to all non-farm solicitation, peddling, and itinerant operations.
(G) Local commercial fee exemption. Any business with a store or other operating facility within the Town corporate limits who desires to utilize solicitors shall be required to complete a solicitation permit application, but associated fees will be waived.
(H) Permit exemption. Organizations and/or individuals who use in-store face-to-face means for solicitation of commercial businesses are exempt from solicitation permit application processes and fees as conveyed in this chapter.
(Ord. 2024-15, passed 9-12-2024)
BUSINESS CONDUCT AND REGULATIONS
(A) It shall be unlawful for individuals to sell or offer goods and/or services for sale upon public streets, public parking lots, or engage in solicitation or peddling anywhere in Town without first applying for and obtaining a solicitation permit from the Town.
(1) Any solicitation or peddling conducted in public streets, public parking lots, or anywhere in Town, regardless of having a solicitation permit, shall not interfere with vehicular traffic and/or solicit services to drivers and occupants of motor vehicles.
(2) All solicitation and peddling conducted on highways and/or streets shall adhere to G.S. § 20-175 Pedestrians Soliciting Rides, Employment, Business, or Funds upon Highways or Streets.
(B) It shall be unlawful to enter private property for the purpose of solicitation when the property is posted with "No Trespassing" and/or "No Solicitation" signs, or otherwise similar in context.
(C) It shall be unlawful to solicit or peddle on Town-owned property, unless approved by Town Council.
(Ord. 2024-15, passed 9-12-2024)
Cross reference:
Profiteering, see § 90.011
It shall be unlawful for any solicitor, peddler, or person on their behalf to do the following:
(A) Accost another or forcing oneself upon the company of another.
(B) Touch a person being solicited without their consent.
(C) Block the path of a person being solicited or block the entrance or exit of any building or vehicle.
(D) Use profane or abusive language or threaten any person during solicitation.
(E) Use a gesture or act intended to cause a reasonable person to be fearful of the solicitor, or make a person feel compelled to consent to the solicitation.
(F) Be under the influence of alcohol and/or illegally used controlled substances.
(G) Continue to solicit services to a person after the person has made a negative response to the solicitation, either verbally or physically.
(H) Advertise, represent, or hold out in any manner that the permit required by this chapter is an endorsement of the permit holder by Town Council, Town staff, or the Town.
(Ord. 2024-15, passed 9-12-2024)
INVESTIGATIONS
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