Section
Article I. In General
4-1 Selling goods on public property
4-2 Solicitor’s permit required
4-3 Wine, fortified wine, and mixed beverages on Sunday mornings
4-4 – 4-10 Reserved
Article II. Privilege License Tax
4-11 Definitions
4-12 Levy generally
4-13 Continuing authority of Board of Aldermen
4-14 Collecting official
4-15 Required
4-16 Exemptions
4-17 Multiple businesses
4-18 Separate places of business
4-19 Application – Generally
4-20 Same – False statements
4-21 Investigations
4-22 Issuance conditional
4-23 Form and contents
4-24 Copy to be filed
4-25 Effect of discontinuance of business
4-26 Refunds
4-27 Duration
4-28 Change in place of business
4-29 Transfer
4-30 Display
4-31 Injunctive relief
4-32 Collection of unpaid tax
4-33 Revocation
4-34 Schedule of taxes
4-35 Beach vendors
4-36 Food trucks
4-37 – 4-39 Reserved
Article III. Adult and Sexually Oriented Businesses
4-40 Authority and jurisdiction
4-41 Purpose
4-42 Abrogation
4-43 Definitions
4-44 Scope and provisions of article
4-45 Interpretation of terms and definitions
4-46 Severability
4-47 Enforcement
Statutory reference:
Municipal authority to regulate business, trades and the like, see G.S. § 160A-194
Soliciting on streets, see G.S. § 20-175
ARTICLE I. IN GENERAL
(a) It shall be unlawful for any person to expose for sale, offer to sell, barter or exchange or sell, barter or exchange any goods, wares or merchandise within the street and highway rights-of-way of the town, or on the ocean beaches of the town (except as specified in § 4-35, Beach Vendors), or on parking lots (and other areas open to the public) which are contiguous to the state highway and town street rights-of-way. Commercial sales shall be allowed in the town park building upon approval of the Town Manager and the Board of Aldermen. Said approval shall be in writing and signed by the Town Manager and the individual(s) or entities authorized to carry out said sales.
(b) No license issued pursuant to ordinance shall authorize or allow a commercial business activity prohibited by the town’s ordinances.
(c) Anyone violating this section shall be subject to a civil penalty of $500. No such civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Each day of the continuing violation shall constitute a separate violation.
(d) This section shall not apply to the activities of any employee of the town within the scope of his or her employment or any department of the town acting within the scope of its responsibility, and this section shall not apply to any organization providing services pursuant to a written authorization with the town for public purposes that the town is authorized by law to provide.
(e) This section shall not apply to any town-approved festivals, charity events, art or cultural events, farmers’ market or any other similar event for which the town has issued a special event permit.
(Ord. 2010-2, passed 3-4-2010; Ord. 2014-2, passed 3-6-2014)
Statutory reference:
Municipal authority to regulate peddlers, itinerant merchants and the like, see G.S. § 160A-178
Penalties for ordinance violations, G.S. §§ 14-4, 160A-75
(a) Solicitors shall write or come into the office of the Town Clerk to request permits.
(b) Any company/individual requesting a soliciting permit needs to provide the following:
(1) Credentials of the company or organization;
(2) Name and photo ID of each person coming into the area; and
(3) Length of time such person will be in the area.
(c) The soliciting permit shall be issued by the Town Clerk.
(d) Notification, with proper ID information, shall be provided to the Police Department.
(e) Each solicitor must carry an ID and a copy of the soliciting permit, to be provided to the police or town citizen upon request.
(f) Notification shall be given to the solicitor, that if a complaint is received against such organization or individual, that the soliciting permit may be revoked.
(g) There are no fees for a solicitor’s license, for those who only take orders. If they take orders and deliver goods on location, they are peddlers and are subject to a license fee as such.
(h) A complete file shall be kept on all solicitors requesting to come into the area.
(Ord. passed 5-7-1992)
The sale of malt beverages, unfortified wine, fortified wine and mixed beverages shall be allowed within the town’s corporate limits at any premises licensed pursuant to G.S. 18B-1001 on Sundays beginning at 10:00 a.m.
(Ord. 2017-8, passed 8-2-2017)
§ 4-4 – 4-10 RESERVED.
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