(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