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§ 111.07 PERMIT REQUIRED.
   (A)   (1)   It shall be unlawful for any vendor to commence, transact or carry on any trade, calling, profession or occupation, as set forth in this subchapter, without first having obtained a valid vendor sales permit or special event vendor sales permit from the town.
      (2)   Furthermore, the vendor shall comply with any and all licensing and regulation of such trade, business, calling, profession or occupation as may be required by the federal authorities, state agencies, the county and the town.
   (B)   The practicing, transaction or carrying on of any trade, business, calling, profession or occupation specified in this subchapter without complying with any and all regulations, statutes or ordinances of the government entities as stated above, shall constitute a violation of this subchapter.
   (C)   The granting of a vendor sales permit or a special event vendor sales permit is not deemed as evidence of proof that the vendor has complied with all provisions of this subchapter, nor shall it stop the town in seeking remedy for any violation of this subchapter.
   (D)   The fact that a person or organization is engaged in any business which, pursuant to this subchapter requires a vendor sales permit, or that such person or organization has exhibited a sign indicating such business is being pursued shall be prima facie evidence of the responsibility of such person or organization to pay a vendor sales permit or a special event vendors sales permit fee.
   (E)   In any criminal or action brought for the violation of any of the provisions of this subchapter, in the absence of evidence by the defendant otherwise, it shall be presumed that no vendor sales permit or a special event vendor sales permit has been issued and the burden of proof as to the issuance of the permit shall be upon the defendant.
   (F)   It shall be unlawful for any park and swap meet owner or park and swap meet operator to permit a park and swap meet participant or vendor to commence, transact or carry on any trade, calling, profession or occupation within his, her or their park and swap lot without the appropriate license.
(Prior Code, § 8-1-7) Penalty, see § 111.99
§ 111.08 REGULATIONS.
   (A)   Park and swap lots shall be zoned C2 (Commercial) unless approved as outlined in the conditional use permit process in the planning and zoning ordinance.
   (B)   The park and swap lot owner or park and swap lot operator shall notify the town of the presence of any vendor on his or her lot that does not have a current and valid vendor sales permit or special event vendor sales permit.
   (C)   The Fire Department shall have the authority to enforce the International Fire Code as it concerns code violations on any park and swap lot, including vendor’s tents, canopies and temporary structures.
(Prior Code, § 8-1-8)
§ 111.09 REMOVAL OF TEMPORARY STRUCTURES.
   Vendor’s tents, tent frames, canopies, canopy frames and all temporary structures in any park and swap lot must be removed no later than ten days after the vendor has closed his or her business or discontinued use (as defined within § 111.01 of this chapter). It shall be the property owner’s responsibility to remove such temporary facility/structure.
(Prior Code, § 8-1-10) (Ord. 01-12, passed - -2001; Ord. 04-06, passed - -2004) Penalty, see § 111.99
§ 111.10 REVOCABILITY.
   The Town Clerk shall issue a notice of order of revocation, revoking a vendor’s sales permit or special event sales permit issued pursuant to this subchapter if any of the following occur:
   (A)   The permittee is delinquent in payment to the town, county or state for any tax or fees;
   (B)   The vendor or permittee knowingly or intentionally gave false or misleading information in the application materials;
   (C)   The vendor or permittee knowingly or intentionally permitted the possession, use or sale of controlled substances on the premises;
   (D)   The vendor’s permit is not operated in full compliance with the conditions of approval; or
   (E)   Any vendor is found to be out of compliance as stated with state agencies, federal authorities, the county and the town.
(Prior Code, § 8-1-11)
MOBILE FOOD VENDORS
§ 111.25 PURPOSE.
   This subchapter is adopted to protect the health, safety and welfare of the town and its residents by enacting reasonable regulations for mobile food vendors, their employees, agents, lessees or independent contractors by requiring compliance with minimum standards for safety and security.
(Ord. 20-04, passed 1-28-2020)
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