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§ 112.02 ITINERANT MERCHANTS PROHIBITED.
   (A)   No itinerant merchant shall be permitted to engage in any of the activities described in this chapter at any location within the town or its extraterritorial zoning jurisdiction area.
   (B)   Provided, however, that this section shall not apply to:
      (1)   Itinerant merchants duly authorized by the sponsoring agency of any event, exhibition, or show duly permitted pursuant to the terms of § 112.05(A) of this chapter during such event, exhibition, or show; or
      (2)   Any person licensed and/or approved to sell agricultural or horticultural products, handmade products, art work, or other products within a municipally-operated public market; or
      (3)   Push cart and food truck vendors where allowed by the underlying zoning district or otherwise exempted.
(Ord. passed 3-18-03; Am. Ord. 2010-010, passed 4-20-10; Am. Ord. 2021-O7, passed 7-26-21)
§ 112.03 PEDDLERS AND ITINERANT SALESMEN PROHIBITED.
   (A)   No peddler or itinerant salesman shall be permitted to engage in any of the activities described in this chapter upon any private residence and the premises thereof, unless such peddler or itinerant salesman has been requested or invited to do so by the owner or occupant of the private residence and premises.
   (B)   No peddler or itinerant salesman shall be permitted to engage in any of the activities described in this chapter upon any public park, street, highway, alley, sidewalk, or other public way, or upon any property owned or leased by the town unless otherwise specifically exempted.
   (C)   Violation of this chapter shall be a misdemeanor.
(Ord. passed 3-18-03; Am. Ord. 2021-O7, passed 7-26-21)
Statutory reference:
   Authority to prohibit peddling and soliciting, G.S. 160A-178
§ 112.04 NON-PROFIT AND SERVICE ORGANIZATIONS.
   Recognized non-profit and service organizations are exempt from this chapter.
(Ord. passed 3-18-03; Am. Ord. 2021-O7, passed 7-26-21)
§ 112.05 PEDDLERS AND ITINERANT SALESMEN PROHIBITED: EXCEPTIONS.
   (A)   Peddlers or itinerant salesmen duly authorized by the sponsoring agency of any event or exhibition show under town’s approval;
   (B)   Mobile ice cream vendor with certificate of convenience and necessity issued through the Police Chief or his or her designee following approval by the Board of Commissioners; or
   (C)   Special events or sales conducted by businesses on their property not to exceed three days in duration.
(Ord. passed 3-18-03; Am. Ord. 2021-O7, passed 7-26-21)
Cross-reference:
   Regulations for mobile ice cream vending, see § 112.06
§ 112.06 MOBILE ICE CREAM VENDING REGULATIONS.
   (A)   No person shall operate a mobile ice cream vending business within the town’s regulatory limits unless the person has first applied for and obtained a certificate of convenience and necessity.
   (B)   The application for a certificate of convenience and necessity shall be in a form approved by the Police Chief and the form shall contain at least the following, provided at the applicant’s expense:
      (1)   The full name, physical address and mailing address of applicant.
      (2)   A certified true copy of a complete driving history check (Division of Motor Vehicles “Master Check”) on the applicant and each proposed driver of any mobile ice cream vending van operated by the applicant’s business.
      (3)   Proof of liability insurance coverage on all vehicles to be operated in the business, with coverage limits of at least $500 per person per accident.
      (4)   Legible photocopies of the current year’s North Carolina State Inspection certificate with no discrepancies for each mobile ice cream vending van to be operated under the certificate request of the Police Chief, the applicant shall produce the original of any such inspection certificate for inspection.
      (5)   That the van will have external safety equipment such as:
         (a)   Visible flashing lights from the front and rear of vehicle when stopped.
         (b)   Caution arm that is extended on the traffic side of vehicle when stopped.
         (c)   Signage on vehicle must be readable from at least 50 feet away “watch for children.”
      (6)   The route that the mobile ice cream vendor will be taking while in the town’s jurisdiction.
      (7)   All sales are prohibited within 100 feet of any school property line.
      (8)   The mobile ice cream vendor cannot sale within any business district of the town.
      (9)   Sales shall be conducted during daylight hours.
      (10)   The duration of vendor in an area shall not exceed 60 minutes. An AREA means subdivision, apartment complex or other housing type complexes.
      (11)   All necessary permits and license shall be obtained prior to commencement of any sales.
      (12)   The number of mobile ice cream vending vans to be operated and the condition of such vans and all appurtenances.
      (13)   The Police Chief will also review all application information prior to submittal of application to the Town Manager.
      (14)   Prior to putting a substitute van into operation, such person shall submit an application to substitute a van and shall comply with all provisions of this chapter except the need of Board approval.
      (15)   Any other information required by the Police Chief or the Town Manager deemed reasonably related to the health, welfare and safety of the town’s residents.
(Ord. passed 3-18-03; Am. Ord. 2012-013, passed 9-18-12)
§ 112.07 TOWN MANAGER’S ISSUE OF CERTIFICATE.
   The Town Manager shall review the application for certificate as provided for convenience and necessity. After due consideration of the application, the Town Manager shall determine whether, at the Town Manager’s judgment and discretion, public convenience and necessity require that the application be denied, allowed or allowed in part. The Town Manager shall supply a written certificate to the applicant documenting the Town Manager’s action, if the application is allowed, allowed in part or denied.
(Ord. passed 3-18-03; Am. Ord. 2012-013, passed 9-18-12)
§ 112.08 DURATION OF THE CERTIFICATE.
   A certificate shall constitute a non-exclusive franchise from the town for the operation of the number of mobile ice cream vending vans set out within the town subject to the provisions of this chapter for one year, unless a shorter period of time is specified in the certificate. Application for renewal shall be filed annually prior to the anniversary date of certificate and a hearing conducted as provided in this chapter. Application for renewal shall contain all of the information required for the original application pursuant to § 112.05.
(Ord. passed 3-18-03)
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