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It shall be unlawful for any person, firm, entity or corporation to go in or upon or permit his or her representative to go in or upon any public property, private residence or premises in the town as a solicitor, beggar, peddler, itinerant merchant or transient/mobile vendor of merchandise not having been requested or invited so to do by the occupants of such private residence or having secured their permission so to do for the purpose of soliciting orders for the sale of goods, wares, periodicals or merchandise or for the purpose of distributing, disposing of, or peddling such goods, wares, periodicals or merchandise or in a public place or on property exposed to the public view to sell or offer to sell goods, merchandise or services, except as provided herein.
(Ord. passed 6-11-2020) Penalty, see § 116.99
It shall be lawful for a person, firm, corporation or entity to engage in the sale of any goods as an itinerant merchant or peddler within the town limits when the following requirements are met:
(A) Locally-grown, crafted, prepared and/or produced goods are allowed by permit in commercial or business zoned districts;
(B) Sidewalk sales or outdoor sales conducted on the same premises by merchants operating from a fixed business location in a building or structure;
(C) Short-term fundraising activities of not-for-profit organizations;
(D) Yard sales or garage sales conducted on the premises of the owner or resident; provided, they are otherwise in compliance with town ordinances;
(E) Flea markets; provided, they are otherwise in compliance with town ordinances; and
(F) Town-sponsored festivals, fairs and events.
(Ord. passed 6-11-2020)
(A) Any person, firm, corporation or entity desiring to engage in the sale of locally grown, crafted, prepared and/or produced goods in a commercial or business zoned district must file with the Town Hall an application to do so. The application must include the following:
(1) The name, current address and place of residence of the applicant;
(2) A written and signed letter or rental agreement from the owner of the property stating that such itinerant merchant or peddler is allowed to sale goods and/or merchandise on said owner’s property;
(3) The address and nature of business of the employer or principal, if any;
(4) Specific detail regarding the goods or other merchandise to be offered for sale, to include the North or South Carolina county of origin of the items;
(5) Provide a valid North Carolina sales and use tax number;
(6) Proposed location, times and duration of sales; and
(7) The type of temporary structure, if any, that will be erected for the sale of such goods or merchandise.
(B) The applicant shall also furnish, at the time of the filing of the application, a valid government issued photo identification card and a permit fee in the amount of $50.
(C) Town personnel shall promptly review the application submitted by the applicant. Within seven days of the application being submitted, town personnel shall render a decision regarding the application and either issue the permit or mail a notice of denial for reasons stated in this section. Notice of denial of the permit shall be sent by certified mail, return receipt requested, to the address contained in the application and shall state the reasons for the denial.
(D) The town shall deny the permit and identification card required by this section under the following conditions:
(1) The applicant previously was refused a permit under the provisions of this section; provided, however, any applicant denied a permit under the provisions of this section may reapply if and when the reason for denial no longer exists;
(2) The applicant made any false or misleading statement in the application; or
(3) If there is a violation of any section of this chapter.
(Ord. passed 6-11-2020)
Each peddler, itinerant merchant or mobile vendor shall retain in his or her possession the permit and identification card issued by the town at all times; when engaged in the business of peddling, he or she must produce and show the identification card to any police officer or official of the town when demanded. No person issued a permit or an identification card shall alter, remove or obliterate any entry made thereon, nor deface such permit or identification card in any way. Each permit and identification card shall be personal and not assignable or transferable, nor shall any permit or identification card be used by any person other than the person to whom it was issued.
(Ord. passed 6-11-2020) Penalty, see § 116.99
(A) A permit issued under this chapter may be suspended or revoked by the town for any of the following causes:
(1) Fraud, misrepresentation or false statements contained in the application for a permit;
(2) Fraud, misrepresentation or false statements made in the course of carrying on his or her business as a peddler, itinerant merchant or mobile vendor;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(B) This section shall be self-executing, and the suspension or revocation shall be effective immediately. The town shall give notice of the suspension or revocation of a permit, and sufficient notice shall be given if mailed or delivered to the permittee at his or her last known local address by certified mail, return receipt requested.
(Ord. passed 6-11-2020)
Any permit issued hereunder shall expire 30 days after its issuance; provided that, such permit may be renewed for two additional 30-day periods for a total of 90 days at the discretion of the town; provided that, all conditions for issuance of the original permit are met and the applicant pays a renewal fee in amount of $25 for each 30-day renewal period.
(Ord. passed 6-11-2020)
In the event that any person desires to appeal any order, revocation or ruling of the town staff, the Chief of Police, or any designee made under the provisions of this section, such aggrieved person shall file written notice of such appeal with the Town Manager, whose decision shall be final. The Town Manager shall render a final decision within seven days of receipt of such appeal.
(Ord. passed 6-11-2020)
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