(A) No itinerant merchant, peddler and/or salesman shall operate in the town without first obtaining a permit under this chapter from the Town of Zebulon Planning Department.
(B) Every application for permit under this chapter shall be reviewed with a final determination being issued within two business days of the submittal, unless there are any unforeseen circumstances or extenuating circumstances.
(C) This chapter shall not apply to:
(1) A peddler or itinerant merchant who sells only one or more of the following types of merchandise:
(a) Farm or nursery products produced by the merchant;
(b) Crafts or goods made by the merchant;
(c) The merchant’s own household personal property;
(d) Printed material;
(e) Wood for fuel; or
(f) Ice, seafood, meat, poultry, livestock, eggs, dairy products, bread, cakes, or pies;
(2) A peddler or itinerant merchant who is an authorized automobile dealer licensed pursuant to the North Carolina General Statutes;
(3) A peddler or itinerant merchant who is a nonprofit charitable, educational, religious, scientific, or civic organization operating under the laws of the State of North Carolina and the Unified States of America; or
(4) Any additional exemptions as authorized bv the North Carolina General Statutes.
(D) Every application for permit under this chapter shall be made under oath and shall contain or be accompanied by the following information or material:
(1) A state issued identification card;
(2) The applicant’s physical description, full name, date of birth, social security number, full address, a description of the product or service that he or she is offering for sale and the name, address and telephone number of the product vendor;
(3) The name address and telephone number of the individual having management or supervisory authority over the applicant’s business, and if a corporation, the name and registered agent of the corporation and the address of the registered office of the corporation, as filed with the Secretary of State;
(4) A complete statement of all convictions, arrest, or pending charges of any person whose name is required to be given in subsection (B)(2) of this section for any felony or any crime involving fraud, theft, or the receiving or possession of stolen goods;
(5) If a vehicle is to be used, complete description of the vehicle including make, model, year, color, and registration plate number; and
(6) Submission of fingerprints by the applicant.
(E) Prior to the issuance of a permit, the Zebulon Police Department will conduct a background check on the applicant.
(1) The Police Chief, or his or her designee, will conduct a search of the applicants criminal history utilizing departmental approved information databases.
(2) The criminal records check will be conducted to verify the applicant’s qualifications, pursuant to the conditions of this article, for issuance of the requested permit.
(3) The results of the criminal background check will be reviewed by the Zebulon Police Chief and recommendations for permit issuance will be forwarded to the Zebulon Planning Department.
(4) Upon approval of the applicant’s permit, the Police Department will then photograph and fingerprint the applicants.
(5) Evidence that the applicant has been involved in one or more of the following shall constitute valid reasons for disapproval of the application: conviction or currently pending charges of any felony or serious misdemeanor, or conviction of a misdemeanor carrying a penalty of imprisonment of not less than 90 days; or any crime involving moral turpitude; or willfully presenting a fraudulent application for permit, or any tangible evidence that the applicant’s business will pose a substantial threat to the public health, safety, morals, or general welfare.
(6) No permit will be approved or denied until the verification process has been completed.
(F) Upon issuance of this permit, the permit shall designate the date and hour of issue and expiration. The maximum duration of a permit shall be for a period of 90 days from the date of issuance.
(G) The holder of the permit shall first present such permit to any person before attempting to offer an article for sale to such person.
(H) Hours for door-to-door sales are restricted to the hours of 9:00 a.m. to 7:00 p.m. Monday through Sunday.
(I) The Planning Director or his or her designee has the authority to deny or revoke a permit for just cause under this section.
(1) A permit shall not be issued:
(a) To any person who has been convicted or has pending charges of any felony, or serious misdemeanor, or conviction of a misdemeanor carrying a penalty of imprisonment of not less than 90 days; or any crime involving moral turpitude; willfully presents a fraudulent application for permit, or any tangible evidence that the applicant’s business will pose a substantial threat to the public health, safety, morals, or general welfare;
(b) To any person previously denied or having had a permit revoked pursuant to this chapter; or
(c) For other lawful reasons consistent with North Carolina law justifying the denial of a permit.
(2) A permit may be revoked if it is determined that:
(a) The holder of the permit violates any provision of this chapter;
(b) The holder would no longer qualify for the issuance of a permit; or
(c) The holder of this permit conducts business in a manner constituting a public nuisance, a breach of the peace, or an offense against private property rights.
(3) At the applicant’s request, the Planning Director shall give a written statement of reason for refusing or revoking a permit. The applicant may, within ten days after the day he or she receives this statement, request a hearing to discuss the refusal or revocation. In the applicant’s request, they shall specify why the application should not be refused or revoked. The Planning Director shall arrange a hearing within a reasonable amount of time, but no later than ten business days after the request for a hearing is received. The determination of the Planning Director, after a hearing, is final and may not be appealed.
(Ord. 2014-07, passed 8-6-2013)