CHAPTER 12  BUSINESS REGISTRATION  Section 12.1. Purpose Section 12.2. Definitions  Section 12.3. Construction ofthis Chapter Section 12.4. Requirement for Registration Section 12.5. Period ofRegistration; Due Date Section 12.6. Separate Businesses Section 12.7. Exemptions Section 12.8. Registration of Application Section 12.9. Reasons for Refusal or Revocation ofal Registration Section 12.10. Qualified. Agents; Right to a Conference  Section 12.11. Administrator to Issue Registration,Payment of] Registration Fee Prerequisite  Section 12.12. Registration Fee Section 12.13. Revocation Section 12.15. Assignments  Section 12.14. Form and Contents of Registration Section 12.16. Changes in the Business Conducted During the Year Section 12.17. Administrator tol Furnish Duplicates Section 12.18. Records of Conterences Section 12.19. Providing Notice to an. Agent or. Person Section 12.20. Duty to Determine Whether Registration: is Required Section 12.21. Administrator to Investigate Section 12.22. Duty to Permit Inspection Section 12.23. Duty to Post Registration Section 12.24. Enforcement of Ordinance  Section 12.25. Appeal  Section 12.1.  Purpose.  Thej purpose of this Chapter is toi require businesses and occupations located within the Town limits to obtain an annual certificate from the Town of Vanceboro sO that the following public purposes may be accomplished: ensuring compliance with zoning and land use regulations; enabling the public safety to be aware ofbuildings being used ford commercial; purposes SO as to assist inj fire protection; identifying businesses that should bel listing property, for taxation; protecting the public) from scam artists and con men; and any other lawful purpose related toi the exercise ofthe Town'sg general police power, and the public  health, welfare and: safèty. Section 12.2.  Definitions.  For the purpose oft this Chapter, the following definitions shall apply unless the context  clearly indicates or requires a different meaning:    ADMINISTRATOR means the individual designated by the Town Clerk to operate the  Business Registration Program required by this Chapter.  AGENTis ani individual acting on behalfof"Person," as defined herein.  BUSINESSincludes each trade, occupation, profession, business and franchise subject to  registration under this Chapter.  TOWNmeans the Town of Vanceboro.  PERSONincludes any individual, trustee, executor, other fiduciary, corporation, unincorporated association, partnership, sole proprietorship, limited liability company, company,  firm, or other legal entity.  A business is SEASONAL in nature when it is conducted forj profit six months out ofthe year  orl less. Section 12.3.  Construction oft this Chapter.  This Chapter is enacted for regulation purposes only. In addition, issuance ofai registration in accordance with this Chapter does not excuse aj person from compliance with any other applicable Ordinance or statute. This Chapter does not prevent the Town from requiring registration for  additional businesses. Section 12.4.  Requirement for Registration.  Unless exempt as described in Section 12.7 ofthis Chapter, each person who conducts a business within this Town is subject to this Chapter. One conducts a business "within the Town"if one maintains al business location within the Town; or if, either personally or through agents, (1) solicits business within the' Town limits or (2): picks up or delivers goods or services within the Town  limits. Section 12.5.  Period of] Registration; Due date.  (A) Annual registrations. Unless the: section ofthis Chapter applicable to aj particular business provides otherwise, a registration issued in accordance with this Chapter is good for the 12-month  period beginning July 1 and ending June 30.  (B). Registrations) for periods shorter: than one (1) year. Ifthe section oft this Chapter applicable to aj particular business sO provides, ai registration may bei issued for aj period of one (1) day, one (1) week, or some comparable period ofl less than a full: registration year, however, the fee will not be prorated. A person may not commence to conduct al business within the Town until the business registration is obtained and may not continue such al business beyond the period for which the  registration is issued.    Section 12.6.  Separate Businesses.  A separate registration is required for each place of business unless two or more places of business under common ownership are contiguous to each other, communicate directly with and  open into each other, and are operated as a unit.  Section 12.7.  Exemptions.  Thej provisions oft this Chapter shall apply to all businesses within the Town of Vanceboro municipal jurisdiction unless specifically exempted or excluded from registering by this Ordinance,  by the laws ofNorth Carolina or by thel laws oft the United States.  Section 12.8.  Registration Application.  Aj person shall apply to the. Administrator for each registration required by this Chapter before commencing business. The application, which shall be submitted on forms provided by the  Town of Vanceboro Administrator, shall contain:  (A) The: name oft the owner, and if applicable, the agent for thel business; and a complete statement as to whether the agent is an individual, aj partnership, a corporation, or some other entity.  (B) The nature oft the business.  (C) The physical location of where the business is conducted.  (D) An address where notices and statements may be mailed to as required by this Chapter. (E) Whether thel business is regulated by a state occupational licensing board subject to NCGS Chapter 93B, and ifs so, the serial number oft the state registration the business or the agent for  the business currently holds.  (F) Any other information the Administrator determines to be necessary to issue the The application shall be accompanied with thej payment ofa registration fee, which is described in Section 12.12. In compliance with statel law, this fee shall not exceed the cost to the Town of the administrative process ofthe production and issuance oft the registration, or to  registration, or otherwise: regulate the business appropriately.  otherwise monitor the business.  Section 12.9.  Reasons for Refusal or Revocation ofa Registration.  The. Administrator shall: refuse toi issue ai registration or may revoke a registration for either  oft the following reasons:    (A) The owner or agent misrepresents a fact relevant to his or her qualifications fora (B) The owner or agent refuses toj provide necessary information, as determined by the  registration.  Administrator in his or her discretion.  Section 12.10.  Unqualified Agents; Right to a Conference.  After receipt of the completed application, ift the. Administrator believes that ai reason exists for refusing a registration under Section 12.9ofthis Chapter, the Administrator shall noti issue the registration. At the agent'srequest, the Administrator shall in accordance with Section 12.9 ofthis Chapter, give the owner or agent a written statement oft the reason for refusing the registration. The owner or agent may, within ten (10) days after the day the statement: is: received, request a conference to discuss the refusal. In the request, the owner or agent shall specify why the application for a: registration should notl be refused. The. Administrator shall arrange the conference  within three (3) business days ofr receiving the request.  Ifthe. Administrator refuses toi issue ai registration, the owner or agent may reapply fora registration at any time thereafter. Ifther reason for which the application was refused no longer exists, and ifi no other reason exists for refusing toi issue ai registration, the Administrator shall issue  the: registration in compliance with Section 12.11 ofthis Chapter.  Section 12.11.  Adminstrator to Issue Registration; Payment of] Registratiaon Feea  Prerequisite.  After receipt oft the completed application and payment oft the registration fee, ifthe Administrator believes that noi reason exists for refusal ofai registration under Section 12.9 oft this  Chapter, the. Administrator shall issue the registration.  Section 12.12.  Registration Fee.  The fee required ofe every owner or agent for any business conducted or engaged in within the Town as required by this Chapter shall be set and made aj part oft the Fee Schedule adopted by the Town ofVanceboro Board of Alderman, as amended from time to time. Notwithstanding the foregoing, the fee shall ini no case be more than the maximum permitted by North Carolina law for  that particular business or enterprise.  Section 12.13.  Revocation.  The Administrator may: revoke a registration ifa reason exists to revoke it as set forth in Section 12.9 ofthis Chapter. Before revoking a registration, the Administrator shall give the person written notice oft the grounds for revocation, in accordance with Section 12.19 oft this Chapter. The person may, within ten (10) days after the day on which notice is mailed, request a conference with    the. Administrator in writing. The request shall specify the reasons why the registration should not be revoked. The. Administrator shall arrange the conference within three (3) business days of  receiving the request.  Ifthe person fails to: request a conference within ten (10) days after the day on which notice isn mailed, the. Administrator shall: revoke the registration. Ifthej person requests a conference, the  Administrator may not revoke the registration until after the conference.  Ifthe Administrator revokes ai registration, the person whose registration has been revoked may apply for a new: registration at any time thereafter. Ifthe: reason for which the registration was revoked no. longer exists and ifr no other reason exists for refusing to issue a registration, the Administrator shall issue the registration in accordance with Section 12.11 ofthis Chapter.  Section 12.14.  Form and Contents ofl Registration.  A registration shall show the name oft the person, and any agent who may act on the person's behalf, the place where the business is conducted (ifiti ist tol be conducted at one place), the nature of thel business and the period for which the registration isi issued. The Administrator shall keep an  exact copy ofe each registration issued.  Section 12.15.  Assignments.  A registration may be assigned if(1) al business under this Chapter and carried on at a fixed place is sold as a unit to any person and (2) the purchaser is to continue the same business at the same place. Such a change shall be reported to the. Administrator: in accordance with Section 12.16 ofthis Chapter. Otherwise, each registration issued under this Chapter is a separate registration and  is not assignable. Section 12.16.  Changes in the Business Conducted. During the Year.  Aj person or an assignee shall report any change in thei information contained ini the registration application to the. Administrator within ten (10) days after the change occurs. If information shown on the registration itselfi is affected, the person or assignee shall surrender the  registration to the Administrator when reporting the change.  (A). Feeforc change. Ifthe change does not result in a separate registration: fee, the Administrator shall reissue a registration reflecting the change upon payment ofaj processing fee of  $5.00.  (B) Change requiring refusal ofa registration. Ifthe change creates ai reason for revoking the registration under Section 12.9 of this Chapter, the Administrator shall refuse to: reissue a registration and shall instead begin proceedings to revoke the registration in accordance with Section  12.13 oft this Chapter.    Section 12.17.  Administrator to Furnish Duplicates.  Upon satisfactory proof that ai registration has been lost or destroyed, the Administrator shall  furnish a duplicate for aj processing fee of$5.00.  Section 12.18.  Record of Conferences.  The. Administrator shall maintain for three (3): years a record ofe each conference held in accordance with this Chapter. The record shall contain the agent's and person's name, the date of the conference, and al brief statement oft the issues discussed and the result reached. After three (3) years, the Administrator may dispose oft the record in accordance with NCGS 121-5.  Section 12.19.  Providing Notice to an. Agent or Person.  Whenever this Chapter requires the Administrator to give a written statement ofnotice to an  agent or person, the. Administrator may do sO in one of three ways:  (A) By personally delivering the statement or notice to the agent or person;  (B) By mailing the statement or notice by First Class Mail to the address on the application; (C) By causing the statement or notice to be served on the agent or person in accordance with the procedures for service of process under Rule 4, North Carolina Rules of Civil Procedure.  or  Section 12.20.  Duty to Determine Whether Registration is Required.  Each person or his/her designated agent has the duty to determine whether the business he or she conducts is required to be registered under this Chapter, and ifso, whether that registration  has been obtained. Section 12.21.  Administrator to Investigate.  Ifthe. Administrator has reason to believe that aj person is conducting al business in the' Town in violation ofthis Chapter, the Administrator shall conduct an investigation to determine the status  ofthe business. Section 12.22.  Duty to Permit Inspection.  Each person who conducts al business, as defined in Section 12.4, in the' Town shall permit the. Administrator to inspect thel business premises during normal business hours to determine the  nature of thel business conducted there.  Section 12.23.  Duty to. Post Registration.    Al business shall post the registration or registrations conspicuously in thej place oft business registered. Ifthej person has a regular place ofbusiness, the: registration mustl be kept where it may  bei inspected at all times by thej proper Town officials.  Section 12.24.  Enforcement of Ordinance.  (A) Criminal remedies. Conducting business within this Town without a valid: registration issued: in accordance with this Chapter, or without posting ai registration in compliance with Section 12.23 oft this Chapter is ai misdemeanor, punishable as provided in NCGS 14-4. Each day that a  person conducts business in violation oft this Chapter is a separate offense.  (B). Equitable remedies. In addition to the criminal remedies set for the: in subsection (A) of this section and in compliance with NCGS 160A-175(d), the' Town may seek an injunction against  any person who conducts al business in violation oft this Chapter.  Section 12.25.  Appeal.  Any agent/person refused or denied a registration under this Ordinance may appeal to the Town Clerk for review ofs such: refusal or denial. Such appeal shall be in writing, and shall be delivered to the Town Clerk within 30 days after notice ofsuch refusal or denial has been sent or  otherwise delivered to the: agent/person.