CHAPTER 13: ITINERANT MERCHANTS, PEDDLERS AND VENDORS Section 13.1. Definitions; Compliance Required; Applicability Section 13.2. License Required Section 13.3. License Application Section 13.4. License Fee Section 13.5. Investigation of Application; Issuance ofLicense; Term of Validity; Change ofl Location; Transferability Section 13.6. Posting ofLicense Section 13.8. Exemptions Section 13.9. Revocation ofLicense Section 13.10. Appeals Section 13.11. Violations; Penalties Section 13.7. Safety Vest Required for Certain Activities Section 13.1. Definitions, Compliance! Required; Applicability. (A) Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Peddler means any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not ai resident oft the Town, who engages in thel business of carrying any goods, wares or merchandise from place to place and offering to sell or barter, or actually selling or bartering, such goods or merchandise. Transient merchant, itinerant merchant and itinerant vendor (all such terms referred to in this Chapter as "itinerant merchant"): means any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not a resident of the Town, who engages in ai temporary business ofselling and delivering goods, wares and merchandise within the Town, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, trailer, railroad box car, truck or boat, public room inl hotels, motels, lodging houses, apartments or shops, or any street, alley or other place within the' Town for the exhibition and sale ofs such goods, wares and merchandise, either privately or atj public auction, provided that such definition shall notl be construed to include: (1) Any person selling at a "yard sale" at their residence. (2) Any person, firm or corporation that otherwise meets the requirements ofthis definition, but who is part ofa group oft ten or more: merchants selling at a shopping area or trade show, and is selling at the invitation of the shopping area or trade show, and where such sales activities do not last for aj period oft time longer than seven (7) days. Relieffrom compliance by association. For the purpose oft this Chapter, aj person, firm or corporation engaged in a transient business shall notl be relieved from complying with thej provisions ofthis Chapter merely by reason oftemporarily associating with anyl local dealer, trader, merchant ora auctioneer or by conducting such transient business in connection with, as aj part of, ori in the name ofa any local dealer, trader, merchant or auctioneer. Section 13.2. License Required. Its shall be unlawful for at transient merchant, itinerant merchant, itinerant vendor or peddler to engage in such business within the Town without first obtaininga privilege license in compliance with thej provisions ofthis article. Section 13.3. License Application. All applicants for licenses required by this Chapter shall file an application with the Town Clerk. The application shall contain the following information: (A) A description oft the goods, wares or merchandise for sale. (B) The names of the persons, and any employees or agents, having the management or supervision oft the applicant's business during thet time that it is proposed that such business willl be carried on int the Town; thel local addresses of such persons while engaged in such business; the permanent addresses ofsuch persons; the capacity in which such persons will act, whether as proprietor, agent or otherwise; the name and address oft thej person, firm or corporation for whose account the business will be carried on, ifany and, ifa corporation, the state ofincorporation. (C) Places within the' Town where the applicant proposes to conduct business and thel length oftime during which iti is proposed that such business shalll be conducted, and the provisions the applicant has for access and parking. (D) A description of any vehicle proposed tol be used in thel business, including its (E) Whether or not the applicant, or the individuals identified in (B) above, have been convicted ofa any crime or misdemeanor and, ifs so, the nature of each offense and the penalty registration number. assessed for each offense. (F) Proof oft the property owner's permission to conduct such business. Section 13.4. License Fee. A registration issued: in accordance with this Chapter is good for the 12-month period beginning July 1 and ending. June 30. Before issuing a license under this Chapter, the Town Clerk shall collect a license fee as: set and made a part oft thel Fee Schedule adopted by the Town of Vanceboro Board of Alderman, as amended from time to time. This fee shall notl bej prorated. Notwithstanding the foregoing, the fee shall in no case be more than the maximum permitted by North Carolina law for that particular business or enterprise. The license filed shall not relieve the applicant of paying any other state or local taxes required by law. Section 13.5. Investigation of Application; Issuance ofLicense; Term of Validity; Change ofLocation; Transferability. (A) The Town Clerk shalli investigate all applications within five (5) days from receipt oft the (B) Ifthe applicant satisfies all requirements oft this Chapter, the Town Clerk shall issue a license. A copy of all license applications and] licenses issued shalll be maintained in the office oft the application. Town Clerk. (C) Itinerant merchant licenses willl be valid for the location indicated on the license. Ifthe location changes, the itinerant merchant shall apply for ai new license. (D) The license is not transferable to other persons or locations. Section 13.6. Posting ofLicense. The license issued under this Chapter shalll be conspicuously, posted in the place ofbusiness named on such license. Section 13.7. Safety Vest Required for Certain Activities. A reflective safety vest, supplied by the applicant, shall be required for any individual peddling goods from place to place. Section 13.8. Exemptions. This Chapter shall: not apply to civic clubs located within the county, nor to any bona fide charitable, education, religious, cultural or governmental institution or organization when the proceeds oft the sales are used directly for the charitable purpose oft the institution or organization. Section 13.9. Revocation ofLicense. (A) Licenses issued under the provisions oft this Chapter may be revoked by the Town Clerk ofthe' Town, after notice and hearing, for any oft the following causes: (1) Fraud, misrepresentation or ai false statement contained in the application for the (2) Fraud, misrepresentation or a false statement in the course of carrying on the license; business as peddler or itinerant merchant; (3) Any violation of this Chapter; (4) Convictions ofany crime or misdemeanor: involving moral turpitude; (5) Conducting thel business of peddler ori itinerant merchant in an unlawful manner ori in such ai manner as to constitute a breach oft the peace or a detriment to the health, safety or general welfare oft thej public. (B) Notice oft the hearing for revocation ofal license shall be given in writing, specifically setting forth the grounds of complaint and the time and place of thel hearing. Such: notice shall be mailed, postage prepaid, to thel licensee atl his last known address atl least ten (10) days prior to the date set for the hearing. Section 13.10. Appeals. (A) Any person aggrieved by the action oft the' Town Clerk in the denial of an application for al license, or in the decision with reference to the revocation as provided in section 13.8, shall have the right to appeal to the Town of Vanceboro Board of Alderman. The appeal shall be taken by filing with the Board of Alderman, within 14 days after notice oft the action complained ofhas been mailed to such person's 's last known address, a written statement setting forth the grounds for the appeal. The Board of Alderman shall set the time and place for a hearing, and notice for such hearing shall be given to such person in thes same manner as provided in section 13.8. (B) The order from the' Town ofVanceboro Board of Alderman after thel hearing shall be final. Section 13.11. Violations; Penalties. (A) Criminal remedies. Conducting business within this Town without a valid registration issued in accordance with this Chapter, or without posting a registration in compliance with Section 13.6 oft this Chapter is a 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 of this Chapter.