CHAPTER 8 -
TRADES AND BUSINESSES
Subchapter I - Privilege License Tax
Article I - Definitions and Construction
Section 8-1 Definitions........................................................................................................
Section 8-2 Construction of this Subchapter.......................................................................
Article II - Levy of Tax
Section 8-3 License and Payment of Tax Required..............................................................
Section 8-4 Exemptions........................................................................................................
Section 8-5 Schedule of License Taxes................................................................................
Article III - Licenses
Section 8-8 Period of License..............................................................................................
Section 8-9 Application.......................................................................................................
Section 8-10 Separate Businesses, Multiple Businesses.......................................................
Section 8-11 Reasons for Refusal or Revocation of a License.............................................
Section 8-12 Unqualified Applicant; Right to a Conference................................................
Section 8-13 Tax Collector to Issue License; Payment of Tax a Prerequisite.......................
Section 8-14 Amount of Tax Disputed..................................................................................
Section 8-15 Revocation......................................................................................................
Section 8-16 Form and Contents of License........................................................................
Section 8-17 Assignments....................................................................................................
Section 8-18 Changes in Business Conducted by Licensee During Tax Year.......................
Section 8-19 Tax Collector to Furnish Duplicates...............................................................
Section 8-20 Record of Conferences...................................................................................
Section 8-21 Providing Notice to an Applicant or Licensee.................................................
Section 8-22 Special Provisions for Beer and Wine Licenses..............................................
Article IV - Enforcement and Collections
Section 8-26 Duty to Determine Whether Tax Due...............................................................
Section 8-27 Duty to Post License.......................................................................................
Section 8-28 Notice of Deficiency.......................................................................................
Section 8-29 Request for a Conference...............................................................................
Section 8-30 Deficiency to Become Final............................................................................
Section 8-31 Conference Held.............................................................................................
Section 8-32 Collection of Deficiency.................................................................................
Section 8-33 Appeals...........................................................................................................
Section 8-34 Enforcement of Chapter..................................................................................
Subchapter II -
Regulation and Licensing of Businesses
Article V - Taxicabs
Section 8-40 Privilege License Required.............................................................................
Section 8-41 Criteria for Privilege License..........................................................................
Section 8-42 Operator's Permit............................................................................................
Section 8-43 Taxicabs to Display Required Information......................................................
Article VI - Peddlers, Etc.
Section 8-46 Definitions......................................................................................................
Section 8-47 Commercial Solicitation Permit Required........................................................
Section 8-48 Application Requirements; Grounds for Denial..............................................
Section 8-49 No Itinerant Merchants, Peddling or Soliciting in Central Business...............
Article VII - Penalties and Remedies
Section 8-52 Penalties and Remedies...................................................................................
(A) Unless
otherwise specifically provided, or unless clearly required by the context, the
words and phrases defined below shall have the meaning indicated when used in
this subchapter:
(1) "Business" includes
any trade, occupation, profession or other activity engaged in by any person or
caused to be engaged in by him with the object of gain, profit, benefit, or
advantage, either direct or indirect, except that the term business does not
include occasional and isolate sales or transactions by a person who does not
hold himself out as engaged in business.
(2) A person "conducts a business"
when he engages in one act of any business.
(3) A person conducts a business "within
the town" when he maintains a business location within the town or
when, either personally or through agents, he: (i)
solicits business within the town; or (ii) picks up or delivers goods or
services within the town.
This subchapter is enacted primarily for revenue
purposes, and therefore it should be construed to require payment of the
maximum tax permitted by its terms. A
secondary purpose of this subchapter is to prevent the operation of covered
businesses until the person applying for the license has complied with certain
town ordinances. Issuance of a license
pursuant to this subchapter does not excuse the licensee from compliance with
any other applicable ordinance or statute.
This subchapter does not prevent the town from increasing or decreasing
the amount of any license tax or from regulating any business taxed.
Subject to Section 8-4, no person may conduct any
business within the town without having paid the tax required by this
subchapter or without a valid privilege license issued pursuant to this
subchapter.
(A) If an
individual conducts a business as a partner in a partnership or as an officer
or employee of a corporation or as an employee or member of any other business
entity, that individual is not required to obtain a privilege license or pay a
privilege license. However, the
partnership, corporation, or other business entity must obtain the license and
pay the tax unless exempted by this section.
(B) Owners of
real property who lease that property need not obtain a privilege license or
pay a privilege license tax solely for acting as lessor
of that property.
(C) A person
who operates a business for a religious, educational, civic, patriotic,
charitable, or fraternal purpose, is exempt from
obtaining a privilege license or paying a privilege license tax.
(D) Blind
persons and persons who serve in the United States Armed Forces or the Merchant
Marine are exempt from obtaining a privilege license or paying any privilege
license tax levied by this chapter to the extent provided by G.S. 105-249 and
G.S. 105-249.1.
(E) Persons
who solicit business or pick up or deliver goods or services within the town are
not required to obtain a privilege license or pay a privilege license tax if
business is solicited primarily from or goods or services are delivered
primarily to businesses that themselves pay a privilege license tax to the
town.
(F) The
following businesses are exempt from obtaining a privilege license or paying a
privilege license tax as provided by the indicated section of the General
Statutes. A more complete and detailed
description of the exempt businesses is contained in the cited sections of the
General Statutes.
|
General Statute |
Business |
|
105-36 |
Amusements - manufacturing, selling,
leasing or distributing moving picture films or checking attendance at
moving picture shows. |
|
105-41 |
Attorneys,
physicians, land surveyors, engineers, architects, photographers, real estate
brokers, accountants, morticians, and similar professionals. |
|
General Statute |
Business |
|
105-42 |
Private
protective services. |
|
105-51 |
Dealers in
cash registers, adding machines, typewriters, refrigerators, washing
machines, and similar office equipment and home appliances. |
|
105-57 |
Persons
engaged in the business of reporting the financial standing of persons,
firms, and corporations. |
|
105-65 |
Persons
operating, maintaining, or placing location music machines. |
|
105-65.1 |
Operators or
distributors of merchandise dispensing machines. |
|
105-83 |
Installment
paper dealers. |
|
105-99 |
Wholesale
distributors of motor fuels. |
|
105-102.1 |
Certain
cooperative associations. |
|
105-102.3 |
Banks. |
|
105-113.5(a) |
Soft drink
manufacturers and bottlers. |
|
105-115 |
Railroads. |
|
105-116 |
Utility
companies (electrical power, gas, water, and sewer). |
|
105-120 |
Telephone
companies. |
|
105-120.1 |
Bus
companies. |
|
105-228.10 |
Insurance
companies and associations. |
|
105-228.25 |
Building and
loan associations. |
(A) Except as
otherwise provided in this section, all persons who conduct a business within
the town shall pay a privilege license tax of twenty-five dollars.
(B) Persons
engaged exclusively in one or more businesses listed in Schedule B of Chapter
105 of the General Statutes [other than those businesses specified in
subsection (C)] shall pay a privilege license tax equal to the sum of the
maximum tax that the town may charge under Schedule B for each such business
engaged in, or twenty-five dollars, whichever is less. Persons engaged in one or more businesses
listed in Schedule B [other that those specified in subsection (C)] as well as
some other non-listed businesses shall pay a privilege tax of twenty-five
dollars.
(C) Persons
engaged exclusively in one or more of the following businesses shall pay the
maximum amount of privilege license tax authorized by the cited statute. If a person is engaged in more than one of
the following businesses, he shall pay an amount equal to the sum of the
maximum tax that the town may charge for each such business engaged in.
|
General Statutes |
Business |
|
105-53 |
Itinerant merchants and salesman - Every itinerant
salesman or merchant selling goods, wares, or merchandise, either on the
streets or in a building, not being a regular merchant of a municipality; and
every operator of a flea market at which any itinerant merchants and salesmen
expose for sale any goods, wares, or merchandise. Per Year
$100.00 No itinerant salesman or merchant shall be
required to procure or pay for a separate license under this section to offer
merchandise for sale only at a flea market already licensed. Any salesman or merchant offering for sale goods,
wares or merchandise, other than fruits and farm products, shall be deemed an
itinerant within the meaning of this section, if he conducts business within
a municipality for less than six consecutive months. When any salesman or merchant does not pay
the tax herein levied due to a stated intention to become a regular merchant,
the municipal tax collector may require him to post a cash deposit in the sum
of one-hundred dollars ($100.00), which bond shall be forfeited for the
payment of the tax herein levied in the event such person discontinues the
business within six months for any reason other than death, disability,
insolvency, or destruction of stock by fire or other catastrophe. This tax shall not apply to persons who sell
books, periodicals, printed music, ice, wood for fuel, fish, beef, mutton,
pork, bread, cakes, pies, dairy products, poultry, eggs, livestock or
articles produced by the individual offering them for sale, but shall apply
to medicines, drugs or articles assembled. |
|
105-53 |
Peddlers - Any person who shall carry from place to
place any goods, wares, or merchandise and sell or barter the same, shall be
deemed a peddler, except wholesale dealers with established warehouses
selling only to merchants for resale. Per
Year Peddlers on foot
$10.00 Peddlers with horse or other animal, and
with or without vehicle $15.00 Peddlers with vehicle propelled by
motion or other power, for each vehicle
$200.00 Peddlers with vehicle of one-half ton
capacity or less $25.00 Peddlers selling fruits, vegetables, or
products of the farm $12.50 No municipality may issue any license to a peddler
in the above category unless such person has first acquired a state license. Any
person, firm or corporation which sells or offers for sale from any railway car fresh
fruits or vegetables $25.00 This section is not applicable to the sale of
books, periodicals, printed music, ice, wood for fuel, fish, beef, mutton,
pork, bread, cakes, pies, dairy products, poultry, eggs, livestock or other
articles produced by the vendor offering them for sale, but shall apply to
medicines, drugs or articles assembled. |
|
105-61 |
Hotels, motels, tourist courts and tourist homes - Every person, firm or
corporation engaged in the business of operating a hotel, motel, tourist
court or tourist home. Per Year, per room
$1.00 There is a minimum tax under this section of five
dollars ($5.00). |
|
105-62 |
Restaurants, cafes and cafeterias - Restaurants with less
than five seats shall pay $25.00 to the Town as an annual Privilege License
Fee and that restaurants with five or more seats shall pay to the Town an
annual Privilege License Fee of $42.50 effective on July 1, 1991. |
|
105-113.73 |
Wine and beer - Wholesale dealers. Beer, per year
$37.50 Wine, per year
$37.50 Both wine and beer under the same
license $62.50 |
|
105-113.79 |
Wine and beer. On-premises malt beverage $15.00 Off-premises malt beverage
$ 5.00 On-premises unfortified wine
$15.00 Off-premises unfortified wine $10.00 The annual
license stated above is the fee for the first license issued to a
person. The fee for each additional
license issued to that person for the same year is ten percent of the base
license fee, that increase to apply progressively
for each additional license. |
(D) Persons engaged in one or more of the businesses listed in subsection
(C) as well as other businesses shall pay a privilege license tax equal to the
amount that would be owed under subsection (C) if only businesses listed
therein were engaged in, or twenty-five dollars, whichever is greater.
Section 8-6 and 8-7 Reserved.
(A) Unless
otherwise provided in Section 8-5, a license issued pursuant to this subchapter
is valid for that twelve-month period beginning July 1st and ending June
30th. The tax is due July 1st of each
year. However, if a person begins
business after July 1st in any year, the tax for that year is due before the
business is begun.
(B) If,
pursuant to Section 8-5, a license is issued for a period of one day, one week,
or some comparable period of less than a full licensed year, the licensee may
not continue the business beyond the period for which the license is
issued. The tax on such a business is
due not later than the day prior to commencement of the business.
(C) If for
any reason a licensee discontinues his business during a license year, he is not entitled to a refund.
(A) Subject
to subsection (B), an applicant for an annual license shall apply to the tax
collector for the license at least thirty days before the tax is due. With respect to licenses issued for one day,
one week, or some similar period less than one year, application shall be made
at least ten days before the tax is due.
These time limitations may be waived by the tax collector for good cause
shown.
(B) With
respect to businesses that have obtained privilege licenses in prior years, the
tax collector may waive the requirement that an application be submitted and
may send such businesses a notice of the amount of tax due for the forthcoming
year. However, the tax collector may
require that a full application be submitted in any subsequent year by
providing timely notice to the applicant.
(C) The tax
collector may require that the application be submitted on forms provided by
the tax collector. The application shall
contain:
(1) The name of the applicant and whether he or
it is an individual, partnership, corporation or some other entity.
(2) The nature of the business, including the
duration the business intends to operate.
(3) Where the business is conducted.
(4) An address to which may be mailed notices and
statements required by this chapter.
(5) Whether the business is one regulated by a
state occupational licensing board subject to G.S. Chapter 93B, and if so, the
serial numbers of the state licenses held by all those who are part of the
applicant's business.
(6) Any other information the tax collector
determines to be necessary to issue the privilege license in accordance with
this subchapter.
(A) A
separate license is required and a separate tax must be paid for each separate
place of business operated by the same person.
(B) If two or
more separate taxable businesses are operated at the same location by the same
owner, the tax collector may issue one privilege license upon the payment of
the total amount of taxes due for all the businesses.
(A) The tax
collector shall refuse to issue a license or shall revoke a license for any of
the following reasons:
(1) The applicant misrepresents a fact relevant
to the amount of tax due or his qualifications for a license.
(2) The applicant refuses to provide information
necessary to compute the amount of tax due.
(3) The applicant has not obtained a certificate
of occupancy when required to do so by local ordinance.
(4) The administrator charged with the
enforcement of the following codes or ordinances has certified to the tax
collector that the applicant has been found to be in violation of the law
enforced by the administrator and has either failed to appeal that
determination within the time provided or has exhausted all administrative and
judicial appeals: North Carolina State Building Code, Land Use Ordinance,
Chapter 11 or 12 of the Town Code.
(A) After
receipt of the completed application, if the tax collector believes that a
reason exists for refusing a license under Section 8-11, he shall refuse to
accept payment of the tax and shall not issue the license. At the applicant's request, the tax collector
shall, pursuant to Section 8-21, give him a written statement of the reason for
refusing the license. The applicant may,
within ten days after the day he receives this statement, request a conference
to discuss the refusal. In his request
he shall specify why his application for a license should not be refused. The tax collector shall arrange the
conference within a reasonable time, not to exceed thirty days.
(B) If the
tax collector refuses to issue a license, the applicant may reapply for a
license at any time thereafter. If the
reason for which the application was refused no longer exists, and if no other
reason exists for refusing to issue a license, the tax collector shall issue
the license pursuant to Section 8-13.
After receipt of the completed application, if the
tax collector believes that no reason exists for refusal of a license under
Section 8-11, he shall determine the amount of tax due and notify the applicant
of that amount. The tax collector shall
not issue a license until the tax is paid.
If the applicant disputes the amount the tax
collector determines to be due, he may either refuse to pay the tax and request
a conference with the tax collector to discuss the determination, or pay the
amount and request a conference to discuss his right for a refund. If a conference is requested, the tax
collector shall arrange it in a reasonable time, not to exceed thirty days.
(A) The tax
collector shall revoke a license if a reason exists to revoke it as set forth
in Section 8-11. Before the tax
collector may revoke a license, he shall give the licensee written notice of
the grounds for revocation, pursuant to Section 8-21. The licensee may, within ten days after the
day on which the notice is served, request in writing a conference with the tax
collector. The request shall specify the
reasons why the license should not be revoked.
The tax collector shall arrange the conference within a reasonable time,
not to exceed thirty days.
(B) If the
licensee fails to request a conference within ten days after the day on which
notice is served, the tax collector shall revoke the license. If the licensee requests a conference, the
tax collector may not revoke the license until after the conference.
(C) If the
tax collector revokes a license, the former licensee may apply for a new
license at any time thereafter. If the
reason for which the license was revoked no longer exists, and if no other
reason exists for refusing to issue a license, the tax collector shall issue
the license pursuant to Section 8-13.
A license shall show the name of the person
licensed, the place where the business is conducted (if it is to be conducted
at one place), the nature of business licensed, the period for which the
license is issued, and the amount of tax paid.
In addition if a machine is licensed, the license shall show the serial
number of the machine. The tax collector
shall keep a copy of each license issued.
Every license issued under this subchapter shall be
a personal privilege and shall not be assignable. When any business carried on at a fixed place
designated in the license issued therefor is sold as
a unit to any person and the purchaser thereof is to carry on such business at
the same place, such new owner shall immediately apply for a new license to
operate such business.
(A) A
licensee or his assignee shall report a change in the information contained in
the license application to the tax collector within ten days after the change
occurs. If information shown on the
license itself is affected thereby, the licensee or his assignee shall
surrender the license to the tax collector when reporting the change.
(B) If there
are no reasons for revoking the license under Section 8-11 and the change
results in the imposition of a separate or additional tax, the tax collector
shall reissue a license reflecting the change upon payment of the separate or
additional tax.
(C) If there
are no reasons for revoking the license under Section 8-11 and the change does
not result in an imposition of a separate or additional tax, the tax collector
shall reissue a license reflecting the change upon payment of a fee of five
dollars ($5.00).
(D) If there
is reason for revoking the license under Section 8-11 the tax collector shall
refuse to reissue a license and shall instead begin proceedings to revoke the
license pursuant to Section 8-15.
Upon satisfactory proof that a license has been lost or destroyed, the tax collector shall
furnish a duplicate for a fee of five
dollars.
The tax collector shall maintain for three years a
record of each conference held pursuant to this article. The record shall contain the applicant's or
licensee's name, the date of the conference, and a brief statement of the
issues discussed and the result reached.
A copy of this record shall be served upon the applicant or licensee in
the manner provided by Section 8-21.
After three years the tax collector shall dispose of the record pursuant
to G.S. 121-5.
(A) Whenever
this subchapter requires the tax collector to give a written statement or
notice to an applicant or a licensee, he may do so in one of three ways:
(1) By personally delivering the statement or
notice to the applicant or licensee.
(2) By mailing the statement or notice by
registered or certified mail, return receipt requested, to the address
specified for that purpose in the license application.
(3) By causing the statement or notice to be
served on the applicant or licensee in accordance with the procedures for
service of process under Rule 4, North Carolina Rules of Civil Procedure.
Notwithstanding the foregoing provisions,
applications for privilege licenses authorizing the retail or wholesale sale of
malt beverages or fortified or unfortified wines shall be made to the Board
(rather than the tax collector) in accordance with the procedures set forth in
G.S. 105-113.80, 105-113.82, and 105-113.85.
Sections 8-23 through 8-25 Reserved.
(A) Each
person has the duty to determine whether the business he conducts is taxed
under this chapter, and if so, whether that tax has been paid for the current
tax year.
(B) If the
tax collector has reason to believe that a person is conducting a business in
the town in violation of this
chapter, he shall conduct an investigation to determine the person's tax
liability.
A licensee shall post his license or licenses
conspicuously in the place of business licensed. If he has no regular place of business, the
license must be kept where it may be inspected at all times by the proper town
officials. If a machine is licensed, the
license shall be affixed to the machine.
If the tax collector determines that a person has
not paid the current full amount of tax due under this ordinance, either for
the current license year or for a prior license year, he shall give the person
written notice of the deficiency, pursuant to Section 8-21. The notice of deficiency shall specify: the total amount of tax due; the section of
this chapter upon which the tax is based; the amount of tax paid; any interest due;
the balance owed; the manner and time period in which the person may respond to
the notice of deficiency; and the consequences to the person if he fails to
respond as specified.
(A) The
person may, within ten days after the day on which notice is served, request in
writing a conference. The request shall specify the person's
objections to the notice of deficiency.
By the way of illustration but not limitation, a person who receives
notice of deficiency may object on the following grounds:
(1) That the tax due has already been paid.
(2) That the tax collector miscalculated the
amount of tax due.
(3) That the tax collector based his calculation
on incorrect or insufficient information concerning either the nature or amount
of business conducted.
If the taxpayer fails to request a conference under
Section 8-29, the deficiency becomes final and the tax collector shall proceed
to collect the deficiency.
If the taxpayer requests a conference, the tax
collector shall not proceed to collect the deficiency until he hears the
taxpayer's objections and determines that the deficiency should become
final. The tax collector shall maintain
for three years record of each conference held pursuant to Section 8-29. The record shall contain the name of the
taxpayer, the date of the conference, and a brief statement of the issues
discussed and the results of the discussion.
A copy of this record shall be served upon the taxpayer in the manner
provided by Section 8-21. After three
years, the tax collector shall dispose of the record pursuant to G.S. 121-5.
(A) The tax
collector may use any of the following methods to collect a deficiency:
(1) Criminal prosecution in accordance with
subsection 8-34(A).
(2) Civil penalties in accordance with subsection
8-34(B).
(3) Equitable relief in accordance with
subsection 8-34(C).
(4) The remedies of levy and sale and attachment
and garnishment in accordance with G.S. 160A-207.
(5) The remedies of levy and sale of real and
personal property of the taxpayer within the city in accordance with the
provisions of G.S. 105-109.
(B) Any
person who commences or continues to conduct a business taxed under this
chapter without payment of the tax is liable for the additional tax of five
percent each thirty days imposed by G.S. 105-109.
(A) Subject
to the provisions of this Section, a person may appeal to the Board of
Commissioners a decision by the tax collector:
(1) That an applicant is not entitled to a
privilege license;
(2) That a licensee's privilege license should be
revoked;
(3) Concerning the amount of tax owed by an
applicant;
(4) That a person has not paid the amount of tax
due for the current license year or any prior years.
(B) An appeal
may be taken only if the applicant has properly pursued and exhausted his right
to have a conference with the tax collector on any of the matters specified in
subsection (A).
(C) An appeal
is taken by filing with the tax collector a written notice of appeal. This notice of appeal must be filed not later
than ten days after the appellant is served with the record of the conference
as provided in Section 8-20 or 8-31.
(D) The Board
shall hear and decide the appeal within thirty days after notice of appeal is
filed, unless the hearing is continued for good cause. The appellant shall be given at least five
working days' notice of the date and time of hearing and shall be served with a
written copy of the Board's decision following the hearing. The burden of establishing the correctness of
the tax collector's decision shall be on the tax collector.
(A) A
violation of Section 8-3 constitutes a misdemeanor punishable as provided in
G.S. 14-4. Payment of a fine imposed in
criminal proceedings pursuant to this section does not relieve a person of his
liability for taxes imposed under this chapter.
(B) A
violation of Section 8-3 or 8-27 shall subject the offender to a civil penalty
of ten dollars ($10.00). If the offender
does not pay the penalty within ten days after he has been cited for a
violation, the town may attempt to recover the penalty by filing a civil action
in the nature of a debt. Payment of this
civil penalty does not relieve a person of his liability for taxes imposed
under this chapter.
(C) The town
may seek appropriate equitable relief from a court of competent jurisdiction to
prevent or redress violations of this chapter.
(D) Each day
that a violation of Section 8-3 or 8-27 exists after the person has been
notified of the violation shall constitute a separate and distinct offense.
(E) This
chapter may be enforced by any one, all, or a combination of the remedies
authorized and prescribed by this section.
Section 8-35 through 8-39 Reserved.
(A) No person
may conduct a taxicab business within the town unless and until such person has
been issued a privilege license in accordance with this article.
(B) For
purposes of this article, a taxicab is defined as a vehicle that transports
passengers for hire and has a capacity of not more than nine passengers. A person conducts a taxicab business when he
operates one or more taxicabs.
(A) A
privilege license for the operation of a taxicab business shall be issued in
accordance with the procedures set forth in subchapter I of this chapter and
subject to the following:
(1) In accordance with G.S. 20-97, the applicant
for such privilege license shall pay the sum of $15.00 upon each vehicle
operated as a taxicab.
(2) The privilege license shall not be issued until
the applicant has presented sufficient proof of financial responsibility
(i.e., a certificate of liability insurance) as required by G.S. 20-280.
(3) The privilege license shall not be issued
until the applicant demonstrates that all drivers of all taxicabs operated by
the business have been issued an operator's permit pursuant to Section 8-42.
(B) A
privilege license issued under this section may be revoked, in accordance with
the procedures specified in subchapter I of this chapter, for any reason that
would have justified denial of the license.
(A) No person
may operate a motor vehicle as a taxicab without a taxicab operator's permit
issued by the police chief in accordance with this section.
(B) An
applicant for a taxicab operator's permit shall be required to furnish to the
police chief, on forms prescribed by the town or otherwise, information deemed
reasonably necessary by the police chief to determine whether the permit should
be issued according to the criteria set forth in subsection (C).
(C) The
taxicab operator's permit shall be issued unless the police chief determines
that the permit should be refused for one of the following reasons:
(1) Conviction of a felony against this State, or
conviction of any offense against another state which would have been a felony
if committed in this State;
(2) Violation of any federal or state law
relating to use, possession, or sale of intoxicating liquors or narcotic or
barbiturate drugs;
(3) Addiction to or habitual use of intoxicating
liquors or narcotic or barbiturate drugs;
(4) Violation of any federal or State law
relating to prostitution; or
(5) Habitual violation of traffic laws or
ordinances.
(D) The
taxicab operator's permit may be revoked by the police chief for any reason
that would have justified denial of the permit as specified in subsection
(C). Before revocation, the police chief
shall notify the permit holder of his intent to revoke the permit and the
reasons therefor and shall afford the permit holder a
reasonable opportunity to appear and be heard on the question of such
revocation. After the hearing, the
police chief shall notify the permit holder in writing of his decision and the
reasons therefor.
(A) Any person who conducts a taxicab business,
as well as the driver of any taxicab, shall be responsible for ensuring that the
following items are displayed within the taxi so as to be visible to
passengers:
(1) The taxicab operator's permit required by
Section 8-42;
(2) A photograph of the driver; and
(3) The schedule of fares
Sections 8-44 and 8-45 Reserved.
Unless otherwise specifically provided or unless
clearly required by the context, the following words and phrases shall have the
meaning indicated when used in this article:
(1) Administrator. The police chief or any
other person designated by the Board to perform the responsibilities assigned
by this article to the administrator.
(2) Door-To-Door Salesman. Any
person who travels from dwelling to dwelling selling or offering for sale or
taking orders for the sale of any goods, wares, magazines, periodicals, or
other merchandise of any kind.
(3) Itinerant Merchant. A
person classified as an itinerant merchant under G.S. 105-53.
(4) Peddler. A person classified as a
peddler under G.S. 105-53.
(A) Subject
to subsection (B), no person shall conduct any business within the town as a
door-to-door salesman, itinerant merchant or peddler until such person has
obtained a commercial solicitation permit in accordance with the provisions of
this article.
(B) The
requirements of subsection (A) shall apply only to door-to-door salesmen,
itinerant merchants, and peddlers who:
(1) Are exempt from obtaining a privilege license
under G.S. 105-53 because such persons are engaged in the sale of books,
periodicals, printed music, ice, wood for fuel, fish, beef, mutton, pork,
bread, cakes, pies, dairy products, poultry, eggs, livestock or other articles
produced by the vendor offering them for sale; or
(2) Are exempt from obtaining a privilege license
because such persons are engaged exclusively in interstate commerce by
soliciting orders for goods, wares, magazines, periodicals, or other merchandise
produced outside the State of North Carolina.
(C) A permit
issued under this article shall be valid for the period specified in the
permit, which period shall be the period the permittee
intends to conduct business within the town, up to a maximum of one year from
the date of issuance.
(A) To obtain
the permit required by Section 8-47 above, a permit applicant shall submit to
the administrator his or her name, address, telephone number, and social
security number, along with the name, address, and telephone number of any
company, firm, organization, or person for whom the applicant is acting as an
agent or employee.
(B) The
administrator shall issue the permit requested under this article unless he
finds that:
(1) Within the preceding five years, the
applicant has been convicted of a Class A, B, C, D, E, F, or H felony as
defined by G.S. 14-1.1 et seq.
(2) The applicant is not in fact a legitimate
agent or employee of the company, firm, organization, or person that the
applicant purports to represent.
(C)
Immediately upon receiving an application for a permit under this
article, the administrator shall investigate whether the applicant is entitled
to the permit and shall forthwith either: (i) issue
the permit; or (ii) deny the permit and provide the applicant with a written
statement of the reasons for denial.
(A) In
accordance with Section 7-1 of this code, no person may sell or display for
sale any goods, wares, or merchandise within the right-of-way of any street or
on any sidewalk adjacent thereto.
Provided, however, that this section shall not apply to a nonprofit
charitable, educational, religious, or civic organization that wishes to sell
or display for sale goods, wares, or merchandise within the right-of-way of any
such street or sidewalk when such street or sidewalk has been closed as part of
a Town-sponsored or Town-authorized special event. Said organization shall apply for and obtain
a permit from the administrator for such sales or displays. [Amended
October 8, 1996]
(B) Peddlers,
as defined by North Carolina General Statute 105-53, shall not be permitted to
operate anywhere within the Central Business District. Itinerant merchants, as defined by North
Carolina General Statute 105-53, are specifically prohibited except in strict
compliance with the provisions of the Land Use Ordinance. (See Section 16-146, Table of Permissible Uses.) [Amended October 8, 1996 and December 9,
1997]
(C) The
distribution of commercial flyers, handbills, or leaflets shall not be
permitted within the rights-of-way of any of the streets or portions of streets
identified in subsection (D) or on any sidewalks adjacent thereto. The distribution of such flyers, handbills,
or leaflets may be authorized in other commercial areas, subject to the
approval and the issuance of a permit by the administrator. In reviewing the application for the
distribution of flyers, handbills, or leaflets, the administrator may reject
the application if he or she determines that the proposed location or time
would unreasonably endanger the safety of the distributors or the general
public. The permit shall be limited to a
period covering three consecutive days or less, and only one such permit may be
approved for a business, organization, or individual within any three-month
period. The fee for the permit shall be
$25.00, and that fee is intended to cover the cost of reviewing the
application, as well as the cost of collecting and disposing of any litter that
may result from the distribution of the materials. [Amended
October 8, 1996]
(D) The
restrictions set forth in subsection (C) shall apply to the following streets
or portions of streets:
Street |
From |
To |
|
|
|
Chestnut Drive |
|
Sunset Drive |
|
Valley Boulevard |
|
Maple Street |
Beginning |
End |
|
|
Beginning |
End |
|
|
|
|
|
Pine Street |
|
|
|
|
Beginning |
End |
[Amended
October 8, 1996]
Sections 8-50 and 8-51 Reserved.
(A) A
violation of sections 8-40, 8-42, 8-47, or 8-49 shall constitute a misdemeanor,
punishable as provided in G.S. 14-4.
(B) A
violation of the provisions listed in subsection (A) shall also subject the
offender to a civil penalty of one hundred dollars ($100.00). If the offender fails to pay this penalty
within ten days after being cited for a violation, the town may seek to recover
the penalty by filing a civil action in the nature of debt. [Amended
July 13, 1993]
(C) Each day
that a violation continues after notification that such violation exists shall
constitute a separate offense for purposes of the penalties and remedies
specified in this section.
(D) This
article may he enforced by an appropriate equitable action.
(E) This
article may be enforced by any one, all, or any combination of the remedies
authorized by this section.