§ 38-1. Peddling and soliciting.

(a)

Definitions . The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Beggar means any person traveling from door to door or place to place asking or begging for donations, alms, or gifts for the personal use of the person when no or trivial consideration is offered or given in exchange.

Charitable solicitor means any person who travels from place to place or door to door to solicit items of value or to disseminate information exclusively on behalf of:

(1)

Charitable, civic, patriotic, religious, educational, recreational, fraternal, or cultural organizations which are tax except pursuant to 501(c) of the Federal Internal Revenue Code, as amended;

(2)

Federal, state and local governmental departments, agencies, and subdivisions, including public schools;

(3)

Accredited private schools and academies; or

(4)

Candidates for elective office, including the candidate himself, or individuals or organizations presenting political information or ideas.

Commercial solicitor means any person who travels from door to door or place to place within the city limits soliciting orders for the sale of goods for future delivery or for personal services to be performed at any time, whether or not samples are displayed or money is collected in advance. Specifically excluded from this definition are salesmen soliciting at commercial establishments.

Peddler .

(1)

The term "peddler" means any person who:

a.

Shall carry or transport from door to door or place to place any goods, wares, or merchandise, and who offers to sell or barter the same directly to the consuming public;

b.

Offers for sale or sells directly to the consuming public goods of any type from any cart, truck, automobile, trailer, or other vehicle upon the public streets, highways, alleys, or boardwalks; or

c.

Offers for sale or sells directly to the consuming public goods of any type from any shed, tent, enclosure, cart, truck, automobile, trailer, or other vehicle located outside a building which meets the requirements for business and mercantile as presented in the state building code.

(2)

Any person who separates the act of sale and delivery for the purpose of evading the provisions of this section shall be deemed a peddler. Specifically not included in the definition of peddler and thus allowed if otherwise in compliance with town and state codes are the following:

a.

Persons delivering goods, wares, merchandise, or services to retail or wholesale businesses in town which businesses operate from a building meeting the requirements for business and mercantile as set forth in the state building code;

b.

Persons who offer goods for sale and delivery only to retail or wholesale businesses in the town which businesses operate from a building meeting the requirements for business and mercantile as set forth in the state building code;

c.

Delivery services, including freight carriers, such as United Parcel Service and Federal Express, which deliver or pick up items anywhere in town;

d.

Persons delivering services anywhere in town;

e.

Vendors at special events as declared by the town board or town manager;

f.

Persons offering goods for sale exclusively on behalf of churches, or schools, or organizations recognized by the Internal Revenue Service as charitable organizations, or incidental sales activities of children (such as a lemonade stand). To qualify for this exemption, no such sales activity may continue for more than five consecutive calendar days or more than 14 cumulative calendar days a year;

g.

A resident, land owner, or lessee of real property, within the town, and their invitees, who conducts no more than two yard or garage sales in any calendar year with each sale lasting no more than 12 hours;

h.

A resident of the town, and his invitees, who conduct Tupperware or similar parties within a private residence as long as such parties are by invitation only, not open to the general public, last for no more than eight consecutive hours, and are not conducted more than once every three months;

i.

A person who sells goods from vending machines in connection with a permitted use under the zoning ordinance of the town;

j.

A merchant who, as an extension of his business, and on his premises, offers goods for sale on the exterior of the principal structure on his premises when such goods are also offered for sale within the principal structure, subject to the following. The merchant may sell such goods from a structure, enclosure, or device that is accessory to the principal structure on the premises, only when such structure or enclosure:

1.

Is owned by the merchant; and

2.

When such structure or enclosure, other than a tent, meets applicable building and hurricane codes, or, if not subject to such codes, is adequately secured to the land against hurricane force winds to the satisfaction of the building inspector. Notwithstanding this authority of a merchant to sell on-premises outside of a principal structure, sales from motor vehicles or from trailers not designed by their manufacturers for retail sales are not permitted. These exemptions are personal to the qualifying merchant and are not assignable to third parties.

Special event means a festival, celebration, competition or similar event open to the public and limited in duration to not more than seven consecutive days held no more than twice any calendar year.

(b)

Specific prohibitions.

(1)

It shall be unlawful for any peddler to engage in the sale, barter, or the offering of sale or barter, of any goods, wares or merchandise from public streets including street rights-of-way, public parking lots, or public beaches and beach access sites, within the city limits. Further, it shall be unlawful for any peddler to engage in the sale, barter, or the offering of sale or barter, of any goods, wares or merchandise, at any other place within the city limits except as provided herein.

(2)

It shall be unlawful for any commercial solicitor to solicit orders from public streets including street rights-of-way, public parking lots, or public beaches and beach access sites, within the city limits. Further, it shall be unlawful for any commercial solicitor to solicit orders from any residence for the sale of goods or personal services except as provided in subsection (c) below.

(3)

It shall be unlawful for any beggar to beg or ask for donations, alms or gifts, for the personal use of the beggar on any private or public property except on public sidewalks and public parking lots and only between the hours of 9:00 a.m. and sun down; however, in no event shall begging continue beyond 7:00 p.m.

(c)

Registration and prohibition. Each and every person doing business in the town as a peddler or commercial solicitor shall apply for a permit in person at the public safety department. If the applying individual is a minor, then that individual must be accompanied by a parent or guardian. When applying for a permit, a peddler or commercial solicitor shall file an application with the public safety department that includes the following information:

(1)

Name, address and Social Security Number of any applicant filing the application, or if the applicant is a minor, the name and address of the minor applicant together with the name, address and Social Security Number of the parent or guardian.

(2)

Name and address of principal or employer if applicant is an agent or employee.

(3)

Credentials showing relationship of agent or employee.

(4)

Description of applicant including height, weight, sex, age, and distinguishing characteristics, if any.

(5)

Beginning and ending date of the peddler's or commercial solicitor's planned activity.

(d)

Issuance and use of permit. Once a peddler or commercial solicitor has complied with the requirements under subsections (b) and (c) of this section, the public safety department shall issue a permit. No more than one permit every six months shall be issued to the same peddler or commercial solicitor. When issued, the permit shall be valid only for the period of time specified therein, which shall not be longer than five days. The permit shall be valid only from 9:00 a.m. until 7:00 p.m. The permit shall be valid only when used by the peddler or commercial solicitor to whom the permit was issued and the permit must be prominently displayed on the holder of the permit at all times. The permit shall be nontransferable.

(e)

Permitted activities by charitable solicitors.

(1)

Charitable solicitors are permitted to solicit throughout the city limits between 9:00 a.m. and 7:00 p.m.

(2)

To avoid confusion over whether their activities are permitted, charitable solicitors are encouraged, but not required, to register with the public safety department. The director for public safety shall develop forms for such registration to include the name, address and charitable organization of the charitable solicitor. The public safety department is authorized to grant credentials to charitable solicitors who register. The granting of credentials will not be an endorsement by the town of the organization receiving credentials.

(f)

Special events.

(1)

The town board shall have the authority to declare a special event. All town events (such as parades and celebrations) shall automatically be deemed special events. For each special event, the town manager shall declare its boundaries.

(2)

The sponsors of the special event shall have the authority to permit vendors either in booths or with push carts in such areas of the boundaries of the special event that the sponsor deems appropriate. These vendors may work only during the special event. If a vendor sells food, he shall comply with all health department regulations, and shall file a copy of his health department permit with the town public safety department before selling food.

(Ord. No. 2010-2, §§ V—IX, 2-9-2010)

State law reference

City may regulate activities of peddlers, solicitors, and itinerant merchants, G.S. 160A-178.