[HISTORY: Adopted by the Town Council of the Town of North
Brentwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-7-2011 by Ord.
No. 2011-03]
Except as provided in § 212-2 of this article, all vendors must obtain a vendor's license from the Town.
No vendor's license shall be required of:
A.
Any person who is upon the premises at the request or invitation
of the owners or occupants of the premises;
B.
Wholesalers who sell goods to dealers of such goods;
C.
Newspaper carriers;
D.
Acts of merchants or their employees in delivering goods in the regular
course of business or to regular customers on established routes;
E.
Any activity in a park, public building or public space when the
activities at such places are authorized by the Town or the premises
owner; or
F.
Town residents who sell goods or solicit contributions on behalf
of a nonprofit organization or candidate for public office and who
are not involved in the promotion or sale of commercial goods.
A.
Applicants for a vendor's license shall file with the Town, a sworn
application, in writing, accompanied by the required fee. The application
shall provide the following information:
(1)
Name,
address, and identification of the applicant (driver's license
or other recognized form of identification) or Articles of Incorporation
or other business organization document, if the applicant is a business
entity. If the applicant is a business entity, then the names, addresses,
and identification for each individual who will perform vending in
the Town shall be provided;
(2)
A brief description of the nature of the business and goods to be
sold;
(3)
The hours and location(s) for which permission to vend is desired;
(4)
If a vehicle is to be used in connection with the proposed vending
activity, a description of the vehicle and the license tag number;
(5)
A statement as to whether or not the applicant and any individuals
who will perform vending in the Town have been (within five years
preceding the date of the application) convicted of any felony or
misdemeanor, other than traffic violations, the nature of the offense,
the date and place where the offense occurred, and the punishment
or penalty imposed for the offense;
(6)
If employed or acting as an agent or independent contractor, credentials
from the applicant's employer, principal or business who is being
represented, establishing the relationship and the authority of the
employee, agent or contractor to act for the employer, principal or
business;
(7)
If the applicant proposes to conduct vending activities from a fixed
location and the applicant is not the owner of the property, then
the applicant must provide written permission from the property owner
to vend on such private property;
(8)
Copies of any federal, state, or county permits, licenses, and inspection
reports necessary for the applicant to conduct the proposed vending
activity; and
(9)
Two recent photographs of the applicant or, if the applicant is a
business entity, photographs of each individual who will perform vending
in the Town, approximately two inches by two inches, showing the head
and shoulders of the individual in a clear and distinguishing manner.
B.
The vendor's
license fee is $50 a year or $25 for six months. Vendor's licenses
shall expire either one year or six months from the date of issuance,
as applicable.
C.
Upon receipt of a completed vendor's license application and required fee, the Mayor or the Town Manager, or his or her authorized representative, shall review the vendor license application as deemed necessary to ensure the protection of the public health, safety, and general welfare. The business license requirements set forth in § 177-5E shall apply to vendor's licenses. If the application is found satisfactory, then a vendor's license will be issued to the applicant.
D.
The vendor's
license shall show the name, address, and photograph of the applicant
or the individuals who will perform vending in the Town, the nature
of the vending business and goods to be sold or delivered, the date
of issuance, and the license expiration date. The license also shall
identify any vehicle to be used in carrying out the business for which
the vendor permit is issued, along with the license tag number. The
vendor's license shall be displayed in plain view at all times
while the applicant is engaged in the vending activity.
E.
It shall
be unlawful for any person other than the licensee to use any vendor's
license issued hereunder.
F.
Denial
of license. A vendor's license may be denied for the following
reasons:
(1)
The location and/or time of the vending would endanger the safety
and welfare of the vendor, the vendor's customers, or the residents
of the Town.
(2)
Fraud, misrepresentation, or false statement in the application.
(3)
The applicant has been convicted of a felony or misdemeanor offense
involving a sex offense, trafficking in controlled substances, or
violent acts against person or property within five years preceding
the date of the application.
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit, or misrepresentation has been entered
within five years preceding the date of the application.
(5)
There is no proof as to the authority of the applicant to serve as
an employee, agent or contractor of the employer, principal, or business
for which the applicant proposes to conduct vending activities.
G.
If a vendor's
license application is denied or refused, the disapproval and reasons
for disapproval shall be noted in writing and the applicant shall
be notified that the application is disapproved and that no vendor's
license will be issued until compliance is provided and the reasons
for disapproval have been corrected. Notice shall be delivered or
mailed to the applicant at the address shown on the vendor's
license application.
H.
All vendor's
licenses shall be renewable upon payment of the appropriate fees and
compliance with the provisions of this article.
Any violation of the provisions of this article shall be a municipal
infraction with the following fines: $50 for the first violation;
$100 for each thirty-day period that the violation continues, and
$150 for repeat violations in a one-year period.
