Buchanan County, VA
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Adopted 7-9-2018]
The County Sheriff's Department and any special conservators of the peace employed by the Board of Supervisors and empowered to enforce litter control ordinances and statutes shall have concurrent jurisdiction to enforce this article.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
GARAGE OR YARD SALE
Any sale operated out of a single-family dwelling or multifamily dwelling that does not involve the sale of items purchased for the purpose of resale.
IMMEDIATE FAMILY MEMBER
Those individuals who are related as either brother, sister, son, daughter, father or mother.
ITINERANT PEDDLER
For the purpose of license taxation, any peddler, as herein defined, who engages in, does, or transacts any temporary or transient business in Buchanan County; who conducts his or her business in any place other than a fixed structure or building that is subject to building code standards.
PEDDLER
For the purpose of license taxation, any person who shall carry from place to place any nonagricultural goods, wares, or merchandise and offer to sell or barter the same, or actually sell or barter the same.
A. 
All itinerant peddlers, as herein defined, who offer for sale any item of goods for a price in excess of $150, must obtain a license from Buchanan County to conduct business in the County. The license fee shall be established by separate resolution of the Board of Supervisors but shall not exceed a maximum of $5,000. (Exhibit A). The County Administrator or his designee shall be responsible for issuing licenses under this section.
B. 
Anyone desiring to obtain an itinerant peddler license to operate within the County shall apply to the County Administrator, or her designee, and pay a fee as provided by separate resolution of the Board of Supervisors. An itinerant peddler's license shall be valid for a period not to exceed 12 months. The license shall state the approximate location(s) the licensee intends to operate during the term of the license. Prior to operating at a location not stated on the license, the licensee shall provide the County Administrator written notice of the new location seven days in advance in writing.
C. 
A license shall be issued to anyone who pays the appropriate fee; completes an appropriate application form; and presents proper identification, including federal and state tax identification, provided the specifications set forth in their applications comply with the requirements of this article. Proper identification may include a current driver's license or photographic identification issued by the Division of Motor Vehicles of any state, and a physical address. The application form should include the name and address and identify the company or organization for whom the person is making the application, if any; the nature of the vending that is to occur; the locations and times where and when the vending is to occur; any vehicles which will be used; and the person employed by the licensee to be present during vending. The Administrator, or her designee, may revoke any license in the event the County Administrator discovers any material inaccurate or false statements in the application.
Itinerant peddlers are prohibited from operating in the following areas of the County:
A. 
Within 20 feet along Virginia State Route 83.
B. 
Within 20 feet along United States Highway 460.
C. 
Within 20 feet of Virginia State Route 80.
D. 
Within 20 feet of any United States highway or other primary Virginia state routes not mentioned herein.
E. 
Within 20 feet of any public road where the posted speed limit is 55 miles per hour or higher.
No itinerant peddler shall:
A. 
Conduct roadside vending within 50 feet of the entrance or exit to the grounds of any elementary or secondary school between one hour prior to the start of the school day and one hour after dismissal at the end of the school day.
B. 
Leave any stand or motor vehicle unattended.
Store, park, or leave any stand overnight on any road or street or park any motor vehicle other than in a lawful parking place in conformance with County and state parking regulations.
C. 
Sell food or beverages for immediate consumption unless there is available for public use the vendor's own or a public litter receptacle.
D. 
Leave any location without first picking up, removing, and disposing of all trash, refuse, garbage or litter remaining from the sales, vending, or operation conducted.
E. 
Conduct any roadside business in such a way as would restrict or unreasonably interfere with the ingress or egress of the occupants of abutting property owners; create or become a public nuisance; increase traffic congestion or delay; or constitute a hazard to traffic, life or property; or obstruct adequate access for fire, police, or sanitation vehicles.
F. 
Conduct any business in a location where there is not provision for adequate parking off the public road or right-of-way.
G. 
Conduct any roadside vending within 50 feet of the entrance of any hospital, fire department, or ambulance service.
Any itinerant peddler license may be denied, suspended or revoked for any of the following causes:
A. 
Fraud or misrepresentation contained in the application for the license.
B. 
Fraud or misrepresentation made in the course of carrying on the business of vending.
C. 
Conduct of the licensed business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
D. 
Conduct which is contrary to the provisions of this article.
E. 
Conviction of violation of this article within the previous year.
A. 
Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.
B. 
Any person found guilty of a second offense under this article may be punished by imprisonment not to exceed 30 days.
C. 
Any person found guilty of a third offense under this article shall be guilty of a Class I misdemeanor.
A. 
The licensure provisions of this article shall not apply to a farmer or cooperative association of farmers selling raw produce or food grown by such farmer or cooperative association; nor shall the licensure provisions of this article apply to a farmer or cooperative association of farmers selling produce or foods that are cooked, packaged, or prepared by such farmer or cooperative association of farmers.
B. 
The licensure provisions of this article shall not apply to organizations designated as a tax-exempt charitable organization pursuant to Sections 501(c) and (d) of the Internal Revenue Code or to any religious organization or church body conducting such sale on land owned by such religious organization or church body exempted from local real property taxation by the Commissioner of Revenue.
C. 
No licensure permit fee shall be charged to any bona fide and recognized charitable or civic organizations.
D. 
The provisions of this article shall not be applicable to businesses occupying permanent structures or enclosures which are in compliance with building code regulations.
E. 
The licensure provisions of this article shall not apply to yard sales or garage sales conducted for less than four consecutive days and less than 10 total days within any month.
F. 
The provisions of this article shall not be applicable within the jurisdiction of any incorporated towns within the County.
G. 
The licensure provisions of this article shall not apply to the sale of handmade arts and crafts which are being sold by the artist or craftsman, a cooperative association of artists or craftsman, who made the item, or by an immediate family member thereof.
Any itinerant peddler conducting business pursuant to a license granted under this article must present a copy of said license to any authorized enforcement official upon request. The license shall be printed on a form that includes the name and address of the applicant in bold print. Copies of active licenses shall be available for public inspection at the Buchanan County administrative offices.
A. 
In the event the County Administrator discovers that a licensee has failed to comply with this article or any of the conditions of the license, failed to operate as the licensee represented in their application, or performed any conduct described in § 88-84, the County Administrator shall deliver a notice of intent to revoke the license, stating a time and place the County Administrator will consider revoking the license and hear any evidence pertaining thereto.
B. 
The licensee may appear at that time and place before the County Administrator to be heard regarding why the license should not be revoked. The County Administrator may amend the license, revoke the license, or issue a new license. The notice herein described shall be delivered at least 48 hours prior to the hearing.
C. 
If the license is revoked or amended in a manner not acceptable to the licensee, the licensee may appear before the Board of Supervisors at its next regularly scheduled meeting and request a reinstatement of his or her license. Upon consideration of such request the Board shall determine whether the licensee violated this article and/or failed to comply with the terms of the license, operated in a place or in a manner not described in his or her application for the license, or performed any of the conduct described in § 88-84. The Board may reinstate the license or order the issuance of an amended license. The Board may not waive any requirement of the ordinance.
D. 
The County Administrator's authority to revoke a license pursuant to this section is a civil proceeding. Nothing in this section shall impose any procedural requirement on law enforcement officers to enforce this article or in any way divest them of jurisdiction to do so.