[Ord. No. 2-2006, 2-6-2006]
It shall be unlawful for any person to engage in the business
of peddler, vendor or canvasser as defined in this article, within
the limits of the Town of Abingdon, Virginia, without first obtaining
a permit as provided herein.
[Ord. No. 2-2006, 2-6-2006; Ord. of 10-1-2012]
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:
Any organization(s) currently recognized by the Internal
Revenue Code of the United States of America as a charitable nonprofit
organization.
A gathering of buyers and/or sellers for the purpose of exhibiting
and selling goods, accompanied by amusements, contests, entertainment
and the like.
The Director of the County Health District.
The chief health officer of the county health department,
its successor agencies, or a qualified person designated by such chief
health officer.
One who moves from place to place within the Town and offers
merchandise, goods, food or services for sale or barter.
The county; the corporation Town of Abingdon; any body politic
created under the Constitution of Virginia or by the Act of the General
Assembly of Virginia as described by statute; and/or all groups operating
on behalf of, under the through the political subdivisions referenced
and described in this definition.
A roadway contiguous to and generally paralleling a street
or highway designed to collect and distribute traffic desiring to
cross, enter, or leave such street or highway, and to furnish access
to property which would otherwise be isolated due to the controlled
access design of the street or highway.
The Town Manager of Abingdon, Virginia or a duly authorized
agent of the Town Manager.
Every device in, upon or by which any person or property
is or may be transported or drawn including any wheeled conveyance.
One who offers merchandise, goods, food or services for sale
or barter from a stationary but temporary site within the Town. "Vending"
is the act of offering merchandise, goods, food or services for sale
or barter from a stationary but temporary site within the Town.
An organization or group thereof whose purpose and function
are to schedule, manage and supervise athletic events primarily for
the participation of people under the age of 18 years.
[Ord. No. 2-2006, 2-6-2006; Ord. of 10-1-2012]
(a)
The following shall be exempt from the permit requirements of this
article:
(1)
Persons selling fresh farm products;
(2)
Persons selling newspapers;
(3)
Persons selling for wholesale concerns who only solicit orders
from or sell to retail dealers in Abingdon for resale or other commercial
purposes or to manufacturers for manufacturing or other commercial
purposes; and
(4)
Peddlers or vendors of religious, political or written materials.
(5)
Exemptions. The provisions of Code of Virginia, § 35.1-1
et seq., or any successor statute shall not apply to:
a.
Food booths at fairs, if such booths are promoted or sponsored
by any political subdivision of the commonwealth or by any charitable
nonprofit organization or group thereof.
b.
Concession stands at youth athletic activities, if such stands
are promoted or sponsored by either a youth athletic association or
by any charitable nonprofit organization or group thereof which has
been recognized as being a part of the recreational program of the
political subdivision where the association or organization is located
by an ordinance or resolution of such political subdivision.
c.
Organizations that are exempt from taxation under § 501(c)(3)
of the Internal Revenue Code that hold occasional fund-raisers for
the duration of the event at which food is prepared by such organization
and is offered for sale to the public.
(6)
Supervision of food sales. Supervision of the sale of food as
contemplated in this article shall be made by the chief health officer
of the Town or a qualified person designated by such officer. Such
supervision shall include:
a.
A requirement of notice from the food concessionaire as to the
time and place of the sale of food;
b.
Meetings as necessary with the representatives of such organizations
to provide information and assistance, where necessary, to provide
a healthy environment for the sale of food;
c.
Inspections, as necessary, to determine if such operations are
being conducted in a healthy environment and to provide assistance
in remediation, if necessary;
d.
Inspections, as necessary, to determine if the authorized organizations
are operating such food concessions; and
e.
No other supervision unless directed by future ordinance of
the Town Council.
[Ord. No. 2-2006, 2-6-2006]
(a)
Applicants for permits under this article must file with the Town
Manager an application in writing on a form to be furnished by the
Town, which shall give the following information:
(1)
Name, social security number (optional), and description of
the applicant.
(2)
Address.
(3)
Name and address of Virginia registered agent, if there is a
registered agent for the business.
(4)
A brief description of the nature of the business and the goods
to be sold.
(5)
Proof of all applicable federal, state and local permits or
the licenses for the business.
(b)
At the time of the filing of the application, a fee of as authorized
from time to time by the Town Council shall be paid to the Town Manager
to cover the cost of investigation and processing of the application.
[Ord. No. 2-2006, 2-6-2006]
Upon receipt of such application, the original shall be referred
to the Town Manager, who shall make an investigation of the applicant's
business responsibility and character.
(a)
Unless the Town Manager determines otherwise after his investigation,
he shall within 45 days following the date of the filing of the application,
issue the applicant a license.
(b)
After investigation and finding that the health, safety, and welfare
of the public so demands, the Town Manager may refuse to issue a license
to an applicant for reasons including, but not limited to, the following:
(1)
Conviction of any felony or crime of moral turpitude (including,
by way of illustration and not limitation, crimes of sexual misconduct
and distribution of controlled substances or paraphernalia) within
the five years immediately preceding the date of the filing of the
application.
(2)
Fraud, misrepresentation or intentional false statement of material
or relevant facts contained in the application.
(3)
Lack of necessary permits or licenses to conduct the business
proposed to be conducted.
(c)
The Town Manager shall endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business
applied for and deliver to the applicant his permit. Such permit shall
contain the signature of the issuing officer and shall show the name,
address and photograph of said applicant, the kind of goods to be
sold thereunder, the date of issuance and the length of time the same
shall be operative, as well as the license number and other identifying
description of any vehicle used in such peddling, vending or canvassing.
The Town Manager shall keep a permanent record of all permits issued.
(d)
In determining whether the applicant's character and business
responsibility is satisfactory, the Town Manager, or his authorized
agent, shall consider evidence revealed by the investigation which
shows honesty, reliability, and knowledge of the business to be engaged
in. A license shall be denied or revoked if the applicant is shown
to be dishonest, immoral or substantially lacking in business reliability
and responsibility. In the event the result of the initial investigation
are unclear as to the nature of the applicant's character and
business responsibility, an additional investigation of the applicant
shall be made.
[Ord. No. 2-2006, 2-6-2006]
No permit or exemption letter issued under the provisions of
this chapter shall be used by any person other than the one to whom
it was issued.
[Ord. No. 2-2006, 2-6-2006]
Permits issued under the provisions of this article shall be
valid for the period requested, which shall in no event exceed one
year. The holder of any permit may seek renewal thereof upon the filing
of a written renewal application. The renewal application shall reflect
any information changed from the previous year's application
and it shall be approved upon verification by the Town Manager that
the applicant for renewal has complied with the laws of the Town of
Abingdon and the commonwealth.
[Ord. No. 2-2006, 2-6-2006]
(a)
No peddler, vendor, or canvasser shall have any exclusive right to
any location on public property; nor shall be or she:
(1)
Operate at any location within the Town until he possesses a
license to operate his business which has been approved by the local
health department;
(2)
Be permitted a stationary location on any sidewalk unless at
least five feet of the sidewalk remains clear for pedestrian traffic;
(3)
Be permitted a stationary location closer than 10 feet from
any crosswalk, intersection, entrance to a building, taxi stand, or
other vendor's stationary location.
(4)
Be permitted to occupy a space greater than 10 feet long, five
feet wide, and eight feet high on a sidewalk, excluding umbrellas;
(5)
Display any sign visible to vehicular traffic if operating from
a stationary location on a street, sidewalk, or other public place,
except for signs that are actually imprinted on the exterior body
of a licensed motor vehicle;
(6)
Make any sale or delivery to any person while such person is
standing in the roadway;
(7)
Make any sale, offer or delivery to any driver or passenger
in a motor vehicle while the motor vehicle is stopped at a red light
or while in a moving traffic lane;
(8)
Conduct business from any highway service road or center median
strip of any street;
(9)
Restrict access to any legally parked vehicle;
(10)
Operate in any other way that would restrict the flow of pedestrian
or vehicular traffic;
(11)
Conduct any business on any public street or sidewalk between
the hours of 8:00 p.m. and 7:00 a.m.; or
(12)
Leave any cart or table unattended on any public street or sidewalk
between the hours of 8:00 p.m. and 7:00 a.m.
(b)
Each peddler, vendor, or canvasser shall provide receptacles for
the disposal of waste materials or other litter created in the immediate
area of any stationary location from which sales, offers of sales
or deliveries are taking place, and they shall request customers to
place all waste and litter in the receptacles and they shall remove
and dispose of the waste materials and litter.
[Ord. No. 2-2006, 2-6-2006]
Peddlers, vendors, or canvassers are required to conspicuously
display their permits at their vehicles or temporary stands or if
they have none, to exhibit their permits or exemption letter upon
request.
[Ord. No. 2-2006, 2-6-2006]
The Town Manager shall maintain a record for each permit issued,
and record the reports of violation thereon.
[Ord. No. 2-2006, 2-6-2006]
(a)
Permits issued under the provision of this article may be revoked
by the Town Manager after notice and hearing of any of the following
causes:
(1)
Fraud, misrepresentation or intentional false statement contained
in the application for permit.
(2)
Conviction of a felony or crime of moral turpitude (including,
by way of illustration and not limitation, crimes of sexual misconduct
and distribution of controlled substances or paraphernalia).
(3)
Conviction of any crime involving fraud in the conduct of his
or her business.
(b)
Notice for revocation of a permit shall be given in writing, setting
forth specifically the grounds for the revocation. Such notice shall
be mailed, certified mail return receipt requested, to the permit
holder at his last known address.
[Ord. No. 2-2006, 2-6-2006]
(a)
Any person aggrieved by the action of the Town Manager, or his authorized
agent, in the denial of an application for a permit or in the decision
with reference to the revocation of a permit shall have the right
of appeal. Such appeal shall be taken by filing with the clerk of
the Town Council within 10 days after the notice of the denial of
an application has been mailed to such person's last known address,
a written statement setting forth fully the grounds of appeal.
(b)
Upon receipt of such notice of appeal, the clerk shall schedule a
public hearing before the Town Council at a time not more than 30
days after the receipt of the notice. Such hearing shall be advertised
at the expense of the appellant and notice given once a week for two
successive weeks in some newspaper published or having general circulation
in the Town, specifying the time and place of hearing at which persons
affected may appear and present their views, not less than five days
nor more than 21 days after the second advertisement appears in such
newspaper.
[Ord. No. 2-2006, 2-6-06]
Any person violating any provision of this article shall be
guilty of a Class 1 misdemeanor.
[Ord. No. 2-2006, 2-6-2006]
The provisions of this article are hereby declared to be severable,
and if any section, sentence, clause or phrase of this article shall,
for any reason, be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses or phrases of this article, but they shall remain in effect,
it being the legislative intent that this article shall stand, notwithstanding
the invalidity of any part.
