[HISTORY: Adopted by the Town Council of the Town of Hillsville 10-11-1978 as Secs. 19-12 and 19-13 of the 1978 Code; amended in its entirety 11-11-1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 42.
Peddling and soliciting — See Ch. 112.
Special sales — See Ch. 121.
Zoning — See Ch. 171.
All persons not otherwise licensed or permitted to sell under Chapter 144, Taxation, Article VII, License Tax, shall be required to obtain a vendor's license to sell during special events.
A. 
Sufficient evidence must be presented that all delinquent Town taxes and fees must be paid prior to issuance of any license as provided by § 58.1-3700 of the Code of Virginia.
[Added 9-25-2017]
A. 
Vendors licenses will be valid from 7:00 a.m. on Friday to 6:00 p.m. the following Monday. Vendors whose activity is selling parking spaces to the general public may do so beginning Thursday morning at 6:00 a.m. All merchandise should be covered until the event opens Friday morning. Food vendors may begin selling on Thursday.
B. 
All sales by vendors must be from a stationary location. No house-to-house selling will be allowed during special events weekend, and no peddler's licenses will be issued.
C. 
Five-foot safety zone.
(1) 
For safety reasons, no portion of a vendor's stand shall be located closer than five feet to an adjoining sidewalk or, in the absence of a sidewalk, not less than five feet from the edge of the pavement of the adjoining street. For the purposes of this section, a vendor's stand will not be considered as adjoining the sidewalk or street if it is separated by a permanent fence at least 36 inches in height or a wall at least 36 inches in height that has been in existence at least 30 days prior to the special events weekend and which wall or fence has been constructed and maintained by the landowner, the Town or the state.
(2) 
No item or article for sale, display or advertisement will be allowed within this five-foot section between the street or sidewalk and the vendor's stand.
(3) 
No vehicles will be parked within the five-foot safety zone unless it is the normal and permanent parking place of a resident and then can only be used by that resident.
D. 
All vendors using propane or flammable materials will be required to have a fire extinguisher at their stand with the rating of five pounds dry chemical or equivalent. Failure to have a fire extinguisher with a rating as stated will result in suspension of a vendor's license and a fine of $25.
A. 
Landowners are required to buy permits for the amount of space they intend to rent and are responsible for selling permits and informing renters of all special event rules and regulations. Landowners and vendors are required to sign permits acknowledging they understand and will comply with all rules and regulations. Landowners who purchase the permits for the amount of space they intend to rent by 4:30 p.m. on the Thursday prior to the special event and turn in the money for the permits by 4:30 p.m. the Thursday after the special events weekend will be given a ten-percent discount.
[Amended 7-13-1998; 9-25-2017]
B. 
Landowners renting spaces should provide port-a-john (rest room facilities) based on the quantity of their rental spaces. These should be cleaned daily and inspected regularly.
A. 
Any person (lessor) intending to lease or rent vendor spaces will be required to submit to the Town office prior to the special event a drawing of his property, divided into numbered vendor's spaces, describing the square footage.
B. 
All lessors shall have a listing of their vendors for emergency purposes.
C. 
Lessors with 20 or more vendors shall be required to furnish trash receptacles.
D. 
All lessors having vendor's stands that are 200 feet beyond the street right-of-way shall be required to provide a fire lane of no less than 15 feet in width which shall traverse the property in such a manner as to provide ready access for emergency vehicles to all parts of the property. This may mean that more than one fire lane will be needed. Such lanes shall be posted as such on the property and shall be shown on the required map mentioned above. Failure to submit a map showing the lane(s) and/or failure to provide such lanes properly marked shall result in denial of license to vendors to sell on the property involved.
[Amended 8-11-2003; 10-27-2008]
It shall be unlawful for any person who would be required to obtain a vendor's license, to buy, sell, trade, barter, or give away any live animal during the Memorial Day Flea Market or the Labor Day Gun Show and Flea Market that is held within the corporate limits of the Town of Hillsville. For the purpose of this legislation, an animal shall include, but not be limited to dogs, cats, birds, reptiles, mammals, fish, amphibians, or exotic species offered as pets. Violation of this section is a Class 3 Misdemeanor.
[Amended 6-13-2006[1]; 9-25-2017]
A. 
Vendor's license fees will be charged at the following rate per space:
Size of Space
(square feet)
Fee
Up to 200
$22
201 to 400
$35
401 to 600
$48
601 to 800
$61
B. 
For spaces greater than 800 square feet, the fees will be increased following the system outlined above. (Repeat above system of charges; examples: 1,000 square feet equals a fee of $74, 1,200 square feet equals a fee of $87 and 1,400 square feet equals a fee of $100.) A "minimum space" shall be defined as an area consisting of 200 square feet or less. A surcharge of $18 will be added for all food vendors.
[1]
Editor's Note: This legislation provided an effective date of 1-1-2007.
Yard sales will be permitted, provided that they are single-family in nature and are at the residence or property of the family conducting the sale and that the proper permit has been obtained. Nonprofit organizations may also conduct a yard sale, provided that they have secured permission from the property owner, that the goods for sale have not been purchased by the organization for resale and that the proper permit has been obtained. No vendor may sell at a yard sale.
[1]
Editor's Note: For other provisions pertaining to this topic, see Ch. 121, Sales, Special, Art. I.
[Amended 7-22-2002; 5-11-2009; 3-13-2017; 2-26-2018]
All temporary food establishments in the Town of Hillsville, Virginia, shall comply with the temporary event food facility policy of the Virginia Department of Health and also be required to do the following:
A. 
In addition to overhead covering, all temporary food establishments serving foods requiring temperature control for safety, otherwise known as TCS foods (i.e., chicken, beef, seafood, shell eggs, dairy, cooked fruits or vegetables, cut tomatoes, cut melons, etc.), shall have cooking and preparation areas protected with sneeze guards or be separated by at least 30 inches from the general public. The serving area opening or window shall not exceed 10 square feet for every 144 square feet of protected temporary food establishment area.
B. 
In addition to floors being a hard surface material (i.e., asphalt or concrete) or gravel/grass covered with a suitable material to control dust and mud such as mats or rubber-backed outdoor carpeting, all food, food contact equipment, and single-service items (plates, bowls, paper towels, eating utensils, etc.) shall be stored at a minimum of six inches off the ground or in waterproof, covered storage containers.
C. 
All temporary food establishments shall have all food contact surfaces constructed of an approved cleanable substance such as stainless steel, Formica or gloss paint. No paper, porous or raw wood is allowed for food preparation. All non-food-contact surfaces shall be easily cleanable. All screens, tent and canopy materials shall remain clean during the duration of the event.
D. 
Due to the insufficient capability of charcoal briquettes to maintain properly controlled cooking temperatures, no preparation of TCS foods, such as beef, pork, fish and poultry, shall be performed using charcoal-type grills and cookers. Alternative methods for cooking include electric and propane gas cooking equipment.
E. 
For festivals or events of more than two days' duration, any food vendor handling, preparing or holding for sale to the public foods requiring temperature control (TCS foods) shall have working electric freezer equipment to properly store frozen foods so that they remain frozen solid and working electric refrigeration that will consistently hold TCS foods at 41°F or lower.
F. 
Any vendor selling food to the public shall submit a completed application for a temporary food establishment permit and the appropriate fee to the Carroll County Health Department for each temporary food establishment location. All applications and fees shall be submitted no later 10 days prior to the event. Late applications or incomplete applications will not be processed.
G. 
All temporary food vendors shall have a person in charge (PIC) that is on site, for each location, who demonstrates food safety knowledge by holding a current and valid food protection manager certification or, at minimum, showing proof of having completed a food handler training course within the past three years from an accredited program accepted by the Carroll County Health Department. If a vendor has more than one location, each location shall have a separate PIC meeting this requirement. A copy of the certificate or proof of training shall accompany the application submission 10 calendar days before proposed opening. The only exception will be for temporary food vendors selling only prepackaged foods; however, they shall submit their application 10 days before proposed opening.
H. 
A vendor's license from the Town of Hillsville will not be issued, and therefore no food will be allowed to be served or sold, until a satisfactory inspection has been completed and a permit issued by the Health Department. These events cover a large area and there are many food vendors so it is recommended that vendors allow ample time for arrival, set up, and inspection prior to their anticipated opening. Health Department representatives will begin conducting inspections and issuing permits at least one day before food service is allowed at the event.
I. 
Any on-site-cooked foods shall be sold and/or consumed the same day of preparation. Any leftovers must be properly disposed of at the end of the food vendor's business day and shall not be held over and served on a different day. The exception to this would be if the food vendor can demonstrate approved food safety procedures to the local Health Department by submitting a hazard analysis critical control point (HACCP) plan 10 calendar days before proposed opening for approval.
J. 
All temporary food vendors shall provide customers access to a handwashing area or hand sanitizer within 50 feet of their register.
K. 
The provisions of the Code of Virginia § 35.1-1 et seq. or any successor statute shall not apply to:
(1) 
Food booths at fairs, where such booths are promoted or sponsored by any political subdivision of the state or by any charitable nonprofit organization [501c(3)] or group thereof; and
(2) 
Concession stands at youth athletic facilities or activities, if such stands are promoted or sponsored by either a political subdivision of the state; by an applicable youth athletic association; by a volunteer fire department or rescue squad; or by any charitable nonprofit organization or group thereof which has been recognized as being a part of a recreational program of the county and wherein such association or organization is located, by an ordinance or resolution of the county; and
(3) 
All those properly exempted from the provisions of the Code of Virginia § 35.1-14 or any successor statute, except as provided in this section, shall rely on the Virginia Department of Health to provide advice, consultation and expertise in the realm of food preparation and service activities for the purpose of ensuring the public's health, safety, and welfare.
L. 
Supervision of food sales as contemplated in this section shall be made by the Health Officer of the Town or a qualified person designated by such officer. Such supervision shall include:
(1) 
A requirement of notice from the food concessionaire as to the time and place of the sale of food;
(2) 
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;
(3) 
Inspections, as necessary, to determine if such operations are being conducted in a healthy environment and to provide assistance in remediation, if necessary;
(4) 
Inspections, as necessary, to determine if the authorized organizations are operating such food concessions; and
(5) 
No other supervision unless directed by future ordinance of the Town Council.
A. 
Any vendor, owner, manager or person in charge of a vendor's stand violating any provisions of a special events sales ordinance shall be guilty of a Class 3 misdemeanor.
B. 
Any property owner, tenant, manager, custodian or other person in charge of the property, after notification by the Chief of Police or an officer designated by him who allows a vendor to remain upon his property in violation of any of the special events sales ordinances shall be guilty of a Class 3 misdemeanor.
C. 
There will be a penalty of $100 for any vendor who begins selling prior to obtaining and posting the required vendors license.
[Added 3-13-2017]
D. 
Licenses not returned to Town Hall by the specified date will be assessed a late penalty of $50 per person.
[Added 3-13-2017]
E. 
Any person or entity previously receiving a license or permit pursuant to §§ 132-1, 132-2, 132-3, 132-4, 132-6, 132-7, or 132-9 who does not ensure that the property on which said person or entity operated pursuant to said permit or license is clear of trash and debris within seven days of the end of the special event shall be ineligible to receive any additional such license or permit. No person or entity shall be eligible to receive a license or permit pursuant to §§ 132-1, 132-2, 132-3, 132-4, 132-6, 132-7, or 132-9 if said person or entity has an outstanding or unresolved Town of Hillsville notice of violation concerning the property involved in the license or permit or any other property in the Town of Hillsville.
[Added 10-22-2018]
A. 
The vendor's license of anyone charged under these provisions shall be suspended until such time as the vendor comes into compliance or posts a bond with the Town in the amount of $100. This bond may be given to any officer of the Town upon due receipt of which this bond was posted. Such bond is intended to allow a vendor who disputes a charge to continue to operate pending a decision upon the charge by a court of competent jurisdiction.
B. 
Upon conviction, and after all appeals have been exhausted, said bond shall be applied first to any fines and costs assessed by the court. Upon acquittal of the charge, such bond shall be refunded to the vendor.
C. 
The posting of a compliance bond shall be separate from any appearance or other bond which may be required by a Magistrate or Judge.
D. 
Any person who operates with a suspended vendor's license shall be guilty of a Class 1 misdemeanor.