§ 18-111. Permit requirements.

(a)

No itinerant merchant will operate within the town limits without a permit issued by the chief of police.

(b)

An application for a permit will include the following information:

(1)

An identification card acceptable by the chief of police or his designee.

(2)

The applicant's full name, date of birth, Social Security number, current address, a description of the good or service offered for sale, the name, address and telephone number of the person or business from which any products will be shipped.

(3)

A sworn statement of any convictions or arrests of any person named in subsection (b)(2) of this section for any felony or crime involving fraud, theft, or receiving or possessing stolen goods.

(4)

A complete set of fingerprints provided by the applicant.

(5)

Two photographs, no larger than three inches by three inches ,taken within 60 days of the date of application for a permit.

(6)

If the applicant or the company represented is of unknown financial responsibility by the chief of police, he may require a surety bond to the town in an amount not to exceed $5,000.00 issued by a surety company licensed to do business in the state or approved by the clerk of superior court of the county conditioned that the applicant will comply will all laws and ordinances regulating itinerant merchants and guaranteeing to any citizen of the town that all money paid as a down payment will be accounted for and applied according to the representation of the itinerant merchant and further guaranteeing that all purchases will be delivered according to the itinerant merchant's representations. Action on the bond may be brought in the name of the town to the benefit of the aggrieved person.

(7)

A non-refundable application processing fee of $100.00.

(8)

A written statement by a licensed physician of the county dated not more than ten days prior to the date of application certifying the applicant to be free of contagious, infectious or communicable diseases.

(c)

Prior to issuance of a permit the police department will conduct a background investigation of the applicant and institute a five-day waiting period. No permit will be issued until a background investigation has been completed. The results of the background investigation will be used by the chief of police to determine if an applicant will be issued a permit. If in the judgment of the chief of police issuance of a permit is not in the best interest of public safety no permit will be issued. The decision of the chief of police will be final.

(d)

Door-to-door solicitation or similar activities are restricted to the hours of 9:00 a.m. to 7:00 p.m.

(e)

All permits issued under this section shall be effective throughout the fiscal year issued but only for the activity for which it is issued.

(f)

The chief of police may elect to waive any or all provisions of this section for any charitable organization providing appropriate documentation that it is tax exempt under section 501(c)(3) of the Internal Revenue Code or he may also waive any or all provisions in this section for organizations or individuals conducting activities known by the chief of police to be of substantial benefit to the community and/or philanthropic in nature. This section will not apply to those engaged in the sale of vegetable produce, however, all other applicable state and local regulations will remain in effect.

(Code 1999, § 18-212; Ord. of 11-19-2001, § 1)