<div class="chunk-title">Sec. 32-3. - Licenses.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Pursuant to G.S. 153A-46 and 153A-136, the board of commissioners may grant a license
               to any person to engage in the collection and disposal of solid waste. The board may
               grant a license under this chapter for the exclusive right to collect, transport,
               and dispose of solid waste for compensation within the entire county or within specified
               areas of the county and may prohibit unauthorized persons from engaging in the same
               service within the area where the exclusive right has been granted. The license shall
               be displayed at the licensee's place of business.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               All applicants for a license to collect, transport, store, and dispose of solid waste
               and recyclable materials and own and operate a materials recovery facility shall file
               written application with the county manager on or before one year prior to the expiration
               of the existing franchise contract and shall furnish the following information:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The name and address of the applicant and the nature of the business entity with full
               disclosure of all ownership interests.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A list of the equipment possessed, available, or to be obtained by the applicant.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The number of employees the applicant expects to use in the operation of the business.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Previous experience of the applicant in solid waste collection, transport, disposal,
               and materials facility recovery management.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               A balance sheet or equivalent financial statement prepared by a certified public accountant
               or other person satisfactory to the board of commissioners as of the close of the
               applicant's last business year, showing the net worth of the business. All such financial
               data submitted in compliance with the requirements of this subsection shall be confidential
               and shall not be regarded as public information.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Plan routes and areas of the county the applicant expects to serve.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               The schedule of fees the applicant plans to charge.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Any other information the board of commissioners may request.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               If a license is withdrawn, surrendered, or a change is otherwise indicated by the
               parties or the operation of law, the board of commissioners reserves the right to
               review information, take application, and take the appropriate action on any other
               time schedule as is appropriate.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               The board of commissioners prefers a single franchise to provide all of the services
               stated in this section, including but not limited to collection, transportation, storage,
               and disposal of solid waste as well as management of a materials recovery facility,
               but reserves the right to enter into more than one franchise agreement with each element
               of the solid waste service, including but not limited to collection, transportation,
               storage, and disposal of solid waste as well as management of a materials recovery
               facility.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Existing contracts shall be subject to a yearly review with the information designated
               in subsection (b) of this section being presented to the county manager upon his request
               at any time during the fiscal year when a franchise contract is in operation.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The county manager may bring before the board of commissioners applications for licenses
               and/or a review of existing contracts to collect, transport, and dispose of solid
               waste and own and operate a materials recovery facility at least six months prior
               to the expiration of an existing franchise agreement. The board of commissioners shall
               award an exclusive license for the collection of solid waste in each of the areas.
               The term of the license shall not exceed 30 years from the effective date and is renewable.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               The board of commissioners reserves the right to receive applications for licenses
               and the right to create additional areas out of any one or more of the areas previously
               designated. Applications must be filed with the county manager at least 90 days prior
               to the board meeting at which the application will be reviewed.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               The county manager may temporarily suspend any license granted if the licensee fails
               or is unable to properly perform the duties covered by the license and contract. The
               licensee may request in writing to the county manager a hearing before the board of
               commissioners in order that the licensee may justify why such license should not be
               revoked. Such requests shall be received by the county manager no later than ten calendar
               days following notice of license suspension. After hearing the appeal, the board of
               commissioners shall revoke or reinstate the license.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               If a license has been revoked pursuant to subsection (h) of this section or surrendered
               by the licensee, the county manager shall receive applications for the area involved.
               The board of commissioners may grant a license to an applicant at the expiration of
               the appeal process in subsection (h) of this section. The license shall commence on
               the date of the meeting and end the subsequent June 30.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               The licensee shall serve every person who contracts with it for solid waste collection
               in such a manner that the licensee does not cause the person to be in violation of
               this chapter. The licensee shall not discriminate against any person for contract
               purposes in violation of the Civil Rights Act, as amended, on the basis of race, color,
               creed, religion, national origin, physical impairment, or sex.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               Before the county issues a license pursuant to this chapter, the county manager shall
               determine that all facilities, equipment, and proposed operating methods the applicant
               plans to use in the solid waste collection business are in compliance with this chapter
               and applicable regulations of the state.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to engage in the business of collecting, transporting,
               and disposing of solid waste, outside of any municipality, but within any of the areas
               in the county set out in this section, except under the authority in full force and
               effect given by a license as provided for in this section.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 2012-18, 11-19-2012)
               </p></div>