<div class="chunk-title">Sec. 8-111. - In general.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Intent.</span> The purpose of this section is to regulate the door-to-door offering for sale and
               selling of goods, wares, merchandise, food, periodicals and services and the solicitation
               of orders therefore in residential areas of the county, and to thereby promote the
               public safety and welfare.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Permit required.</span> It is unlawful for any person, firm or corporation to sell, offer for sale, or solicit
               orders for goods, wares, merchandise, food, periodicals or services by going from
               door-to-door ("peddle" or "solicit") within the county without having first secured
               a peddler/solicitor's permit from the county as provided for in this section, unless
               it is done with the prior request or invitation of the residents or occupants of the
               premises visited. Additionally, it is unlawful to peddle or solicit unless the following
               requirements are met:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Such peddling/soliciting shall be permitted only between the hours of 9:00 a.m. and
               6:00 p.m. during Eastern Daylight Time and 9:00 a.m. to 5:00 p.m. during Eastern Standard
               Time.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The peddler/solicitor permit issued for that person shall be carried and displayed
               at all times while conducting such solicitations in such a manner as to be clearly
               visible to a reasonable person of adequate vision.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               All other permits or licenses required by law shall have been obtained including,
               but not limited to, a state issued work permit if the peddler/solicitor is under 18
               years of age.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Permit applications.</span> Applications for peddler/solicitor permits under this section shall be submitted,
               with application fee set forth in county's fee schedule, to the Currituck County Sheriff's
               Department during normal business hours (Monday through Friday, 9:00 a.m. to 5:00
               p.m. Eastern Time) on a form provided by the Currituck County Sheriff's Department,
               under oath, and shall include, but not be limited to, the following information:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The full name of the applicant;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The permanent residence address of the applicant;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The applicant's temporary address in or in the vicinity of the county, if applicable;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The name, address and telephone number of the applicant's employer or the organization
               with which the applicant is associated in connection with the sale activity or solicitation
               of orders;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The type(s) of goods, wares, merchandise, food, periodicals and services to be sold
               or offered for sale;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The period for which the application is sought, which shall not exceed 60 consecutive
               calendar days; provided that the permit may be renewed for 60-day periods without
               limit, upon proper application therefore;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               A record of any and all crimes of which the applicant has been convicted or has pleaded
               no contest in the ten years preceding the submittal of the application;
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The age, height, weight, and any other additional information which the county may
               reasonably require for identification, including a copy of the document(s) used by
               the applicant to verify personal identification (e.g. driver's license, passport,
               picture I.D.);
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               A complete listing of and information concerning all other permits or licenses, such
               as privilege licenses, which were obtained by the applicant;
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               Photograph and fingerprints of the applicant made by the Currituck County Sheriff's
               Department.
               </p>
            		
            <p class="p0">
               If an application is filed by an employer, there shall also be filed separate applications
               for each peddler/solicitor giving the information set forth above for each peddler/solicitor
               and signed and sworn to by each peddler/solicitor, and a separate permit shall be
               issued for each applicant.
               </p>
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Procedures for considering applications.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Upon receipt of a complete application, the Currituck County Sheriff or designee (hereafter
               "sheriff") shall make or cause to be made such investigation as reasonably necessary
               to verify the information in the application and to assure compliance with the provisions
               of this section and shall issue a permit unless the applicant:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Has not submitted a completed application;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Is not permitted by law to engage in such activity due to age;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Has been convicted of, or has pleaded no contest to, a felony charge within the ten
               years preceding the submittal of the application;
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Has been, within the previous five years, convicted of, or pleaded no contest to,
               a misdemeanor charge involving theft, fraud, forging, uttering, or other crimes of
               like nature or any crime involving moral turpitude;
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Does not have valid driving privileges in the state in those case where the applicant
               will be operating a vehicle in the course and scope of the peddling/soliciting;
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Has not obtained any necessary licenses; or
               </p>
            		
            <p class="incr2">
               g.
               </p>
            		
            <p class="content3">
               Has a Better Business Bureau rating lower than "C."
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The Currituck County Sheriff's Department will use the North Carolina State Bureau
               of Investigation Division of Criminal Information network for background check of
               the applicant and shall approve or deny an application and issue a permit as soon
               as possible and, except in the case of extraordinary circumstances, as when a number
               of applications are submitted within a short period of time or delay in return of
               requested information from the North Carolina State Bureau of Investigation Criminal
               Information and Identification Section, should act within five business days of receipt
               of the completed application. Such issued permit shall be nontransferable.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Prior to the denial of a permit based on criminal history record information received
               from the Currituck County Sheriff's Department, the county shall verify the existence
               of a record by either obtaining a certified public record or by submitting a fingerprint
               card of the individual to the North Carolina State Bureau of Investigation Criminal
               Information and Identification Section for verification that the criminal history
               record information record belongs to the individual.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Permit renewal.</span> A peddler/solicitor permit may be renewed for an unlimited number of 60-day periods,
               provided payment of a renewal fee set forth in the county's fee schedule is made and
               an application for renewal permit is made on such form as provided by the Currituck
               County Sheriff's Department no later than the expiration date on the current valid
               permit. Applications received after that date shall be processed as new applications.
               The Currituck County Sheriff's Department shall review each application for renewal
               to determine that the applicant is in full compliance with the provisions of this
               section. If the Currituck County Sheriff's Department finds that the application meets
               the above requirements, the renewal permit shall be issued.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeals.</span> The appeal of a refusal to issue a permit or the revocation of a permit shall be
               made to the county manager by filing a written notice of appeal, specifying with particularity
               the grounds upon which the appeal is made, no later than ten days from the date of
               the refusal to issue a permit or the revocation of a permit. The county manager or
               designee ("county manager") shall fix a reasonable time for the hearing of the appeal,
               shall give due notice to all parties, and shall render a decision within a reasonable
               time. The order or decision of county manager shall be the final county action for
               the purpose of judicial review.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Revocation of permit.</span> Permits issued under this section may be revoked in accordance with <a href="" data-chunk-id="COOR_CH8LIBURE_ARTVPESO_S8-112LIPEREISSURENOHE" class="section-link" data-product-id="12419">section 8-112</a>. Additional grounds for revocation of a permit include, where evidence is presented,
               that the applicant has been arrested for a felony or a misdemeanor involving theft,
               fraud, forgery, moral turpitude, criminal trespass, or a threat to the public safety
               during the peddling/solicitation period, or has otherwise violated the provisions
               of this section. A permit which has been revoked shall be immediately surrendered
               to the sheriffs' department. Appeals of revocations may be made pursuant to the same
               process as for denied permits.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Exemptions.</span> This section shall not apply to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The delivery of goods or services which have been ordered before delivery;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The circulation of petitions for signature or lawful distribution of advertising materials,
               flyers, or materials expressing views on political, social or religious matters;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The lawful promotion or expression of views concerning political, social, religious
               and other like matters;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The sale or offering for sale of goods, wares, merchandise, food, periodicals or services
               by bona fide members or representatives of charitable, religious, civic, or fraternal
               organizations which are exempt from the payment of privilege licenses, and who receive
               no compensation of any kind for their services, and such sale or offering by children
               under the age of 18 years who are students in a public or private school for school
               activities;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The solicitation of contributions or pledges thereof for bona fide nonprofit organizations;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The sale or delivery of goods to business establishments including, but not limited
               to, agricultural establishments;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               The sale or soliciting of orders for the sale of milk, dairy products, vegetables,
               poultry, eggs, and other farm and garden produce that are produced by the seller or
               solicitor so far as the sale of such commodities named herein is now authorized by
               law.
               </p>
            		
            <p class="historynote0">
               (Ord. of 6-16-14(1), pt. I; Ord. of 9-15-14, pt. I)
               </p></div>