<div class="chunk-title">Sec. 7-21. - Intent; permit requirements and applications; revocation of permits; exceptions.</div>
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            <p class="incr0">
               (a)
               
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            <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 countywide, and to thereby promote the public safety and welfare.
               This chapter is written in accordance with the provisions of G.S. Â§ 153A-125 and G.S.
               Â§Â§ 66-250 through 66-259.
               
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            <p class="incr0">
               (b)
               
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            <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") or to beg or panhandle, 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. This permit is only required for areas of Martin
               County that are unincorporated (there may be additional permits required by other
               municipalities) and this permit shall not supersede or interfere with any ordinance
               or law of those localities. Additionally, it is unlawful to peddle, solicit, beg,
               or panhandle unless the following requirements are met:
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               Such peddling, soliciting, begging or panhandling shall be permitted only between
               the hours of 9:00 a.m. and 6:00 p.m.
               
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            <p class="incr1">
               (2)
               
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               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.
               
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            <p class="incr1">
               (3)
               
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               All other permits or licenses required by law shall have been obtained.
               
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            <p class="incr0">
               (c)
               
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               <span class="ital">Permit applications.</span>
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               Applications for peddler/solicitor permits under this section shall be submitted to
               include a $25.00 permit fee during normal business hours (Monday through Friday, 9:00
               a.m. to 5:00 p.m.) on a form provided by the sheriff's office and shall include, but
               not be limited to, the following information:
               
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            <p class="incr2">
               a.
               
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               The full name of the applicant;
               
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               b.
               
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               The permanent residence address of the applicant;
               
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            <p class="incr2">
               c.
               
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               The applicant's temporary address in or in the vicinity of the county, if applicable;
               
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               d.
               
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               The name and address of the applicant's employer or the organization with which the
               applicant is associated in connection with the begging, panhandling, sale activity,
               or solicitation of orders;
               
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            <p class="incr2">
               e.
               
            </p>
            		
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               A description of the automobile or other vehicle to be used in the business, including
               make, model, body style, color and license number;
               
            </p>
            		
            <p class="incr2">
               f.
               
            </p>
            		
            <p class="content3">
               The type of donations, goods, wares, merchandise, food, periodicals and services to
               be requested, sold or offered for sale;
               
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               g.
               
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            <p class="content3">
               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="incr2">
               h.
               
            </p>
            		
            <p class="content3">
               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="incr2">
               i.
               
            </p>
            		
            <p class="content3">
               The age, height, weight, and any other additional information which the county may
               reasonably require for identification, including a copy of the document used by the
               applicant to verify personal identification (e.g., driver's license, passport, picture
               I.D.);
               
            </p>
            		
            <p class="incr2">
               j.
               
            </p>
            		
            <p class="content3">
               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">
               (2)
               
            </p>
            		
            <p class="content2">
               If an application is filed by an employer, there shall also be filed separate applications
               for each peddler, solicitor, beggar and panhandler, giving the information set forth
               above for each peddler, solicitor, beggar and panhandler 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 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;
               
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            <p class="incr2">
               b.
               
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               Is not permitted by law to engage in such activity due to age;
               
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            <p class="incr2">
               c.
               
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            <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;
               
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            <p class="incr2">
               d.
               
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            <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 cases where the applicant
               will be operating a vehicle in the course and scope of the peddling, soliciting, begging,
               or panhandling; or
               
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            <p class="incr2">
               f.
               
            </p>
            		
            <p class="content3">
               Has not obtained any necessary licenses.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               The sheriff 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, should act within five business days
               of receipt of the completed application. Such issued permit shall be nontransferable.
               
            </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 an application for renewal is made on such form as provided by the sheriff's
               office no later than the expiration date on the current valid permit. Applications
               received after that date shall be processed as new applications. The sheriff shall
               review each application for renewal to determine that the applicant is in full compliance
               with the provisions of this section. If the sheriff's office 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 sheriff's office 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 sheriff's
               office or designee 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 the sheriff 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 at the discretion of the sheriff
               or if evidence arises that the permit application was falsified in any way. 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 sheriff's
               office. 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">
               A peddler or an itinerant merchant who sells only one or more of the following types
               of merchandise:
               
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            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               Farm or nursery products produced by the merchant;
               
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            <p class="incr2">
               b.
               
            </p>
            		
            <p class="content3">
               Crafts or goods made by the merchant;
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               The merchant's own household personal property;
               
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            <p class="incr2">
               d.
               
            </p>
            		
            <p class="content3">
               Wood for fuel produced by the merchant; and/or
               
            </p>
            		
            <p class="incr2">
               e.
               
            </p>
            		
            <p class="content3">
               Ice, seafood, meat, poultry, livestock, eggs, dairy products, bread, cakes or pies;
               produced by the merchant.
               
            </p>
            		
            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               A peddler or an itinerant merchant who is an authorized automobile dealer licensed
               pursuant to G.S.<a href="" data-chunk-id="PTIICOOR_CH20ROBROTPUPL" class="section-link" data-product-id="15271"> Chapter 20</a>.
               
            </p>
            		
            <p class="incr1">
               (3)
               
            </p>
            		
            <p class="content2">
               A peddler or an itinerant merchant who is a nonprofit charitable, educational, religious,
               scientific or civic organization.
               
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            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               An itinerant merchant who meets any of the following descriptions:
               
            </p>
            		
            <p class="incr2">
               a.
               
            </p>
            		
            <p class="content3">
               Locates at a farmer's market;
               
            </p>
            		
            <p class="incr2">
               b.
               
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            <p class="content3">
               Is part of the state fair or an agriculture fair that is licensed by the commissioner
               of agriculture pursuant to G.S. Â§ 106-520.3; and/or
               
            </p>
            		
            <p class="incr2">
               c.
               
            </p>
            		
            <p class="content3">
               Sells goods at an auction conducted by an auctioneer licensed pursuant to G.S. Chapter
               85B.
               
            </p>
            		
            <p class="incr1">
               (5)
               
            </p>
            		
            <p class="content2">
               A peddler who complies with the requirements of G.S. Â§Â§ 25A-38 through 25A-42, or
               who complies with the requirements of G.S. Â§ 14-401.13.
               
            </p>
            		
            <p class="incr1">
               (6)
               
            </p>
            		
            <p class="content2">
               The delivery of goods or services which have been ordered before delivery.
               
            </p>
            		
            <p class="incr1">
               (7)
               
            </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">
               (8)
               
            </p>
            		
            <p class="content2">
               The lawful promotion or expression of views concerning political, social, religious
               and other like matters.
               
            </p>
            		
            <p class="incr1">
               (9)
               
            </p>
            		
            <p class="content2">
               The sale or delivery of goods to business establishments.
               
            </p>
            		
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="15271" data-ordinance-id="727128">
                  Ord. of 5-13-2015(2)
                  </a>
               )
               
            </p></div>