§ 113.02. Temporary business.

(A)

A transient merchant, itinerant merchant or itinerant vendor shall be deemed to engage in a temporary business of selling and delivering goods, wares, foods and food products, and merchandise within the meaning of this chapter if the business is conducted within the town for less than six consecutive months, except in case of discontinuance for one or more of the reasons hereinafter mentioned.

(B)

When a salesperson or merchant beginning a business applies for a town privilege license under the privilege license ordinance and G.S. Chapter 105, it shall be the duty of the salesman or merchant prior to beginning the business to state in writing to the Town Clerk or his or her duly authorized agent or assistant his or her intention to operate as a regular merchant from a building and property location within the town properly zoned under the zoning ordinance for the business.

(C)

If after investigating the facts and circumstances regarding the salesman or merchant and his or her stated intention to operate as a regular merchant for six months or longer, the Town Clerk or his or her duly authorized agent may, in his or her discretion, require the salesperson or merchant to post a satisfactory bond or make a cash deposit in the amount required by § 113.18, if the Town Clerk or his or her assistant finds that there is a reasonable basis to believe that the merchant or salesperson may operate as an itinerant merchant. The bond or deposit shall be forfeited to the town if such salesperson or merchant discontinues business in the town within less than six months for any reason other than death or disablement of the salesperson or merchant, insolvency of the business, or destruction of the stock, machinery and property of the business by fire or other catastrophe. The bond or deposit shall be payable to the town and shall have the same or similar conditions as required by § 113.18. Additionally, the bond may be used for payment of any fees required by this chapter. When any salesperson or merchant, having been first required to post the bond or deposit, has conducted the business for six consecutive months, or has discontinued the business within six months for one of the reasons specifically mentioned herein, he or she shall be entitled to have the bond canceled or the deposit returned.

(1992 Code, § 11-167; Ord. passed 7-8-1985)