[Adopted 7-9-2018]
The County Sheriff's Department and any special conservators
of the peace employed by the Board of Supervisors and empowered to
enforce litter control ordinances and statutes shall have concurrent
jurisdiction to enforce this article.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any sale operated out of a single-family dwelling or multifamily
dwelling that does not involve the sale of items purchased for the
purpose of resale.
Those individuals who are related as either brother, sister,
son, daughter, father or mother.
For the purpose of license taxation, any peddler, as herein
defined, who engages in, does, or transacts any temporary or transient
business in Buchanan County; who conducts his or her business in any
place other than a fixed structure or building that is subject to
building code standards.
For the purpose of license taxation, any person who shall
carry from place to place any nonagricultural goods, wares, or merchandise
and offer to sell or barter the same, or actually sell or barter the
same.
A.
All itinerant peddlers, as herein defined, who offer for sale any
item of goods for a price in excess of $150, must obtain a license
from Buchanan County to conduct business in the County. The license
fee shall be established by separate resolution of the Board of Supervisors
but shall not exceed a maximum of $5,000. (Exhibit A). The County
Administrator or his designee shall be responsible for issuing licenses
under this section.
B.
Anyone desiring to obtain an itinerant peddler license to operate
within the County shall apply to the County Administrator, or her
designee, and pay a fee as provided by separate resolution of the
Board of Supervisors. An itinerant peddler's license shall be valid
for a period not to exceed 12 months. The license shall state the
approximate location(s) the licensee intends to operate during the
term of the license. Prior to operating at a location not stated on
the license, the licensee shall provide the County Administrator written
notice of the new location seven days in advance in writing.
C.
A license shall be issued to anyone who pays the appropriate fee;
completes an appropriate application form; and presents proper identification,
including federal and state tax identification, provided the specifications
set forth in their applications comply with the requirements of this
article. Proper identification may include a current driver's license
or photographic identification issued by the Division of Motor Vehicles
of any state, and a physical address. The application form should
include the name and address and identify the company or organization
for whom the person is making the application, if any; the nature
of the vending that is to occur; the locations and times where and
when the vending is to occur; any vehicles which will be used; and
the person employed by the licensee to be present during vending.
The Administrator, or her designee, may revoke any license in the
event the County Administrator discovers any material inaccurate or
false statements in the application.
Itinerant peddlers are prohibited from operating in the following
areas of the County:
A.
Within 20 feet along Virginia State Route 83.
B.
Within 20 feet along United States Highway 460.
C.
Within 20 feet of Virginia State Route 80.
D.
Within 20 feet of any United States highway or other primary Virginia
state routes not mentioned herein.
E.
Within 20 feet of any public road where the posted speed limit is
55 miles per hour or higher.
No itinerant peddler shall:
A.
Conduct roadside vending within 50 feet of the entrance or exit to
the grounds of any elementary or secondary school between one hour
prior to the start of the school day and one hour after dismissal
at the end of the school day.
B.
Leave any stand or motor vehicle unattended.
Store, park, or leave any stand overnight on any road or street
or park any motor vehicle other than in a lawful parking place in
conformance with County and state parking regulations.
C.
Sell food or beverages for immediate consumption unless there is
available for public use the vendor's own or a public litter receptacle.
D.
Leave any location without first picking up, removing, and disposing
of all trash, refuse, garbage or litter remaining from the sales,
vending, or operation conducted.
E.
Conduct any roadside business in such a way as would restrict or
unreasonably interfere with the ingress or egress of the occupants
of abutting property owners; create or become a public nuisance; increase
traffic congestion or delay; or constitute a hazard to traffic, life
or property; or obstruct adequate access for fire, police, or sanitation
vehicles.
F.
Conduct any business in a location where there is not provision for
adequate parking off the public road or right-of-way.
G.
Conduct any roadside vending within 50 feet of the entrance of any
hospital, fire department, or ambulance service.
Any itinerant peddler license may be denied, suspended or revoked
for any of the following causes:
A.
Fraud or misrepresentation contained in the application for the license.
B.
Fraud or misrepresentation made in the course of carrying on the
business of vending.
C.
Conduct of the licensed business in such a manner as to create a
public nuisance or constitute a danger to the public health, safety,
welfare or morals.
D.
Conduct which is contrary to the provisions of this article.
E.
Conviction of violation of this article within the previous year.
A.
Any person violating any provision of this article shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine not
to exceed $500.
B.
Any person found guilty of a second offense under this article may
be punished by imprisonment not to exceed 30 days.
C.
Any person found guilty of a third offense under this article shall
be guilty of a Class I misdemeanor.
A.
The licensure provisions of this article shall not apply to a farmer
or cooperative association of farmers selling raw produce or food
grown by such farmer or cooperative association; nor shall the licensure
provisions of this article apply to a farmer or cooperative association
of farmers selling produce or foods that are cooked, packaged, or
prepared by such farmer or cooperative association of farmers.
B.
The licensure provisions of this article shall not apply to organizations
designated as a tax-exempt charitable organization pursuant to Sections
501(c) and (d) of the Internal Revenue Code or to any religious organization
or church body conducting such sale on land owned by such religious
organization or church body exempted from local real property taxation
by the Commissioner of Revenue.
C.
No licensure permit fee shall be charged to any bona fide and recognized
charitable or civic organizations.
D.
The provisions of this article shall not be applicable to businesses
occupying permanent structures or enclosures which are in compliance
with building code regulations.
E.
The licensure provisions of this article shall not apply to yard
sales or garage sales conducted for less than four consecutive days
and less than 10 total days within any month.
F.
The provisions of this article shall not be applicable within the
jurisdiction of any incorporated towns within the County.
G.
The licensure provisions of this article shall not apply to the sale
of handmade arts and crafts which are being sold by the artist or
craftsman, a cooperative association of artists or craftsman, who
made the item, or by an immediate family member thereof.
Any itinerant peddler conducting business pursuant to a license
granted under this article must present a copy of said license to
any authorized enforcement official upon request. The license shall
be printed on a form that includes the name and address of the applicant
in bold print. Copies of active licenses shall be available for public
inspection at the Buchanan County administrative offices.
A.
In the event the County Administrator discovers that a licensee has failed to comply with this article or any of the conditions of the license, failed to operate as the licensee represented in their application, or performed any conduct described in § 88-84, the County Administrator shall deliver a notice of intent to revoke the license, stating a time and place the County Administrator will consider revoking the license and hear any evidence pertaining thereto.
B.
The licensee may appear at that time and place before the County
Administrator to be heard regarding why the license should not be
revoked. The County Administrator may amend the license, revoke the
license, or issue a new license. The notice herein described shall
be delivered at least 48 hours prior to the hearing.
C.
If the license is revoked or amended in a manner not acceptable to the licensee, the licensee may appear before the Board of Supervisors at its next regularly scheduled meeting and request a reinstatement of his or her license. Upon consideration of such request the Board shall determine whether the licensee violated this article and/or failed to comply with the terms of the license, operated in a place or in a manner not described in his or her application for the license, or performed any of the conduct described in § 88-84. The Board may reinstate the license or order the issuance of an amended license. The Board may not waive any requirement of the ordinance.
D.
The County Administrator's authority to revoke a license pursuant
to this section is a civil proceeding. Nothing in this section shall
impose any procedural requirement on law enforcement officers to enforce
this article or in any way divest them of jurisdiction to do so.
