Town of Hillsville, VA
Carroll County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Hillsville 10-11-1978 as Secs. 19-12 and 19-13 of the 1978 Code; amended in its entirety 11-11-1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 42.
Peddling and soliciting — See Ch. 112.
Special sales — See Ch. 121.
Zoning — See Ch. 171.
All persons not otherwise licensed or permitted to sell under Chapter 144, Taxation, Article VII, License Tax, shall be required to obtain a vendor's license to sell during special events.
A. 
Vendors licenses will be valid from 7:00 a.m. on Friday to 6:00 p.m. the following Monday. Vendors whose activity is selling parking spaces to the general public may do so beginning Thursday morning at 6:00 a.m. All merchandise should be covered until the event opens Friday morning. Food vendors may begin selling on Thursday.
B. 
All sales by vendors must be from a stationary location. No house-to-house selling will be allowed during special events weekend, and no peddler's licenses will be issued.
C. 
Five-foot safety zone.
(1) 
For safety reasons, no portion of a vendor's stand shall be located closer than five feet to an adjoining sidewalk or, in the absence of a sidewalk, not less than five feet from the edge of the pavement of the adjoining street. For the purposes of this section, a vendor's stand will not be considered as adjoining the sidewalk or street if it is separated by a permanent fence at least 36 inches in height or a wall at least 36 inches in height that has been in existence at least 30 days prior to the special events weekend and which wall or fence has been constructed and maintained by the landowner, the Town or the state.
(2) 
No item or article for sale, display or advertisement will be allowed within this five-foot section between the street or sidewalk and the vendor's stand.
(3) 
No vehicles will be parked within the five-foot safety zone unless it is the normal and permanent parking place of a resident and then can only be used by that resident.
D. 
All vendors using propane or flammable materials will be required to have a fire extinguisher at their stand with the rating of five pounds dry chemical or equivalent. Failure to have a fire extinguisher with a rating as stated will result in suspension of a vendor's license and a fine of $25.
A. 
Landowners are required to buy permits for the amount of space they intend to rent and are responsible for selling permits and informing renters of all special event rules and regulations. Landowners and vendors are required to sign permits acknowledging they understand and will comply with all rules and regulations. Landowners who purchase the permits for the amount of space they intend to rent by 5:00 p.m. on the Thursday prior to the special event and turn in the money for the permits by 5:00 p.m. the Tuesday after the special events weekend will be given a ten-percent discount.
[Amended 7-13-1998]
B. 
Landowners renting spaces should provide port-a-john (rest room facilities) based on the quantity of their rental spaces. These should be cleaned daily and inspected regularly.
A. 
Any person (lessor) intending to lease or rent vendor spaces will be required to submit to the Town office prior to the special event a drawing of his property, divided into numbered vendor's spaces, describing the square footage.
B. 
All lessors shall have a listing of their vendors for emergency purposes.
C. 
Lessors with 20 or more vendors shall be required to furnish trash receptacles.
D. 
All lessors having vendor's stands that are 200 feet beyond the street right-of-way shall be required to provide a fire lane of no less than 15 feet in width which shall traverse the property in such a manner as to provide ready access for emergency vehicles to all parts of the property. This may mean that more than one fire lane will be needed. Such lanes shall be posted as such on the property and shall be shown on the required map mentioned above. Failure to submit a map showing the lane(s) and/or failure to provide such lanes properly marked shall result in denial of license to vendors to sell on the property involved.
[Amended 8-11-2003; 10-27-2008]
It shall be unlawful for any person who would be required to obtain a vendor's license, to buy, sell, trade, barter, or give away any live animal during the Memorial Day Flea Market or the Labor Day Gun Show and Flea Market that is held within the corporate limits of the Town of Hillsville. For the purpose of this legislation, an animal shall include, but not be limited to dogs, cats, birds, reptiles, mammals, fish, amphibians, or exotic species offered as pets. Violation of this section is a Class 3 Misdemeanor.
[Amended 6-13-2006[1]]
A. 
Vendor's license fees will be charged at the following rate per space:
Size of Space
(square feet)
Fee
Up to 200
$21
201 to 400
$33
401 to 600
$45
601 to 800
$58
B. 
For spaces greater than 800 square feet, the fees will be increased following the system outlined above. (Repeat above system of charges; examples: 1,000 square feet equals a fee of $79, 1,200 square feet equals a fee of $91 and 1,400 square feet equals a fee of $103.) A "minimum space" shall be defined as an area consisting of 200 square feet or less. A surcharge of $18 will be added for all food vendors.
[1]
Editor's Note: This legislation provided an effective date of 1-1-2007.
[Amended 6-13-2006[1]]
Vendor's license fees for persons parking cars will be as follows:
Number of Cars
Fee
Up to 25
$21
Up to 50
$30
Over 50
$39
[1]
Editor's Note: This legislation provided an effective date of 1-1-2007.
Yard sales will be permitted, provided that they are single-family in nature and are at the residence or property of the family conducting the sale and that the proper permit has been obtained. Nonprofit organizations may also conduct a yard sale, provided that they have secured permission from the property owner, that the goods for sale have not been purchased by the organization for resale and that the proper permit has been obtained. No vendor may sell at a yard sale.
[1]
Editor's Note: For other provisions pertaining to this topic, see Ch. 121, Sales, Special, Art. I.
In addition to complying with the temporary restaurant policy of the Health Department, all temporary food establishments in the Town during special events shall also be required to do the following:
A. 
All temporary food establishments serving potentially hazardous foods (i.e., chicken, beef, etc.) shall have all but the serving area enclosed with either plywood, canvas or a screen. It shall extend from floor to ceiling. If the enclosure is of a porous nature, such as a screen, the cooking and preparation area shall have sneeze guards or be separated by at least 30 inches from the general public. The serving area opening or window shall not exceed 10 square feet for every 144 square feet of protected temporary food establishment area and may be required to have bug protection if necessary at the opening. The serving window shall be constructed in such a manner as to not allow the food product to come in contact with the screening material or structure. A sliding window is recommended for use in this regard.
B. 
All temporary food establishments serving potentially hazardous foods shall have a raised and cleanable floor surface. It shall be raised at least four inches above the ground level to protect the potentially hazardous foods.
C. 
All temporary food establishments shall have all food contact surfaces constructed of an approved cleanable substance such as stainless steel, Formica or gloss paint. No contact paper is allowed. All non-food-contact surfaces shall be easily cleanable. All screens, tent and canopy materials shall remain clean during the duration of the gun show and flea market. Raw wood surfaces are not permitted.
D. 
All applications for a temporary food establishment permit through the Health Department should be submitted at least 30 days prior to the event.
E. 
Due to the insufficient capability of charcoal briquets to maintain properly controlled cooking temperatures, no preparation of potentially hazardous foods, such as beef, pork, fish and poultry, shall be performed using charcoal-type grills and cookers. Alternative methods for cooking include electric and propane gas cooking equipment.
F. 
For festivals or events of more than two days' duration, any food vendor handling, preparing or holding for sale to the public potentially hazardous foods shall have electric refrigeration and/or freezer equipment to properly store potentially hazardous foods.
G. 
All temporary food vendors shall have their person in charge (PIC) demonstrate knowledge by being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program accepted by the Carroll County Health Department by January 1, 2003. A copy of the certificate shall accompany the application submission 30 calendar days before proposed opening. The only exception will be for temporary food vendors selling only prepackaged foods; however, they must still apply 30 days before proposed opening.
[Added 7-22-2002]
H. 
Any leftover, on-site-cooked, potentially hazardous foods (PHF's) shall be properly disposed of at the end of the food vendor's business day and shall not be held over. The exception to this would be if the food vendor can demonstrate to the Local Health Department with a Hazard Analysis Critical Control Point HACCP plan, submitted 30 calendar days before proposed opening for its approval.
[Added 7-22-2002]
I. 
All temporary food vendors shall provide customers access to a hand-washing area or hand sanitizer within 50 feet of their register.
[Added 5-11-2009]
J. 
All meals taxes are due prior to leaving the jurisdiction as permitted by § 58.1-3919 of the Code of Virginia.
[Added 3-13-2017]
A. 
Any vendor, owner, manager or person in charge of a vendor's stand violating any provisions of a special events sales ordinance shall be guilty of a Class 3 misdemeanor.
B. 
Any property owner, tenant, manager, custodian or other person in charge of the property, after notification by the Chief of Police or an officer designated by him who allows a vendor to remain upon his property in violation of any of the special events sales ordinances shall be guilty of a Class 3 misdemeanor.
C. 
There will be a penalty of $100 for any vendor who begins selling prior to obtaining and posting the required vendors license.
[Added 3-13-2017]
D. 
Licenses not returned to Town Hall by the specified date will be assessed a late penalty of $50 per person.
[Added 3-13-2017]
A. 
The vendor's license of anyone charged under these provisions shall be suspended until such time as the vendor comes into compliance or posts a bond with the Town in the amount of $100. This bond may be given to any officer of the Town upon due receipt of which this bond was posted. Such bond is intended to allow a vendor who disputes a charge to continue to operate pending a decision upon the charge by a court of competent jurisdiction.
B. 
Upon conviction, and after all appeals have been exhausted, said bond shall be applied first to any fines and costs assessed by the court. Upon acquittal of the charge, such bond shall be refunded to the vendor.
C. 
The posting of a compliance bond shall be separate from any appearance or other bond which may be required by a Magistrate or Judge.
D. 
Any person who operates with a suspended vendor's license shall be guilty of a Class 1 misdemeanor.