[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.]
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.
Sufficient evidence must be presented that all delinquent Town taxes
and fees must be paid prior to issuance of any license as provided
by § 58.1-3700 of the Code of Virginia.
[Added 9-25-2017]
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 4:30 p.m. on the Thursday prior to the special event and turn in
the money for the permits by 4:30 p.m. the Thursday after the special
events weekend will be given a ten-percent discount.
[Amended 7-13-1998; 9-25-2017]
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.
A.
Vendor's license fees will be charged at the following
rate per space:
|
Size of Space
(square feet)
|
Fee
|
|---|---|
|
Up to 200
|
$22
|
|
201 to 400
|
$35
|
|
401 to 600
|
$48
|
|
601 to 800
|
$61
|
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 $74,
1,200 square feet equals a fee of $87 and 1,400 square feet equals
a fee of $100.) 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.
Vendor's license fees for persons parking cars
will be as follows:
|
Number of Cars
|
Fee
|
|---|---|
|
Up to 25
|
$22
|
|
Up to 50
|
$35
|
|
Over 50
|
$48
|
[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.
[Amended 7-22-2002; 5-11-2009; 3-13-2017; 2-26-2018]
All temporary food establishments in the Town of Hillsville,
Virginia, shall comply with the temporary event food facility policy
of the Virginia Department of Health and also be required to do the
following:
A.
In addition to overhead covering, all temporary food establishments
serving foods requiring temperature control for safety, otherwise
known as TCS foods (i.e., chicken, beef, seafood, shell eggs, dairy,
cooked fruits or vegetables, cut tomatoes, cut melons, etc.), shall
have cooking and preparation areas protected with 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.
B.
In addition to floors being a hard surface material (i.e., asphalt
or concrete) or gravel/grass covered with a suitable material to control
dust and mud such as mats or rubber-backed outdoor carpeting, all
food, food contact equipment, and single-service items (plates, bowls,
paper towels, eating utensils, etc.) shall be stored at a minimum
of six inches off the ground or in waterproof, covered storage containers.
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 paper, porous or raw wood is allowed for
food preparation. All non-food-contact surfaces shall be easily cleanable.
All screens, tent and canopy materials shall remain clean during the
duration of the event.
D.
Due to the insufficient capability of charcoal briquettes to maintain
properly controlled cooking temperatures, no preparation of TCS 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.
E.
For festivals or events of more than two days' duration, any
food vendor handling, preparing or holding for sale to the public
foods requiring temperature control (TCS foods) shall have working
electric freezer equipment to properly store frozen foods so that
they remain frozen solid and working electric refrigeration that will
consistently hold TCS foods at 41°F or lower.
F.
Any vendor selling food to the public shall submit a completed application
for a temporary food establishment permit and the appropriate fee
to the Carroll County Health Department for each temporary food establishment
location. All applications and fees shall be submitted no later 10
days prior to the event. Late applications or incomplete applications
will not be processed.
G.
All temporary food vendors shall have a person in charge (PIC) that
is on site, for each location, who demonstrates food safety knowledge
by holding a current and valid food protection manager certification
or, at minimum, showing proof of having completed a food handler training
course within the past three years from an accredited program accepted
by the Carroll County Health Department. If a vendor has more than
one location, each location shall have a separate PIC meeting this
requirement. A copy of the certificate or proof of training shall
accompany the application submission 10 calendar days before proposed
opening. The only exception will be for temporary food vendors selling
only prepackaged foods; however, they shall submit their application
10 days before proposed opening.
H.
A vendor's license from the Town of Hillsville will not be issued,
and therefore no food will be allowed to be served or sold, until
a satisfactory inspection has been completed and a permit issued by
the Health Department. These events cover a large area and there are
many food vendors so it is recommended that vendors allow ample time
for arrival, set up, and inspection prior to their anticipated opening.
Health Department representatives will begin conducting inspections
and issuing permits at least one day before food service is allowed
at the event.
I.
Any on-site-cooked foods shall be sold and/or consumed the same day
of preparation. Any leftovers must be properly disposed of at the
end of the food vendor's business day and shall not be held over
and served on a different day. The exception to this would be if the
food vendor can demonstrate approved food safety procedures to the
local Health Department by submitting a hazard analysis critical control
point (HACCP) plan 10 calendar days before proposed opening for approval.
J.
All temporary food vendors shall provide customers access to a handwashing
area or hand sanitizer within 50 feet of their register.
K.
The provisions of the Code of Virginia § 35.1-1 et seq.
or any successor statute shall not apply to:
(1)
Food booths at fairs, where such booths are promoted or sponsored
by any political subdivision of the state or by any charitable nonprofit
organization [501c(3)] or group thereof; and
(2)
Concession stands at youth athletic facilities or activities, if
such stands are promoted or sponsored by either a political subdivision
of the state; by an applicable youth athletic association; by a volunteer
fire department or rescue squad; or by any charitable nonprofit organization
or group thereof which has been recognized as being a part of a recreational
program of the county and wherein such association or organization
is located, by an ordinance or resolution of the county; and
(3)
All those properly exempted from the provisions of the Code of Virginia
§ 35.1-14 or any successor statute, except as provided in
this section, shall rely on the Virginia Department of Health to provide
advice, consultation and expertise in the realm of food preparation
and service activities for the purpose of ensuring the public's
health, safety, and welfare.
L.
Supervision of food sales as contemplated in this section shall be
made by the Health Officer of the Town or a qualified person designated
by such officer. Such supervision shall include:
(1)
A requirement of notice from the food concessionaire as to the time
and place of the sale of food;
(2)
Meetings as necessary with the representatives of such organizations
to provide information and assistance, where necessary, to provide
a healthy environment for the sale of food;
(3)
Inspections, as necessary, to determine if such operations are being
conducted in a healthy environment and to provide assistance in remediation,
if necessary;
(4)
Inspections, as necessary, to determine if the authorized organizations
are operating such food concessions; and
(5)
No other supervision unless directed by future ordinance of the Town
Council.
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]
E.
Any person or entity previously receiving a license or permit pursuant to §§ 132-1, 132-2, 132-3, 132-4, 132-6, 132-7, or 132-9 who does not ensure that the property on which said person or entity operated pursuant to said permit or license is clear of trash and debris within seven days of the end of the special event shall be ineligible to receive any additional such license or permit. No person or entity shall be eligible to receive a license or permit pursuant to §§ 132-1, 132-2, 132-3, 132-4, 132-6, 132-7, or 132-9 if said person or entity has an outstanding or unresolved Town of Hillsville notice of violation concerning the property involved in the license or permit or any other property in the Town of Hillsville.
[Added 10-22-2018]
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.
