The text
ARTICLE I. - IN GENERAL#
Secs. 10-1—10-19. - Reserved.#
ARTICLE II. - BUSINESS AND PROFESSIONAL LICENSES#
Footnotes:
--- (1) --- Editor's note— Ord. No. 10-1018, §§ 1—21, adopted Oct. 4, 2018, has been treated by the editor as superseding former Art. II, §§ 10-20—10-27, in its entirety. Former Art. II pertained to similar subject matter and derived from the Code of 1959, §§ 5.04.010—5.04.170; 110.99; Ord. of 12-15-1986; Ord. of 2-15-1990; Ord. of 5-20-1993; Ord. of 8-5-1993; Ord. of 10-7-1993; Ord. No. 1-96, 1-4-1996; Ord. No. 2-98, 9-17-1998; Ord. No. 9-99, 10-21-1999; Ord. No. 07-03, 6-5-2003; Ord. No. 08-2004, 9-2-2004; Ord. No. 11-04, 11-4-2004; Code 2006, §§ 110.01—110.17; Ord. No. 09-2010, § 7-1-2010; Ord. No. 10-2010, 7-1-2010; Ord. of 11-1-2012, §§ 1—4; Ord. No. 05-2016, §§ 110.04, 110.05, 5-5-2016.
State Law reference— Business license fees authorized for municipalities, S.C. Code 1976, § 5-7-30.
Sec. 10-20. - License required.#
Every person engaged or intending to engage in any calling, business, occupation or profession, in whole or in part, within the limits of the town, is required to pay an annual license tax for the privilege of doing business and obtain a business license as herein provided.
(Ord. No. 10-2018, § 1, 10-4-2018)
Sec. 10-21. - Definitions.#
The following words, terms and phrases, when used in this ordinance, shall have the meaning ascribed herein:
Business means a calling, occupation, profession, or activity engaged in with the object of gain, benefit, or advantage, either directly or indirectly.
Charitable organization means an organization that is determined by the Internal Revenue Service to be exempt from Federal income taxes under 26 U.S.C. section 501 (c) (3), (4), (6), (7), (8), (10),or (19).
Charitable purpose means a benevolent, philanthropic, patriotic, or eleemosynary purpose which does not result in personal gain to a sponsor, organizer, officer, director, trustee or person with ultimate control of the organization.
Classification means that division of businesses by major groups subject to the same license rate as determined by a calculated index of ability to pay based on national averages, benefits, equalization of tax burden, relationships of services or other basis deemed appropriate by the council.
Gross income means the gross receipts or gross revenue of a business, received, or accrued, for one calendar or fiscal year collected or be collected from business done within the town, excepting therefrom income earned outside of the town on which a license tax is paid by the business to some other town or a county and fully reported to the town. Gross income for agents means gross commissions received or retained, unless otherwise specified. Gross income for insurance companies means gross premiums written. Gross income for business license tax purposes shall not include taxes collected for a governmental entity, escrow funds, or funds which are the property of a third party. The value of bartered goods, or trade-in merchandise shall be included in gross income. The gross receipts or gross revenues for business license purposes may be verified by inspection of returns and reports filed with the Internal Revenue Service, The South Carolina Department of Revenue, the South Carolina Department of Insurance, or other government agencies.
License official means a person designated to administer this article.
Licensee means the business, the person applying for the license on behalf of the business, an agent or legal representative of the business, a person who receives any part of the net profit of the business, or a person who owns or excercises control of the business.
Municipality means the Town of Ridgeland, South Carolina.
Person means any individual, firm, partnership, LLP, LLC, cooperative non-profit membership, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate, holding company, or other group or combination acting as a unit, in the singular or plural, and the agent or employee having charge or control of a business in the absence of the principal.
(Ord. No. 10-2018, § 2, 10-4-2018)
Sec. 10-22. - Purpose and duration.#
The business license levied by this article is for the purpose of providing such regulation as may be required for the business subject thereto and for the purpose of raising revenue for the general fund through a privilege tax. Each yearly license shall be issued for the twelve-month period of May 1 to April 30. The provisions of this article and the rates herein shall remain in effect from year to years as amended by the council.
(Ord. No. 10-2018, § 3, 10-4-2018)
Sec. 10-23. - License tax.#
(a)
The required license tax shall be paid for each business subject hereto according to the applicable rate classification on or before the due date of the 30th day of April in each year, except for those businesses in Rate Class 8 for which a different due date is specified.
(b)
A separate license shall be required for each place of business and for each classification or business conducted at one place. If gross income cannot be separated for classifications at one location, the license tax shall be computed on the combined gross income for the classification requiring the highest rate. A license tax based on gross income shall be computed on the gross income for the preceding calendar or fiscal year, and on a twelve -month projected income based on the monthly average for a business in operation for less than one year. The tax for a new business shall be computed on the estimated probable gross income stated in the license application for the balance of the license year. The initial tax for an annexed business shall be prorated for the number of months remaining in the license year. No refund shall be made for a business that is discontinued.
(Ord. No. 10-2018, § 4, 10-4-2018)
Sec. 10-24. - Registration required.#
(a)
The owner, agent or legal representative of every business subject to this article, whether listed in the classification index or not, shall register the business and make application for a business license on or before the due date of each year; provided, a new business shall be required to have a business license prior to operation within the Town, and an annexed business shall be required to have a business license within thirty (30) days of the annexation. A license for a bar (NAICS 722410) must be issued in the name of the individual who has been issued a State alcohol, beer or wine permit or license and will have actual control and management of the business.
(b)
Application shall be on a form provided by the license official which shall contain the Social Security Number and/or the Federal Employer's Identification Number, the business name as reported on the South Carolina income tax return, and all information about the applicant and the Licensee and the business deemed appropriate to carry out the purpose of this article by the license official. Applicants may be required to submit copies of portions of state and federal income tax returns reflecting gross receipts and gross revenue figures.
(c)
The applicant shall certify under oath that the information given in the application is true, that the gross income is accurately reported, or estimated for a new business, without any unauthorized deductions, and that all assessments, personal property taxes on business property and other monies due and payable to the town have been paid.
(Ord. No. 10-2018, § 5, 10-4-2018)
Sec. 10-25. - Deductions, exemptions, and charitable organizations.#
(a)
No deductions from gross income shall be made except income earned outside of the town on which a license tax is paid by the business to some other town or a county, fully reported to the town, taxes collected for a governmental entity, or income which cannot be included for computation of the tax pursuant to state or federal law. The applicant shall have the burden to establish the right to exempt income by satisfactory records and proof.
(b)
No person shall be exempt from the requirements of the article by reason of the lack of an established place of business within the town, unless exempted by state or federal law. The license official shall determine the appropriate classification for each business in accordance with the latest issue of the North American Industry Classification System (NAICS) for the United States published by the Office of Management and Budget. No person shall be exempt from this ordinance by reason of the payment of any other tax, unless exempted by state law and no person shall be relieved of liability of payment of any other tax or fee by reason of application of this article.
(c)
A charitable organization shall be exempt from the business license tax on its gross income unless it is deemed a business subject to a business license tax on all or part of its gross income as provided in this section. A charitable organization or any for-profit affiliate of a charitable organization, that reports income form for-profit activities, or unrelated business income, for federal income tax purposes to the Internal Revenue Service shall be deemed a business subject to a business license tax on the part of its gross income from such for-profit activities or unrelated business income.
A charitable organization shall be deemed a business subject to a business license tax on its total gross income if (1) any net proceeds of operation, after necessary expenses of operation, inure to the benefit of any individual or any entity that is not itself a charitable organization as defined in this article, or (2) any net proceeds of operation, after necessary expenses of operation, are used for a purpose other than a charitable purpose as defined in this article. Excess benefits or compensation in any form beyond fair market value to a sponsor, organizer, officer, director, trustee or person with ultimate control of the organization shall not be deemed a necessary expense of operation.
(Ord. No. 10-2018, § 6, 10-4-2018)
Sec. 10-26. - False application unlawful.#
It shall be unlawful for any person subject to the provisions of this article to make a false application for a business license or give or file, or direct the giving or filing of, any false information with respect to the license or tax required by this article.
(Ord. No. 10-2018, § 7, 10-4-2018)
Sec. 10-27. - Display and transfer.#
(a)
All persons shall display the license issued to them on the original form provided by the license official in a conspicuous place in the business establishment at the address shown on the license. A transient or non-resident shall carry the license upon his person or in a vehicle used in the business readily available for inspection by any authorized agent of the town.
(b)
A change of address must be reported to the license official within ten days after removal of the business to a new location and the license will be valid at the new address upon written notification by the license official and compliance with zoning and building codes. Failure to obtain the approval of the license official for a change of address shall invalidate the license and subject the licensee to prosecution for doing business without a license. A business license shall not be transferable and a transfer of controlling interest shall be considered a termination of the old business and the establishment of a new business requiring a new business license, based on old business income.
(Ord. No. 10-2018, § 8, 10-4-2018)
Sec. 10-28. - Administration of article.#
The license official shall administer the provisions of this article, collect license tax, issue license, make or initiate investigations and audits to insure compliance, initiate denial or suspension and revocation procedures, report violations to the town attorney, assist in prosecution of violators, produce forms, make reasonable regulations relating to the administration of this article, and perform such other duties as may be duly assigned.
Sec. 10-29. - Inspection and audits.#
(a)
For the purpose of enforcing the provisions of this article, the license official or other authorized agent of the town is empowered to enter upon the premises of any person subject to this article to make inspections, examine and audit books and records. It shall be unlawful for any such person to tail or refuse to make available the necessary books and records. In the event an audit or inspection reveals that the licensee has filed false information, the costs of the audit shall be added to the correct license tax and late penalties in addition to other penalties provided herein. Each day of failure to pay the proper amount of license tax shall constitute a separate offense.
(b)
The license official shall have the authority to make inspections and conduct audits of businesses within the town to insure compliance with the ordinance. Financial information obtained by inspections and audits shall not be deemed public records, and the license official shall not release the amount of license taxes paid or the reported gross income of any person by name without written permission of the licensee, except as authorized by this article, state or federal law, or proper judicial order. Statistics compiled by classifications are public records.
(Ord. No. 10-2018, § 10, 10-4-2018)
Sec. 10-30. - Assessments, payment under protest, appeal.#
(a)
If a person fails to obtain a business license or to furnish the information required by this article or the license official, the license official shall examine such records of the business or any other available records as may be appropriate, and conduct such investigations and statistical surveys as the license official may deem appropriate to assess a license tax and penalties as provided herein.
(b)
A notice of assessment shall be served by certified mail or personal service. An application for adjustment of the assessment may be made to the license official within five days after the notice is mailed or personally served or the assessment will become final. The license official shall establish a uniform procedure for hearing an application for adjustment of assessment and issuing a notice of final assessment.
A final assessment may be appealed to the council only by payment in full of the assessment under protest within five days and the filing of written notice of appeal within ten days after payment pursuant to the provisions of this article relating to appeals to council.
(Ord. No. 10-2018, § 11, 10-4-2018)
Sec. 10-31. - Delinquent license taxes, partial payment.#
(a)
For non-payment of all or any part of the correct license tax, the license official shall levy and collect a late penalty of five percent of the unpaid tax for each month or portion thereof after the due date until paid. Penalties shall not be waived. If any license tax remains unpaid for 60 days after its due date, the license official shall report it to the municipal attorney for appropriate legal action.
(b)
Partial payment may be accepted by the license official to toll imposition of penalties on the portion paid; provided, however, no business license shall be issued or renewed until the amount of the tax due, with penalties, has been paid.
(Ord. No. 10-2018, § 12, 10-4-2018)
Sec. 10-32. - Notices.#
The license official may, but shall not be required to, mail written notices that license taxes are due. If notices are not mailed, there shall be published a notice of the due date in a newspaper of general circulation within the town three times prior to the due date in each year. Failure to receive notice shall not constitute a defense to prosecution for failure to pay tax due or grounds for waiver of penalties.
(Ord. No. 10-2018, § 13, 10-4-2018)
Sec. 10-33. - Denial of license.#
(a)
The license official shall deny a license to an applicant when the license official determines:
(1)
The application is incomplete, contains a misrepresentation, false or misleading statement, evasion or suppression of a material fact; or
(2)
The activity for which a license is sought is unlawful or constitutes a public nuisance per se or per accidents; or
(3)
The applicant, license or prior licensee or the person in control of the business has been convicted, within the previous ten years, of an offense under a law or article regulating business, a crime involving dishonest conduct or moral turpitude related to a business or a subject of a business or an unlawful sale of merchandise or prohibited goods; or
(4)
The applicant, Licensee or prior Licensee or the person in control of the business has engaged in an unlawful activity or nuisance related to the business or to a similar business in the town or in another jurisdiction; or
(5)
The applicant, Licensee or prior Licensee or the person in control of the business is delinquent in the payment to the town of any tax or fee; or
(6)
The license for the business or for a similar business of the Licensee in the town or another jurisdiction has been denied, suspended or revoked in the previous license year.
(b)
A decision of the license official shall be subject to appeal to council as herein provided. Denial shall be written with reasons stated.
(Ord. No. 10-2018, § 14, 10-4-2018)
Sec. 10-34. - Suspension or revocation of license.#
When the license official determines: (1)
A license has been mistakenly or improperly issued or issued contrarty to law; or
(2)
A Licensee has breached any condition upon which the license was issued or has failed to comply with the provisions of this ordinance; or
(3)
A Licensee has obtained a license through a fraud, misrepresentation, a false or misleading statement, evasion or suppression of a material fact in the license application; or
(4)
A Licensee has been convicted, within the previous ten years, of an offense under a law or ordinance regulating business, a crime involving dishonest conduct or moral turpitude related to a business or subject of a business, or an unlawful sale of merchandise or prohibited goods; or
(5)
A Licensee has engaged in an unlawful activity or nuisance related to the business; or
(6)
A Licensee is delinquent in the payment to the town of any tax or fee, the license official shall give written notice to the licensee or person in control of the business within the town by personal service or certified mail that the license is suspended pending a hearing before council for the purpose of determining whether the license is should be revoked.
The notice shall state the time and place at which the hearing is to be held, which shall be at a regular or special council meeting within 30 days from the date of service of the notice, unless continued by agreement. The notice shall contain a brief statement of the reasons for suspension and proposed revocation and a copy of the applicable provisions of this article.
(Ord. No. 10-2018, § 15, 10-4-2018)
Sec. 10-35. - Appeals to council.#
(a)
Any person aggrieved by a decision, final assessment, proposed revocation, suspension, or a denial of a business license by the license official may appeal the decision to the council by written request stating the reasons therefore, filed with the license official with ten days after service by mail or personal service of the notice of decision, final assessment, proposed revocation, suspension or denial.
(b)
An appeal or a hearing on proposed revocation shall be held by the council with 30 days after receipt of a request for appeal or service of notice of suspension at a regular or special meeting of which the applicant or licensee has been given written notice, unless continued by agreement. At the hearing all parties shall have the right to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The rules of evidence and procedure prescribed by Council shall govern the hearing. Council shall be majority vote of members present render a written decision based on findings of fact and application of the standards herein which shall be served upon all parties or their representatives and shall be the final decision of the town.
(Ord. No. 10-2018, § 16, 10-4-2018)
Sec. 10-36. - Consent, franchise or license required for use of streets.#
(a)
It shall be unlawful for any person to construct, install, maintain or operate in, on, above or under any street or public place under control of the town any line, pipe, cable, pole, structure or facility for utilities, communications, cablevision or other purposes without a consent agreement or franchise agreement issued by the council by ordinance that prescribes the term, fees and conditions for use.
(b)
The annual fee for use of streets or public places authorized by a consent agreement or franchise agreement shall be set by the ordinance approving the agreement and shall be consistent with limits set by state law, existing franchise agreements shall continue in effect until expiration dates in the agreements. Franchise and consent fees shall not be in lieu of or be credited against business license taxes unless specifically provided by the franchise or consent agreement.
(Ord. No. 10-2018, § 17, 10-4-2018)
Sec. 10-37. - Confidentiality.#
Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any official or employee to divulge or make known in any manner the amount of income or any particulars set forth or disclosed in any report or return requirements under this article. Nothing in this section shall be construed to prohibit the publication of statistics so classified as to prevent the identification of particular reports or returns. Any license data may be shared with other public officials or employees in the performance of their duties, whether or not those duties relate to enforcement of the license ordinance.
(Ord. No. 10-2018, § 18, 10-4-2018)
Sec. 10-38. - Violations.#
Any person violating any provision of this article shall be deemed guilty of an offense and shall be subject to a fine of up to $500.00 or imprisonment for not more than 30 days or both, upon conviction. Each day of violation shall be considered a separate offense. Punishment for violation shall not relieve the offender of liability for delinquent taxes, penalties, and costs provided for herein.
(Ord. No. 10-2018, § 19, 10-4-2018)
Sec. 10-39. - Severability.#
A determination that any portion of this article is invalid or unenforceable shall not affect the remaining portions.
(Ord. No. 10-2018, § 20, 10-4-2018)
Sec. 10-40. - Classification and rates.#
(a)
The classifications of buisnesses included in each rate class are listed with United States North American Industry Classification System (NAICS) codes, by sector, sub-sector, group or industry. The Business License Class Schedule (Appendix B) is a tool for classification and not a limitation on businesses subject to a license tax. The business classification, pursuant to the most recent version of the business license class schedule adopted by the council, most specifically identifying the subject business, shall be applied to the business. The license official shall have the authority to make the determination of the business classification most specifically applicable to a subject business.
(b)
The license tax for each class of businesses subject to this ordinance shall be computed in accordance with the current business license rate schedule, designated as Appendix A to this ordinance, which may be amended from time to time by the council. A copy of the class schedule and rate schedule shall be filed in the office of the town clerk.
(Ord. No. 10-2018, § 21, 10-4-2018)
Secs. 10-41—10-57. - Reserved.#
ARTICLE III. - ITINERANT VENDORS#
DIVISION 1. - IN GENERAL#
Sec. 10-58. - Definitions.#
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:
Itinerant vendor (peddler) means any person, whether principal or agent, who engages in a temporary or transient retail business in the town, either in one locality or in traveling from place-to-place, selling goods, wares and merchandise, and who, for the purpose of carrying on the business, may hire, lease or occupy any building, structure or lot for the exhibition and sale of the goods, wares, and merchandise.
Operator means the owner or operator of any space, lot or structure of any kind, whether fixed or mobile, or leased, loaned or rented to an itinerant vendor.
Temporary or transient business means any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building, or other structure, unless the place is open for business during usual business hours for a period of at least six months in each year.
(Code 1995, § 5.12.010; Code 2006, § 111.01; Ord. No. 02-2009, § 111.01, 2-5-2009)
Sec. 10-59. - Applicability.#
The provisions of this article shall not apply to: (1)
Bona fide sales of goods, wares and merchandise by sample for future delivery;
(2)
An annual fair;
(3)
Any general sale, fair, auction or bazaar sponsored by an ecclesiastical society or church corporation;
(4)
Garage sales on premises devoted to residential use where permitted by law;
(5)
The sale of crafts or items made by hand when sold or offered for sale by the person making the crafts or handmade items.
(Code 1995, § 5.12.020; Code 2006, § 111.02)
Sec. 10-60. - No relief or exemption by association.#
No itinerant vendor shall be relieved or exempted from the provisions of this article by reason of associating him temporarily with any local dealer, auctioneer, trader or merchant or by conducting the temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant.
(Code 1995, § 5.12.030; Code 2006, § 111.03)
Sec. 10-61. - License fees.#
License fees for operators and itinerant vendors shall be determined periodically by the town council.
(Code 1995, § 5.12.040; Code 2006, § 111.04)
Sec. 10-62. - License; display required; duration and exception.#
Each itinerant vendor shall display a current business license from the town and his retail license to do business from the state tax commission in a conspicuous manner prior to conducting business at the place the itinerant vendor displays his merchandise for sale. The license issued to an itinerant vendor shall be valid for ten days. An itinerant vendor shall be allowed to obtain no more than two licenses in one calendar year. An exception is allowed for an itinerant vendor engaged in selling or dealing with agricultural products. Such a license is valid until December 31 in the year issued.
(Code 1995, § 5.12.050; Code 2006, § 111.05; Ord. No. 02-2009, § 111.05, 2-5-2009)
Sec. 10-63. - License required for rental of space.#
(a)
No operator shall rent, lease or lend any space, lot or structure without first requiring the itinerant vendor to show his town business license and state retail license as required by S.C. Code 1976, § 12-36-51. The operator shall record the state retail license number, along with the name, address, driver's license number, or other sufficient identification and any fee charged to the vendor. A record shall be maintained by the operator in an up-to-date manner and shall be made available to any person upon demand.
(b)
No operator shall sponsor or offer to rent, lease or lend any space, lot or structure to an itinerant vendor unless the operator is in possession of a current town business license.
(Code 1995, § 5.12.060; Code 2006, § 111.06)
Sec. 10-64. - Penalty.#
Penalty for violation of this article shall be as set forth in section 1-14. Each day a violation of this article shall continue shall constitute a separate offense.
(Code 1995, § 5.12.080; Code 2006, § 111.99)
Secs. 10-65—10-69. - Reserved.#
DIVISION 2. - REGULATION OF MOBILE FOOD VENDORS#
Sec. 10-70. - Definitions.#
Mobile food vendor is defined as any person selling food from a mobile vehicle—This includes a food trailer, food truck and mobile food Vendor Vehicle as defined in this section.
Mobile food vendor vehicle is defined as a self-contained, motorized vehicle mounted food service unit that returns daily to its base of operations as approved by South Carolina DHEC and is used for either the preparation or the sale of food products, or for both.
Food truck is defined as an enclosed motor vehicle equipped with facilities for preparing, cooking and selling various types of food products.
Food trailer (concession style) is defined as an enclosed attached or detached trailer that is equipped with facilities for preparing, cooking and selling various types of food products.
Mobile market food truck is defined as an enclosed motor vehicle equipped with facilities for the sale of locally grown fresh produce. The produce sold is in its original form and has not been altered or cooked in any other way inconsistent with it coming fresh from the fields and/or gardens in which it was grown.
Catering truck is defined as a truck, van, or similar vehicle from which the vendor offers for sale foods and beverages that are prepackaged. It serves mostly manual labor type venues (example: construction sites).
Ice cream truck is defined as a motor vehicle containing a commercial freezer and from which a vendor sells frozen prepackaged food products such as ice cream, frozen yogurt, frozen custard, flavored frozen water and similar.
(Ord. No. 06-2020, § 1, 7-4-2020)
Sec. 10-71. - Required.#
It shall be unlawful for any person to engage in business as a mobile food vendor within the town without first obtaining a Town of Ridgeland business license to do so. Upon being granted a business the vendor must comply with the affirmative mandates and must not violate the prohibitions regarding sales, operations, locations, and restrictions contained in this division. The failure to do so may result in the revocation or suspension of the business license.
At the time of application for a business license, the mobile food vendor must provide proof of general liability insurance for operation of the vehicle as a motor vehicle and the conduct of the business if the business is to be conducted on public streets or town-owned property. The vendor shall secure and maintain an automobile liability insurance coverage issued by a company authorized in the State of South Carolina in the amount of at least $1,000,000.00 for injury to or death of any person or persons in any one incident and $1,000,000.00 for property damage, and the policy shall list the Town of Ridgeland as an additional insured.
Each licensed mobile food vendor must maintain for patrons' use a least one 30-gallon trash receptacle to accept the litter being generated by the sales from the vendor's vehicle at the point of sales. The receptacle must be maintained in such a manner as to preclude an overflow of refuse. The town highly encourages recycling receptacles for recyclable material. Each vendor shall pick up litter which is associated with the vendor's sales in the vicinity of the vendor's mobile food vehicle prior to departing a sales location. A pattern of leaving excessive litter caused by product packaging shall be a basis of suspension or revocation of the business license.
Mobile food vendors are required to supply their own electricity no extension cords shall be used to supply vendor with power from any other electrical source on site. Additionally, water, sewer or electrical connections to an existing building are strictly prohibited.
Mobile food vendors are strictly prohibited from discharging any pollutants, waste, grease, gray water or any other materials into the Town's sewer system or storm water drains.
Mobile food vendors shall be limited to edibles and hot and cold beverages containing no alcohol. The selling of nonfood or drink items shall limited to merchandise displaying the mobile food vendor company logo and/or branding. No items may be displayed outside of the vehicle.
The licensee must provide to the town, at time of application for a business license, proof of public liability insurance in the currently required amount by the State of South Carolina. Failure to maintain this insurance can result in immediate revocation of the license. All mobile food vendors must be self-contained and not utilize any outside power source.
Mobile food vendor shall prominently display the original South Carolina DHEC (Department of Health Environmental Control) food inspection report that shows a posted grade, unless exempt.
(Ord. No. 06-2020, § 2, 7-4-2020)
Sec. 10-72. - Streets and public property.#
(a)
Ice cream trucks.
(1)
Ice cream trucks must not operate within town center/main street (T-5), unless approved by the town as part of a permitted special event or contracted with the planning and community development department.
(2)
In all locations outside the T-5, ice cream trucks must remain mobile, except for periodic stops for short periods of time in order to make a sale.
(3)
The allowable hours of operation are between 9:00 a.m. and one-half hour before sunset, as stated for that day for the Ridgeland area by the National Weather Service.
(4)
Ice cream truck may not sound any device which produces an offensive or loud noise to attract customers, and shall not use any public address system on the vehicle to broadcast or advertise products. A bell or musical recording may be sounded for a period not to exceed five minutes to announce the arrival of the vehicle at each location.
(b)
Food trucks, mobile market food truck.
(1)
Food trucks and mobile market food truck are prohibited from operations on any street, sidewalk, alley, trail, or other right of way or on any town owned property, including plazas and parks, unless approved by the town as part of a permitted special event or contracted with the planning and community development or parked in a town designated food truck parking space within the assigned dates and times.
(2)
Mobile food truck and mobile market food trucks that are part of a permitted special event from out of town or out of state will not be required to obtain the mobile food vendor decal. They will be required to obtain the SC DHEC permit and pass the general maintenance requirements.
(3)
No mobile food vendor shall sound any device which produces an offensive or loud noise to attract customers, and vendors shall not use any public address system on the vehicle to broadcast or advertise products.
(Ord. No. 06-2020, § 3, 7-4-2020)
Sec. 10-73. - Mobile food vendors on private property.#
Food trucks, mobile market food truck, ice cream trucks and catering trucks. All Mobile Food Vendors shall be subject to the following regulations in their operation on private property. (1)
No mobile food vendor shall operate within 250 feet from the door of a lawfully established eating establishment that is actively open for business serving customers unless the food truck vendor provides documentation that the restaurant owner supports a closer proximity. If a restaurant opens within the 250-foot zone after the mobile food vendor has their annual decal, the food truck vendor may remain in that location until the following annual permit is due at which time they would have a obtain written permission from the new restaurant owner.
(2)
Mobile food vendors will be only be permitted to locate in Zoned areas T-5, T-4 and SD-21. In addition, a mobile food vendor operating under this division shall submit to the town an application that must include:
a.
The written permission from the private property owner for each location.
b.
A list of all request sites to include the property owner and physical address.
(3)
No mobile food vendor shall operate outside the hours of 8:00 a.m.to 10:00 p.m. However, a mobile food vendor may apply for additional authorization to operate after 10:00 p.m. but under no conditions later than 1:00 a.m. the following day. At the end of each business day's operation, the vendor shall remove from the parcel the mobile food vendor vehicle and all materials and refuge associated with the business.
(4)
No mobile food vendor shall sound any device which produces an offensive or loud noise to attract customers, and vendors shall not use any public address system on the vehicle to broadcast or advertise products.
(5)
Catering trucks cannot serve to the general public.
(Ord. No. 06-2020, § 4, 7-4-2020)
Sec. 10-74. - Contents of application.#
Applicants for a permit under this division shall file with the town clerk a sworn application in writing on a form to be furnished by the town clerk, which shall give the following information: (1)
The name and a description of the applicant.
(2)
The applicant's permanent street address and mailing address.
(3)
A brief description of the nature of the business and goods to be sold.
(4)
A copy of the vehicle(s) registration and insurance
(5)
Color photographs of the vehicle(s) interior and exterior in sufficient number to provide permitting officials to be familiar with all the exterior and interior views of the mobile food vendor vehicle. Such other relevant information as may be reasonably required by Town after a review of the submission of the above material in order to assure a full review of information needed to assess the impact of the proposed operation on the health, safety, and well-being of the public.
(Ord. No. 06-2020, § 5, 7-4-2020)
Sec. 10-75. - Submitting false information.#
It shall be unlawful for any person to provide any false or misleading information in connection with his application for a permit required by this subdivision or to withhold relevant information otherwise required.
(Ord. No. 06-2020, § 6, 7-4-2020)
Sec. 10-76. - Mobile food vendor town business license and display.#
Each applicant upon being issued a business license must display on the front right windshield's lower corner, or at such other location as the town in writing shall approve. There shall be due at the time of application a fee for the permit and decal in an amount set by the town manager in a schedule of fees. When the annual permit expires on December 31 of any given year, the fee shall also be due upon the applicant submitting a renewal application.
(Ord. No. 06-2020, § 7, 7-4-2020)
Sec. 10-77. - Records.#
The town clerk shall keep a permanent record of all permits issued under this division.
(Ord. No. 06-2020, § 8, 7-4-2020)
Sec. 10-78. - Term.#
Every business license issued under the provisions of this division shall be issued for the twelve-month period of May 1 st to April 30 th .
(Ord. No. 06-2020, § 9, 7-4-2020)
Sec. 10-79. - General maintenance requirements.#
(a)
All exterior body work and mechanical equipment of any mobile food truck vendor shall be maintained in good and clean condition and free of excessive wear or damage.
(b)
All exterior paint work shall be maintained in good condition, free of substantial scratches, chips, rust, dents and abrasions.
(c)
All windshield and window glass shall be maintained free from cracks, scratches, pitting, abrasions or any other conditions that may cause a hazard or reduce clarity of vision below the level specified by the manufacturer.
(d)
Any other type of damage or possible public hazard deemed appropriate by the town code enforcement officer.
(Ord. No. 06-2020, § 10, 7-4-2020)
Sec. 10-80. - Inspections.#
(a)
Nothing in this ordinance shall be construed as limiting or replacing the role of South Carolina DHEC (Department of Health and Environmental Control), which has the primary task of inspecting mobile food vendors.
(b)
The town code enforcement officer or his agents shall have the right, at any time, after displaying proper identification, to enter into or upon any mobile food vendor vehicle for the purpose of ascertaining whether or not any of the provisions of this division are being violated.
Any mobile food vendor vehicle which is found, after any town inspection, to be unsafe or in non-compliance with this division may be directed to be out of operation until the cited deficiency is corrected, and before again being placed in service shall be delivered to the inspector at a designated point for re-inspection. Every mobile food vendor must institute a system of regular weekly inspections of all the vendor's mobile food vendor vehicle(s) and equipment and must keep all equipment in proper repair and sanitary conditions at all times.
(Ord. No. 06-2020, § 11, 7-4-2020)
ARTICLE IV. - GARAGE SALES AND YARD SALES#
Sec. 10-81. - Definition.#
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:
Garage sales, yard sale, etc. means the sale or trading of clothing, furniture, household items, food, dishes, antiques, women's/men's accessories, toys, sporting goods, or similar goods or merchandise, other than in the normal course of business, or the sale or trading of such goods, as outlined in this definition, by a person not regularly engaged in such business. Such goods or merchandise do not need to be attended for a sale to be deemed to be in existence. The term "yard sale" shall include garage sales, carport sales, tent sales, sales from vehicles or trucks and similar types of sales or events.
(Ord. No. 01-2017, § (a), 3-2-2017)
Sec. 10-82. - Location and manner of yard sale.#
Yard sales may be held on a lot or parcel of land upon which there is situated a house, apartment or other structure which is utilized primarily for residential purposes. Yard sales are prohibited upon vacant lots and upon lots upon which there is situated a structure that is utilized primarily for any use other than residential purposes.
(Ord. No. 01-2017, § (b), 3-2-2017)
Sec. 10-83. - Hours of operation, number per calendar year, and duration.#
Yard sales may commence no earlier than 8:000 a.m. and shall conclude by 5:00 p.m. Yard sales shall be allowed not more than four times in any calendar year for any premises. No sale may run more than two consecutive days. An exception is granted for religious and charitable organizations exempt from federal taxation pursuant to section 501(c)(B).
(Ord. No. 01-2017, § (c), 3-2-2017)
Sec. 10-84. - Display area.#
All displays of yard sale merchandise shall be limited to that portion of the front yard area which is at least five feet back from the property line on all sides, and at last ten feet back from any curb or road edge.
(Ord. No. 01-2017, § (d), 3-2-2017)
Sec. 10-85. - Religious and charitable organizations.#
Religious and charitable organizations exempt from federal taxation pursuant to section 501(c)(B) of the Internal Revenue Code may conduct yard sales on the property of the organization or at other locations within the city with the expressed written consent of the owner of the premises where the yard sale is being conducted.
(Ord. No. 01-2017, § (e), 3-2-2017)
Sec. 10-86. - Signage.#
No signs pertaining to the yard sale shall be placed on town property. Signs may be placed on private property only with the permission of the property owner. All yard sale signs must be taken down within 24 hours after termination of the yard sale.
(Ord. No. 01-2017, § (f), 3-2-2017)
Sec. 10-87. - Prohibited acts.#
(a)
No individual, firm, corporation, limited liability company or other partnership shall be permitted to engage in the business of promoting or conducting yard sales for others for a fee or other consideration.
(b)
It is a violation of this article to hold a yard sale on premises other than the premises of a least one of the persons conducting the yard sale.
(c)
It is a violation of this article to hold a yard sale on public or private right-of-ways, or on town property.
(Ord. No. 01-2017, § (g), 3-2-2017)