Military Property Sales Fac Licensing OrdinanceMILITARY PROPERTY SALES FACILITY LICENSING
ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
W I T N E S S E T H:
During its 1985 Session, the General Assembly of North Carolina
passed into law an act regulating military property sales facilities.
The act has been codified and is now Article 1 of Chapter 127B of
the North Carolina General Statutes.
N.C. Gen. Stat. § 12713-3 provides in part the following:
No person, partnership, association or corporation
shall engage in the business of selling military property
or purchasing military property for resale without first
having obtained a license to do so from the local governing
body of the city, town, or county in which it is located
and by paying the county, State and municipal tax required
by law, and otherwise complying with the requirements made
in this and succeeding sections.
Section 1278 -4(a) of the Article states that the governing body
of a county may grant to such person, partnership, association or
corporation as who shall produce satisfactory evidence of good
character, a license authorizing such person, partnership,
association or corporation to carry on the business of a military
sales facility.
The Board of Commissioners of Harnett County, pursuant to the
authority granted to it in N.C. Gen. Stat. $ 12713-4, now desires to
enable persons, partnerships, associations, or corporations who
produce satisfactory evidence of good character to carry on the
business of a military sales facility and to that end now adopt this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS that as provided by N.C. Gen. Stat. Chapter 127B,
Article 1:
1. The Military Property Sales Licensing Ordinance of Harnett
County, North Carolina, attached hereto as Exhibit A and incorporated
herein by reference be and is hereby adopted.
2. That said Ordinance shall be effective from and after
February 3, 1986.
This the 3d day of February, 1986.
HARNETT COUNTY BOARD OF COMMISSIONERS
BY: �
esse 1 h n, Chairman
ATTEST:
Vanessa W. Yo g, erk
EXHIBIT A
MILITARY PROPERTY SALES FACILITIES LICENSING
ORDINANCE OF HARNETT COUNY, NORTH CAROLINA
MILITARY PROPERTY SALES FACILITIES LICENSING
ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
Harnett County Board of Commissioners
Jesse Alphin, Chairman
Lloyd G. Stewart, Vice Chairman M. H. (Jack) Brock
W. A. (Bill) Shaw
M. H. (Jack) Brock
County Manager
0
Rudy Collins
John M. Phelps, II
Bryan, Jones, Johnson & Snow
Attorneys for Harnett County
TABLE OF CONTENTS
ARTICLE I Title, Purpos
Jurisdiction,
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Section 1.05
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
e, Authority,
Effective Date
Title . . . .
Purpose . . .
Authority . .
Jurisdiction .
Effective Date
DEFINITIONS
Section 2.01 Military Property Sales
Facility . . . . . . . . . . .
Section 2.02 Military Property . . . .
Section 2.03 Administrative Official
Military Property Sales Facilities
Prohibited Without License . . . . . . . . .
Licensing Procedure . . . . . . . . . . . .
Section 4.01 License Granted . . . . . . .
Section 4.02 Content of License . . . . . .
Section 4.03 Application for License
Section 4.04 Bond Required . . . . . . . .
Section 4.05 Cost of License . . . . . . .
Records . . . . . . . . . . . . . . . . . .
Posting License . . . . . . . . . . . . . .
Perjury and Penalties . . . . . . . . . . .
Section 7.01 Perjury . . . . . . . . . . .
Section 7.02 Penalties . . . . . . . . . .
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MILITARY PROPERTY SALES FACILITIES LICENSING
ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
ARTICLE I
TITLE, PURPOSE, AUTHORITY, JURISDICTION, EFFECTIVE DATE
Section 1.01 Title
This Ordinance shall be known and may be cited as the Military
Property Sales Facilities Licensing Ordinance.
Section 1.02 PurDOse
The purpose of this Ordinance is to enable suitable persons,
partnerships, associations or corporations to carry on the business
of a military sales facility in Harnett County.
Section 1.03 Authorit
The provisions of this Ordinance are adopted under authority
granted by N.C. Gen. Stat. Chapter 12713, Article 1.
Section 1.09 Jurisdiction
This Ordinance shall govern the licensing of military property
sales facilities.
Section 1.05 Effective Date
1986.
This Ordinance shall be effective from and after February 3,
ARTICLE 11
DEFINITIONS
Section 2.01 Military Property Sales Facility
Any person, partnership, association or corporation who engages
in the business of selling, consigning, purchasing, transferring
or in any way acquiring military property for resale, is a "military
property sales facility ". Specifically excluded are facilities
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operated by the United States Government, the State of North Carolina
or any of its agencies and persons, partnerships, associations or
corporations selling or purchasing military property pursuant to a
contract with the United States Government, the State of North
Carolina or any of its agencies.
Section 2.02 Military Property
"Military property" means property originally manufactured for
the United States or State of North Carolina which is a type and
kind issued for use in, or furnished and intended for, the military
service of the United States or the militia of the State of North
Carolina.
Section 2.03 Administrative Official
The Harnett County Building Inspector shall be the
Administrative Official.
The Administrative Official shall administer and enforce this
Ordinance. He shall determine whether a license applicant has
produced satisfactory evidence of good character. He may be provided
with assistance of such other persons as the Board of Commissioners
may direct.
ARTICLE III
MILITARY PROPERTY SALES FACILITIES PROHIBITED WITHOUT LICENSE
As provided by N.C. Gen. Stat. § 127B -3, no person, partnership,
association or corporation shall engage in the business of selling
military property or purchasing military property for resale in
Harnett County without first having obtained a license to do so
from the Administrative Official and by paying the county, State,
and municipal tax required by law and otherwise complying with the
requirements made in this Ordinance.
ARTICLE IV
LICENSING PROCEDURE
Section 4.01 License Granted
Any person, partnership, association or corporation who shall
produce satisfactory evidence of good character to the Administrative
Official and adheres to the requirements of this Ordinance, shall
be granted a license authorizing such person, partnership,
association or corporation to carry on the business of a military
property sales facility.
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Section 4.02 Content of License
The license shall designate the building in which the person,
partnership, association or corporation shall carry on the business,
and no person, partnership, association or corporation shall carry
on the business of a military property sales facility without being
duly licensed, nor in any other building than the one designated in
the license.
Section 4.03 Application for License
Any person or the principal officers of any association or
corporation or all the partners of any partnership applying for a
license shall furnish the Administrative Official the following
information:
(A) Full name, and any other names used by the applicant
during the preceding five years, or in the case of a
partnership, association or corporation, the applicant
shall list any partnership, association, or corporate
names used during the preceding five years;
(B) Current address, and all addresses used by the applicant
during the preceding five years;
(C) Physical description;
(D) Age;
(E) Driver's license number, if any, and state if issuance;
(F) Recent color photograph;
(G) Record of felony convictions; and
(H) Record of other convictions during the preceding five
years.
Section 4.04 Bond Required
Every person, partnership, association or corporation se
licensed to carry on the business of a military property sales
facility shall, at the time of receiving a license, file with the
Administrative Official a bond payable to Harnett County in the sum
of one thousand ($1,000.00) dollars, to be executed by the person
licensed and by two responsible sureties, or a surety company
licensed to do business in the State of North Carolina, to be
approved of by the Administrative Official. The bond shall be for
the faithful performance of the requirements and obligations
pertaining to the business licensed. The Administrative Official
may revoke the license and sue for forfeiture of the bond upon a
breach of the licensee's duties under the bond. Any person who may
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obtain a judgment against a military property sales facility and
upon which judgment execution is returned unsatisfied may maintain
an action in his own name upon the bond of the military property
sales facility, in any court having jurisdiction of the amount
demanded to satisfy the judgment.
Section 4.05 Cost of License
The Harnett County Board of Commissioners shall set a fee,
payable to the Administrative Official, to cover the necessary
processing costs of licenses. The set fee shall be posted in the
Administrative Official's office.
ARTICLE V
lL A�t1
As provided in N.C. Gen. Stat. 4 12713-6 records shall be kept
as hereinafter provided:
(A) Every military property sales facility owner shall keep a
book inwhich shall be legiblywritten, at the time of each transaction .
involving the acquisition by any means of used or new military
property by the military property sales facility owner, his employee
or agent, from any person, partnership, association or corporation,
the following information:
(1) An account and description of the used or new mi 1 itary
property including if applicable, the manufacturer's
name, the model, the model number, the serial number
of the property, and any engraved numbers or initials
found on the property. Property lacking any
identifying mark or characteristic shall be marked
by the military property sales facility owner in
such a way as to allow clear identification of the
property.
(2) The amount of money paid;
(3) The date of the transaction; and
(4) The name and residence of the person selling,
consigning or transferring the used or new military
property.
(B) The military property sales facility owner, or his employee
or agent shall require that the person selling the new or used
military property, to present two forms of positive identification
to him before the military property sales facility personnel may
complete any transaction regarding the buying, consigning or
acquiring of new or used military property. The presentation of
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anyone state or federal government issued identification containing
a photographic representation imprinted on it shall constitute
compliance with the identification requirements of this paragraph.
The military property sales facility owner or his employee or agent
shall legibly record this identification information next to the
person's name and residence in the book required to be kept. Both
the military property sales facility owner, his employee or agent
and the seller, consignor or transferor of the military property
shall sign the record entry.
(C) The book shall be a permanent record to be kept at all
times on the premises of the place of business of the military'
property sales facility and shall be made available, during regular
business hours, to any law enforcement officer who requests to
inspect the book. A copy of the records required to be kept by
this section shall be filed within 48 hours of the transaction in
the office of the Harnett County Sheriff. Mailing the required copy
to the Harnett County Sheriff within 48 hours shall constitute
compliance with this section.
ARTICLE VI
POSTING LICENSE
Any license obtained pursuant to this Ordinance shall be posted
in a prominent place, easily visible to the public, on thedesignated
premises.
ARTICLE VII
PERJURY AND PENALTIES
Section 7.01 Perjur
As provided in N.C. Gen. Stat. § 12713-5 , any person who shall
willfully commit perjury in any application for a license pursuant
to this Ordinance shall be guilty of a misdemeanor.
Section 7.02 Penalties
As provided in N.C. Gen. Stat. § 127B -7, any dealer who violates
the provisions of this Ordinance shall be guilty of a misdemeanor
and upon conviction shall be fined not more than five hundred dollars
($500.00) or imprisoned for not more than six months, or both. In
addition, any dealer convicted of violating this Ordinance shall
be ineligible for a dealer's permit for a period of three years
from the date of conviction. Each violation shall constitute a
separate and distinct offense.
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