Charleston, S.C., City Code § 17-109 Palmetto artisan permit—Required.
Sec. 17-109. - Palmetto artisan permit—Required.
(1) No person between the ages of nine (9) and eighteen (18), unless still enrolled in high school, shall engage in the selling of palmetto art products within the corporate limits of the city without first obtaining a palmetto artisan permit in compliance with the provisions of this article and the rules and regulations of the City of Charleston's Youth Palmetto Art and Business Program. Copies of the program rules and regulations shall be made available to the public by the city's recreation department. Individuals over the age of eighteen (18) who are not still in high school who sell palmetto art products shall be considered peddlers for the purposes of this chapter.
(2) Application for a palmetto artisan permit.
Applicants for a palmetto artisan's permit under this article shall complete an application for a Palmetto Artisan's permit and file it with the city's revenue collections department, which shall give the following information:
(a) Name and proof of age of the applicant;
(b) Permanent home and local address of the applicant;
(c) Name and contact information for parent or legal guardian;
(d) Name of School and location;
(e) Date of city of Charleston's Youth Palmetto Art and Business Program orientation attendance;
(f) A statement that the applicant will abide by all of the rules and regulations of the city of Charleston's Youth Palmetto Art and Business Program;
(g) A statement indicating whether or not the applicant has been convicted of a felony or misdemeanor. If so, the nature of the offense, the date and place of the offense, and the punishment imposed;
(h) A recent photograph of the individual showing the head and the shoulders of the applicant in a clear and distinguishing manner; and
(i) Applicants must apply for the permit with the signed consent of their parent or legal guardian.
(3) Investigation of palmetto artisan applicant; issuance. The Recreation Department in conjunction with the Charleston Police Department shall issue a palmetto artisan's permit within fourteen (14) days as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, they find that:
(a) The applicant has not had a permit suspended or revoked within the twelve (12) months immediately preceding the date of the application for a permit;
(b) There are no material omissions, untrue or misleading information contained in or omitted from the permit application;
(c) The applicant is between the ages of nine (9) and seventeen (17) or is eighteen (18) and still in high school;
(d) The applicant has successfully completed the City of Charleston's Youth Palmetto Art and Business Program orientation;
(e) The applicant has not received six (6) or more Palmetto Artisan Program violations in the past twelve (12) months.
(f) The applicant has not been convicted of a felony or a misdemeanor involving a sex offense, controlled substances, or any violent acts against person or property;
(g) There are no warrants outstanding against the applicant; and
(h) The applicant's parent or guardian has signed the application.
If as a result of such investigation, the application for a permit is denied, the individual denying the permit shall endorse on such application his disapproval and notify the applicant of the reasons for denial.
If as a result of such investigation, the application is granted, both the Charleston police department and the city revenue collections division shall endorse on the application their approval, and the city revenue collections division shall execute a permit addressed to the applicant. The director of revenue collections shall inquire into the nature of the business, the anticipated volume of sales and other details necessary to determine the amount of any business license fee required by the annual city business license ordinance. Upon payment of such prescribed business license fee and permit fee by the applicant, the director of revenue collections shall deliver to the applicant his permit and license.
(4) Palmetto artisan's permit—Revocation. Palmetto artisan's permits issued under the provisions of this article may be revoked by the committee on business licenses after notice and hearing, for any of the following causes:
(a) Fraud, misrepresentation, or false statement contained in the application for the permit;
(b) Fraud, misrepresentation or false statement made in the course of carrying on the activity allowed under the permit;
(c) Any violation of this article;
(d) Conviction of a felony, misdemeanor or ordinance violation involving a sex offense, controlled substances, fraud, deceit or misrepresentation or any violent acts against person or property;
(e) Conducting the permitted activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the; or
(f) Failure to possess the identification required by section 17-105.
Notice of the hearing for a revocation of a palmetto artisan's permit shall be given in writing, setting forth specifically the grounds for the revocation, and the time and place of the revocation hearing. Such notice shall be mailed, postage prepaid, to the permittee at the address listed on their permit application at least ten (10) days prior to the date set for the revocation hearing.
(5) Appeals. Any person aggrieved by the action of the chief of police or the revenue collections director in the denial of a permit as provided in this Section shall have the right to appeal to the city of Charleston's Committee on Business Licenses by filing with the city's clerk of council a statement in writing setting forth plainly and fully the grounds for the appeal. The appeal shall be filed within thirty days after the aggrieved person receives actual notice of the decision of the chief of police or the revenue collections director.
Any person aggrieved by the action of the committee on business licenses in the revocation of a permit as provided in this section shall have the right to appeal to the circuit court in and for the County of Charleston by filing with the clerk of court a petition in writing setting forth plainly and fully why the decision is contrary to law. The appeal must be filed within thirty (30) days after the aggrieved person receives actual notice of the decision of the committee on business licenses.
(Ord. No. 2014-40, § 1, 3-25-14; Ord. No. 2016-076, § 3, 6-21-16; Ord. No. 2019-014, § 2, 2-16-19)