North Carolina § 127B-4 - Local governing authorities to grant and control license; bond.

§ 127B-4. Local governing authorities to grant and control license; bond.

The governing body of any city, town, or county in this State 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 property sales facility. 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. 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 governing body the following information: 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; Current address, and all addresses used by the applicant during the preceding five years; Physical description; Age; Driver's license number, if any, and state of issuance; Recent color photograph; Record of felony convictions; and Record of other convictions during the preceding five years. Every person, partnership, association or corporation so licensed to carry on the business of a military property sales facility shall, at the time of receiving a license, file with the governing body of the city, town, or county granting the license, a bond payable to the city, town, or county in the sum of one thousand dollars ($1,000), 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 governing body. The bond shall be for the faithful performance of the requirements and obligations pertaining to the business licensed. The governing body, 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 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. History (1985, c. 522, s. 1.) Opinions of Attorney General Facility May Purchase Property at Another Facility. - Subsection (a) does not prohibit a military property sales facility from purchasing military property at the place of business of another military property sales facility. However, the purchasing facility would have to make a record of the transaction in compliance with G.S. 127B-6(a). See opinion of Attorney General to Mr. Paul M. Starzynski, Member, Onslow County Board of Commissioners, 55 N.C.A.G. 42 (1985).