If you are opening a new business, there are some steps that you need to take to make your transitions easier and to comply with local and state codes and ordinances.
Obtain a Business License
In order to conduct business in the Town of Atlantic Beach, a business license must be obtained. This includes businesses that have a permanent business location in the Town. You may download a copy of the Business Registration and Inspection forms online. The application should be obtained prior to scheduling inspections. The application is available here. After all signatures are obtained on the Inspection section and the form is completed, bring forms to Town Hall with payment.
- Check for compliance with Zoning and Town Ordinance
Contact the Planning Department. A business license (AKA Business Registration) cannot be issued until the business has been approved by the Town’s Planning and Inspections Department.
- Schedule a Building Inspection (Unless location has been closed long term or ABC permits are needed, this inspection may be waived. The Planning Department will advise you if a building inspection would be required or not.)
A business license cannot be issued until the business has been inspected by the Town’s Building Inspections Department in order to ensure compliance with the NC Building Codes and Town Ordinances. The construction, installation and modification of buildings, equipment and systems may require Construction and/or Operational permits. The Planning Department and help coordinate your building inspection. Upon completion of the inspection, you will receive a copy of the form signed by the Building Inspector.
- Schedule a Fire Inspection
A business license cannot be issued until the business has been inspected by the Town’s Fire Inspections Department in order to ensure compliance with the NC Fire Code and Town Ordinances. Some operations or procedures conducted in businesses may require Operational and/or Construction permits.
- Establish Water
An application for water and trash service must be submitted to the Utilities Billing Clerk at Atlantic Beach Town Hall. A deposit may be required for service and additional water tap and impact fees may be applicable for new buildings, modifications and installation of new systems.
Utility Billing Clerk
- Special Note: Food and Alcoholic Beverages
If your business involves serving food, please remember to contact the Carteret County Health Department by calling 252-728-8550. If your business involves alcoholic beverages, please remember to contact the North Carolina Alcohol Law Enforcement by calling 252-514-4720. A State permit must be obtained from the Alcohol Beverage Control Commission. Prior to the returning the Local Government Opinion to Town Hall for the Mayor’s signature, the ABC inspection form must be completed and attached to the Local Government Opinion form.
Food Trucks and Temporary / Mobile Vendors in Atlantic Beach are considered peddlers/itinerant merchants and are prohibited in the city limits.
Article V, Section 9-91 prohibits peddling, as defined below. Essentially, whether in a food truck, pushcart, or a table under a canopy, it is prohibited to sell from any device outside of a permanent building that meets building code for that type of occupancy, whether on private or public property. There are two exceptions to this:
- We have solicited them so peddlers and solicitors are allowed at outdoor events, races, festivals or concerts on public or private property that are sponsored, co-sponsored or approved in writing by the town council, and
- Peddler may be on the premises of private condominium, multifamily, or hotel properties located within the Circle Development District (CDD), General Business (GB), Resort Services (RS) and Community Business (CB) zoning districts where they only sell prepared food to residents, tenants, and guests of that facility and are not to advertise their products or services in any manner that they can be viewed from public streets.
“Peddler means any person who shall carry or transport from place to place any goods, wares or merchandise, and who offers to sell or barter the same, or actually sells or barters the same, or who offers for sale or sells any goods from any cart, truck, automobile or other vehicle operated over and upon the streets and highways, or from any other device other than a building meeting requirements for business and mercantile as presented in sections 405.1 and 410.1 of the state building code. Any person who separates the act of sale and delivery for the purpose of evading the provisions of this article shall be deemed a peddler.”
Furthermore, businesses in Atlantic Beach may display their goods outdoors but they may not sell items outdoors – all transactions must occur inside the business. Example, you may display goods under a tent, but you may not pay for items without going back inside.
ARTICLE 18-4 – USE STANDARDS. 8.4.8 Accessory Uses and Structures – Outdoor Display.
Temporary outdoor display of merchandise, inventory, equipment, or similar material shall comply with the following standards:
a. Merchandise must be mobile and stored indoors overnight.
b. Merchandise display must be accessory to a principal use located on the same property.
c. All sales transactions shall take place inside the principal structure.
d. Merchandise shall not be located in or obstruct any required setback, loading space, loading area, vehicular use area, fire lane, required landscaping area, sidewalk, ADA accessibility route, or drainage easement.