[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 7, Ch. 9 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 485.
A.
FLEA MARKET
FLEA MARKET SELLER
MARKET
Definitions. As used in this chapter, the following
terms shall have the following meanings, unless the context clearly
indicates that a different meaning is intended:
A market, indoors or out of doors, where new or used items
are sold from individual locations, with each location being operated
independently from the other locations. Items sold include, but are
not limited to, household items, antiques, rare items, decorations,
used books and used magazines.
A person, firm or corporation selling items or offering items
for sale at a flea market.
A place where goods are sold to the public.
B.
License required. No person, firm or corporation shall
operate the business of renting space or allocating space to flea
market sellers without first obtaining a license therefor from the
Village Board. Applications for a license shall be made to the Village
Clerk/Treasurer on forms to be provided by the Village Clerk/Treasurer.
Only one license shall be required for each flea market, and the individual
flea market sellers shall not be required to obtain a license under
this section. The fee for such license shall be as set by the Village
Board. The Village Board may restrict the license for use on certain
dates and times.[1]
C.
Information to be filed. The information to be filed
with the Village Clerk/Treasurer pursuant to this chapter shall be
as follows:
(1)
Name of person, firm, group, corporation, association
or organization conducting said sale.
(2)
Name of owner of the property on which said sale is
to be conducted, and consent of owner if applicant is other than the
owner.
(3)
Location at which sale is to be conducted.
(4)
Number of days of sale.
(5)
Date, nature of any past sale.
(6)
Relationship or connection applicant may have had
with any other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sale.
(7)
Whether or not applicant has been issued any other
vendor's license by any local, state or federal agency.
(8)
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
D.
Records to be kept by licensee. Each person required
by this chapter to obtain a license shall keep accurate records of
the names and addresses of each flea market seller, together with
a brief description of the type or types of merchandise offered for
sale by that seller.
E.
Secondhand stores excepted. No person, firm or corporation
having a license as a secondhand store shall be required to obtain
a license under this chapter for the same business location.
F.
More than one market. Any person, firm or corporation
renting or allocating space to flea market sellers in more than one
place of business shall be required to obtain a license for each place
of business, provided that one license shall be adequate for locations
that are on the same lot, adjacent lots or lots separated only by
an alley.
G.
Unlawful transactions. No person shall sell or offer
for sale at any flea market any goods known to such person to be stolen.
H.
Purchases from children. No flea market seller shall
purchase any used household item, antique or used article whatsoever
from any person under the age of 18 years, unless such person is accompanied
by the person's parent or guardian.
I.
Hours. Flea markets may remain open for business between
the hours of 9:00 a.m. and 8:00 p.m., unless otherwise specified on
the license by the Board at time of issuance.
A.
License required. Any person wishing to hold a garage
sale(s) that will total more then eight days within a year shall first
obtain a license from the Village Board. The license shall be obtained
at least one working day before the sale and shall be prominently
displayed during the sale. The fee for such a license shall be as
set by the Village Board, and the Village Clerk/Treasurer shall notify
local law enforcement in writing of all such licenses issued. Garage
sales totaling less than eight days per year require no license; however,
the provisions of this section shall be fully complied with.[1]
B.
Frequency of sales; ownership of merchandise.
(1)
Garage sales, yard sales and similar merchandise sales
may be held no more than four times per year at any residence and
for a total of not more than eight days in that year and not exceeding
one week in length. The Village Clerk/Treasurer may authorize additional
sales and/or sale days if warranted by unusual circumstances. All
goods offered for sale shall be household goods or personal possessions
from the residence where the sale is being held or, in the case of
a group sale, from the residences of the participating households.
In no case shall any sales become outlets for wholesale or retail
commercial sales.
(2)
Any garage sales, yard sales, and similar merchandise
sales by nonprofit, philanthropic or civic organizations must be approved
by the Village Clerk/Treasurer and may be held no more than four times
per year for not more than a total of eight days in that year. The
Village Clerk/Treasurer may authorize additional sales and/or sale
days if warranted by unusual circumstances. In no case shall any sales
become outlets for wholesale or retail commercial sales.
C.
Hours. Garage sales shall be conducted between 9:00
a.m. and 8:00 p.m. Each sale shall last no longer than four consecutive
days.
D.
Signs.
(1)
Garage sale signs may not have an area more than six
square feet with a maximum of two faces. Garage sale signs shall identify
the location of the sale and must be located at least five feet from
the street line or nearest lot line.
(2)
No garage sale sign may be located on utility poles,
traffic control devices, or on property or the adjoining right-of-way
of property the owner of which has not given explicit permission for
its location.
(3)
No garage sale sign shall be displayed before one
day before the sale or one day following the sale.
(4)
No more than one garage sale sign may be located at
the sale site, and no more than two garage sale signs may be located
off the site, except that two signs are permitted on corner lots,
one facing each street.
E.
GARAGE SALE
PERSONAL PROPERTY
Definitions. The following definitions are applicable
to this section:
All general sales open to the public conducted from or on
a residential premises for the purpose of disposing of personal property,
including but not limited to all sales entitled "rummage," "lawn,"
"yard," "porch," "room," "backyard," "patio" or "garage" sale.
Property which is owned, utilized and maintained and acquired
in the normal course of living in or maintaining a residence. It does
not include merchandise which was purchased for resale or obtained
on consignment.
