[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence
9-19-1977 by L.L. No. 7-1977. Sections 103-2 and 103-5 amended and § 103-10
added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any goods, warehouse, merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
Includes all sales entitled "tag sale" "garage sale," "lawn sale,"
"attic sale," "rummage sale," or "flea market sale," or any similar casual
sale of tangible personal property in an area, the zoning for which does not
permit the same, which sale is advertised by any means whereby the public
at large is or can be made aware of said sale.
It shall be unlawful for any person to conduct a tag sale in the Village
of Lawrence in any residential zone without first filing with the Village
Administrator the information hereinafter specified and obtaining from such
Village Administrator a license so to do, to be known as a "tag sale license."
The fees for such license shall be as set by resolution of the Board of Trustees.[2]
Such license shall be issued to any one residence address only once
within a twelve-month period, and no such license shall be issued for more
than two consecutive calendar days.
Each license issued under this chapter must be prominently displayed
on the premises upon which the tag sale is conducted throughout the entire
period of the licensed sale.
[Amended 4-13-1988 by L.L.
No. 5-1988]
The information to be filed with the Village Administrator, pursuant
to this chapter, shall be as follows:
A.
The name of the persons, firm, group, corporation, association
or organization conducting said sale.
B.
The name of the owner of the property on which said sale
is to be conducted and the consent of the owner if the applicant is other
than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale and relationship
or connection the 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.
F.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
G.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
All tag sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
No more than one sign advertising such sale, no larger than 24 inches
by 12 inches in size, shall be permitted. Such sign must be posted on the
premises where such sale is conducted and must contain the name and address
of the person conducting the sale. Said sign must be removed within 24 hours
after the completion of the sale.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall be on
the organization or institution claiming such exemption.
The person to whom such license is issued and the owner or tenant of
the premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of such sale or activity. No such person shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any member
of the Police Department or Fire Department of the Village of Lawrence in
order to maintain the public health, safety and welfare.
[Amended 4-13-1988 by L.L.
No. 5-1988; amended 9-11-2002 by L.L.
No. 5-2002]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine up to a maximum of $1,000
or by imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment. The continuation of an offense against the provisions of
this chapter shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
