[Amended 10-16-1995 by L.L. No. 11-1995]
As used in this chapter, the following terms shall have the
meanings indicated:
FAMILY
Any number of individuals related by blood, marriage or adoption,
living and cooking together on the premises as a single housekeeping
unit, and may include servants living in, or not more than two paying
lodgers or boarders.
GARAGE SALE
Includes all sales commonly known as "garage sale," "lawn
sale," "attic sale," "rummage sale," "flea market sale," "porch sale,"
"yard sale," "basement sale," "tag sale" or any other similar casual
sale of personal property which is advertised by any means whereby
the public at large is made aware of said sale.
GOODS
Includes only used, unwanted items of personal property owned
by the resident of the property where the sale is held. No new merchandise
shall be offered for sale nor may new merchandise from other sources
be brought in and offered for sale.
PERSON
Includes individuals, partnerships, unincorporated associates
and corporations.
The information to be filed with the Village Clerk pursuant
to this chapter shall be as follows:
A. Name and address of person conducting said sale.
B. Name and address 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. Address and location of premises on which the sale is to be conducted.
E. Date and nature of any prior sale.
F. Relationship the applicant may have had with any other person conducting
said prior sale and the date or dates thereof.
G. Whether or not the applicant has been issued any other vendor's
license or permit by any local, state or federal agency.
H. Sworn statement or affirmation by the applicant that the information
given therein is full, true and accurate.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
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 person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
D. Any publisher of a newspaper, magazine or other publication or other
communication media, who publishes or broadcasts in good faith, without
knowledge of its false, deceptive or misleading character or without
knowledge that the provisions of this chapter have not been complied
with.
E. Any sale conducted by any merchant or other business establishment
from or at a place of business wherein such sale would be permitted
by the Zoning Ordinance of the Village of Lynbrook.
F. Any bona fide religious, charitable, eleemosynary, educational, cultural
or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be upon the organization or institution claiming such exemption.
Any person conducting any such garage sale without having a
valid permit therefor or who shall violate any of the other provisions
of this chapter shall, upon conviction, be punishable by a fine of
not less than $25 nor more than $250. Each day that such sale shall
continue without being duly licensed shall be considered a separate
violation.