The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
FLEA MARKET
Any structure or use for the sale of food or goods at retail,
which sale is conducted periodically and not daily, involving multiple
vendors who are charged a fee to participate, and whether within an
open area or enclosed structure.
VENDOR
Any person who engages in selling food or goods at retail.
Any person owning, operating or controlling
a flea market shall be required to obtain a flea market license from
the Town upon payment of a license fee.
Nothing contained in this chapter shall be intended
to require a flea market license for those sales which are known as
"yard sales" or "tag sales" as those terms are commonly understood.
Every applicant, upon application for a flea market license, shall pay an annual license fee to own, operate or control a flea market, as defined in this chapter, which fee shall be in accordance with Chapter
93, Fees. Such license shall be valid only for those dates and hours of operation included in the application and approved by the Town Council. Any additional dates will require a new license. Each license shall expire September 1 of each year. Such fee shall be payable in full, whether or not such license is issued for a full year.
Every flea market license issued under this
chapter is subject to the right, which is hereby expressly reserved,
to revoke the license should the licensee, directly or indirectly,
permit the operation of any flea market contrary to the provision
of this chapter, the ordinances of the Town or the laws of the state.
The license may be revoked by the Town Council after written notice
to the licensee, which notice shall specify the ordinance or law violations
with which the licensee is charged, if after a hearing the licensee
is found to be guilty of such violations. Ten days' notice of the
hearing shall be given the licensee. At such hearing the licensee
and his attorney may present and submit evidence or witnesses in his
defense.
Any person violating any of the provisions of this chapter, in addition to the revocation of his or its license, shall be punished in accordance with Chapter
1, Article
III, General Penalty.