[HISTORY: Adopted by the Town Board of the
Town of Goshen 7-28-1983 by L.L. No. 3-1983. Amendments noted where
applicable.]
For the purpose of this chapter, the following
definitions shall apply:
A sale of items of tangible personal property, wherein, on
one location, there are multiple vendors who have paid a fee for the
privilege of occupying the space allotted to each such vendor for
the purpose of displaying and selling items of tangible personal property.
A license issued by the Town Clerk or Deputy Town Clerk,
in the manner prescribed by this chapter, for the operation of a flea
market.
The total space area utilized, indoors or outdoors, for the
purpose of displaying and selling items of tangible personal property;
same to include aisles, common areas, kitchen or cooking facilities
and rest room facilities, but to exclude designated parking areas,
provided that said designated parking areas are not utilized for the
display or sale of items of tangible personal property.
The Town of Goshen.
[Amended 2-23-2009 by L.L. No. 1-2009]
Flea markets shall be permitted as conditional uses upon approval by the Planning Board of the Town of Goshen in accordance with Article XXI of Chapter 97 of the Code of the Town of Goshen, entitled “Zoning,” in the following designated zoning district: Highway Commercial (HC).
A.
No person, company, firm or corporation may conduct
and/or operate a flea market as hereinabove defined, without first
obtaining a license and having paid the license fee hereinafter prescribed.
B.
The payment of the license fee and license fee provisions
of §§ 98-5 and 98-6 below shall not apply to a bona
fide charitable, eleemosynary, educational or cultural organization
organized not for profit and being able to establish that it is such
type of not-for-profit organization. In all other respects, this chapter
shall apply to bona fide charitable, eleemosynary, educational or
cultural organizations.
A.
An application for a license shall contain the following
information:
(1)
Name and address of applicant.
(2)
Street address of the location of the flea market.
(3)
Description of the type or types of articles and merchandise
to be sold or bartered.
(4)
The signature of the applicant or his or her duly
authorized agent.
(5)
Such other information as the Town may, from time
to time, reasonably require.
B.
The applicant shall file the aforementioned information
with the Town Clerk or Deputy Town Clerk.
Upon receipt of the application as set forth in § 98-4 hereof, compliance with the provisions of Article XXI of Chapter 97 of the Code of the Town of Goshen, entitled "Zoning," and upon receipt of the license fee as set forth in § 98-6 hereof, the Town Clerk shall issue a license to the applicant. Said license shall be signed by the Town Clerk or such other authorized licensing officer and shall indicate the name and address of the licensee, the kind of goods to be merchandised thereunder, the amount of fee paid, the license number, the date of issuance and the date of expiration; any such license granted pursuant to this chapter to expire one year subsequent to issuance date.
The license fee shall be in the sum of $100,
plus the sum of $5 per 100 square feet of selling area utilized or
proposed to be utilized in the operation of the flea market.
The hours of operation of a flea market shall
be limited to two consecutive calendar days, including Sundays, and
shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m.
[Amended 2-23-2009 by L.L. No. 1-2009]
The land area requirements applicable to flea markets shall be those as set forth in the Code of the Town of Goshen, Chapter 97 thereof, applicable to the Highway Commercial (HC) District.
No license issued under the provisions of this
chapter may be transferred from one person, company, firm or corporation
to another. The designated licensee shall be the only person, company,
firm or corporation authorized to engage in such business thereunder.
A.
Any person, company, firm or corporation or agent
thereof violating any of the provisions of this chapter shall be subject
to a fine not exceeding $250.
B.
Each and every day that any such violation continues
after notification that such violation exists shall constitute a separate
offense. Such notice shall be written by the Building Inspector and
shall be served by mail or personal service.
C.
In addition to the aforementioned penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
D.
The enforcement of this chapter shall be the responsibility
of the Building Inspector of the Town of Goshen.
