For the purpose of this chapter, the following
definitions shall apply:
FLEA MARKET
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.
LICENSE
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.
SELLING AREA
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.
[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).
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.