As used in this chapter, the following terms shall have the following
meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "attic sale," "rummage sale" or any similar casual sale of tangible personal property which is promoted by any means whereby the public at large is, or can be, made aware of such sale, and consistent with §
122-5 of this chapter.
GOODS
Includes any goods or other property capable of being the object
of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
For the purpose of the provisions of this chapter relating to licensing, "person"
shall include family or household groups occupying the same dwelling unit.
It shall be unlawful for any person to conduct more than two garage
sales in a calendar year in the Town of Ellicott. For each of these two garage
sales, the person shall contact the Ellicott Town Clerk with the information
hereinafter specified and obtain from such Town Clerk a license to do so,
to be known as a "garage sale license."
The application to be filed with the Town Clerk pursuant to this chapter
shall be as follows:
A. The name of the person or persons, firm, group, corporation,
association or organization conducting the sale, and, in the case of a group
sale, the address of each home involved in the group sale.
B. The name of the owner of the property on which the sale
is to be conducted and the written consent of the owner, if the applicant
is other than the owner, the name and signature of each owner of the property
if one person applies for the license on behalf of a group.
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 all past garage sales in the Town
of Ellicott.
F. The relationship or connection the applicant has with
any other person, firm, group, organization, association or corporation conducting
any past sale and the date or dates of such sales.
G. Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H. A sworn statement or affirmation by the applicant signing
that the information therein given is full and true and known to the applicant
to be so.
The merchandise offered at the sale shall be only used, unwanted items
of personal property acquired for normal use by the licensee, and not purchased
at other locations specifically to resell at a garage sale, as defined herein.
All garage sales shall be conducted only between the hours of 9:00 a.m.
and 6:00 p.m.
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 sale conducted by a merchant or mercantile or other
business establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Town of Ellicott or under the protection of the nonconforming use provisions thereof,
or any other sale conducted from properly zoned premises and not otherwise
prohibited.
E. Any bona fide charitable, 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.
Any person violating any provision of this chapter shall, upon conviction,
be subject to a fine not exceeding $100 and/or imprisonment not to exceed
15 days, or both, at the discretion of the court. The continuation of a violation
against the provisions of this chapter shall constitute, for each day the
violation is continued, a separate and distinct violation.