[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981
by L.L. No. 1-1981 as Ch. 16, Art. VI and X, of the 1981 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Closeout sales — See Ch. 221.
As used in this chapter unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Any goods, wares, merchandise or other property capable of being
the object of a sale regulated hereunder.
Individuals, partnerships, voluntary associations and corporations.
All sales entitled "tag sale," "garage sale," "lawn sale," "attic
sale," "rummage sale" or "flea market sale" or any similar casual sale of
tangible personal property in an area, the zoning for which does not permit
usual commercial sales, which sale is advertised by any means whereby the
public at large is or can be made aware of such sale.
A.Â
It shall be unlawful for any person to conduct a tag
sale in the City of Glen Cove, in an area the zoning for which does not permit
usual commercial sales, without first obtaining a license from the City Clerk
known as a tag sale license. The fee for such license shall be as set forth
from time to time by the City Council.[1]
[Amended 12-27-1994[2]]
B.Â
In the event that a tag sale is advertised before a license
is obtained, the City Clerk shall send a letter to the party or parties involved,
explaining the necessity of filing for a tag sale license.
A.Â
Issuance; restrictions. Such license shall be issued
to any one person only once within a six-month period, and no such license
shall be issued for more than two consecutive calendar days.
B.Â
Hours of sale. All tag sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
C.Â
Display. Each license issued under this chapter shall
be prominently displayed on the premises upon which the tag sale is conducted
throughout the entire period of the licensed sale.
An application for a license pursuant to this chapter shall be filed
with the City Clerk and shall contain the following information:
A.Â
Name of persons, firm, group, corporation, association
or organization conducting said sale.
B.Â
Name of the owner of the property on which said sale
is to be conducted, and consent of the owner if the applicant is other than
the owner.
C.Â
Location at which the sale is to be conducted.
D.Â
Number of days of sale.
E.Â
Date and nature of any past sale.
F.Â
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
G.Â
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him or her
to be so.
A.Â
Upon receipt of the application, the City Clerk shall
determine if the applicant is entitled to a license pursuant to this chapter.
A license shall be refused only in case of a prior tag sale within the previous
12 calendar months which has been conducted by the applicant, or, that because
of previous conduct by the applicant, the granting of a license would tend
to be contrary to public health, safety or welfare or public good order, or
that the requirements of this chapter have not been met by the applicant.
B.Â
Upon determination that the applicant is entitled to
license pursuant to this chapter, the City Clerk shall issue a tag sale license
for the location and days applied for.
No more than two signs advertising such sale, each of which is no larger
than 24 inches by 12 inches in size, shall be permitted. All such signs shall
be posted on the premises where such sale is conducted and must contain the
name and address of the person conducting the sale. Sale signs shall be removed
within 48 hours after the completion of the sale.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.Â
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and duties
as public officials.
C.Â
Any person selling and advertising for sale only 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.Â
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.Â
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale is permitted by the Ch. 280, Zoning, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in this Code.
F.Â
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this section shall be on the
organization or institution claiming such exemption.
The person to whom such license is issued and the owner or tenant of
the premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of such sale or activity. No such person shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the reasonable orders of any member
of the Police Department or Fire Department of the City of Glen Cove in order
to maintain the public health, safety or welfare.
