The following terms shall have the meanings
indicated:
GARAGE SALE
Includes sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale" or any other casual sale
of tangible personal property which is promoted by any means whereby
the public at large is or can be made aware of said sale and takes
place outside the confines of a retail store.
GOODS
Includes any goods, warehouse merchandise 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.
It shall be unlawful for any person to conduct
a garage sale in the Village of Yorkville without first filing with
the Village Clerk the information hereinafter specified and obtaining
from such Village Clerk a license to do so, to be known as a "garage
sale license." Such license must be obtained no less than seven days
before the proposed garage sale.
The information to be filed with the Village
Clerk pursuant to this chapter shall be as follows:
A. Name of the person, firm, group, corporation, association
or organization conducting said sale.
B. Name of the owner of the property on which said sale
is to be conducted and the written consent of the owner if the applicant
is other than the owner.
C. The location at which the sale is to be conducted.
D. Date(s) on which the sale is to be conducted.
E. Date(s) and nature of past garage sales conducted
by the applicant in the Village of Yorkville for a period of one year
prior to application for the garage sale license.
F. Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
G. Sworn statement or affirmation by the applicant that
the information therein is complete and true and known to him to be
so.
The merchandise offered for sale shall be only
used, unwanted items of personal property acquired for normal use
by the licensee. No new or used merchandise from other sources shall
be offered for sale. This section shall not be interpreted to preclude
neighbors from conducting group sales or relatives from pooling their
resources. However, in either case, the names of all persons participating
shall be included in the license.
All garage sales shall be conducted between
the hours of 9:00 a.m. and sunset.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A. Persons selling goods pursuant to an order or 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 items of
personal property, which items do not exceed three in number.
D. Any publisher of a newspaper, magazine or other publication
or other communication media which 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. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Ch.
135, Zoning, of the Village of Yorkville or under the protection of the nonconforming use provisions 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person committing an offense against any provisions of this chapter shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, §
1-14.