[HISTORY: Adopted by the City Council of the City of Englewood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 10-43
to 10-58 of the 1978 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Includes a fire and altered goods sale, a going-out-of-business
sale and a removal of business sale.
A sale held out in such a manner as to cause the public reasonably
to believe that the sale will offer goods damaged or altered by fire,
smoke, water or other similar means.
A sale held out in such a manner as to cause the public reasonably
to believe that upon the disposal of the stock of goods on hand the
business will cease and be discontinued, including but not limited
to the following sales: adjuster's; adjustment; alteration; assignee's;
bankrupt; benefit of administrators; benefit of creditors; benefit
of trustees, building coming down; closing; creditor's committee;
creditor's; end; executor's; final days; forced out; forced
out of business; insolvent's; last days; lease expires; liquidation;
loss of lease; mortgage sale; receiver's; trustee's; quitting
business.
Includes any goods, wares, merchandise or other property
capable of being the object of a distress sale.
A sale held out in such a manner as to cause the public reasonably
to believe that the person conducting the sale will cease and discontinue
business at the place of sale upon disposal of the stock of goods
on hand and will then move to and resume business at a new location
or will then continue business from other existing locations.
Includes sales by means of auction.
No person shall conduct a distress sale, or sell or offer to
sell goods at a distress sale, without first obtaining a license therefor
from the City Clerk, which license shall bear a number issued by the
City Clerk and shall be prominently displayed at the premises where
the distress sale takes place.
A.
A person desiring a license to conduct a distress sale shall make
written application to the City Clerk setting forth the following
information:
(1)
The name and address of the person from whom the goods to be sold
were purchased and the price paid therefor and if not purchased, the
manner by which they were acquired.
(2)
Description of the place where such sale is to be held.
(3)
Nature of the occupancy of such place, whether by lease or sublease,
and the effective date of termination of such occupancy.
(4)
The period of time during which the sale is to be conducted.
(5)
Full and complete statement of the facts in regard to the sale, including
the reason for the holding of a distress sale and the manner in which
the sale will be conducted, and if by auction, the application shall
so state.
(6)
Means to be employed in advertising such sale, together with the
proposed content of any advertisement.
B.
A complete and detailed inventory of the goods to be sold at such
sale as disclosed by applicant's records shall be attached to
and become a part of the application required under this article.
A.
All goods included in the inventory submitted to the City Clerk shall
have been purchased by the applicant for resale on bona fide orders
without cancellation privileges and shall not comprise goods purchased
on consignment. Such inventory shall not include goods ordered in
contemplation of or for the purpose of conducting a distress sale.
B.
Any unusual purchase or addition to the stock of goods of the applicant
made within 60 days of the filing of an application hereunder shall
be presumed to be an acquisition of goods in contemplation of a distress
sale unless the applicant can demonstrate the contrary.
Any person who has not been the owner of the business described
in the application for a license hereunder for a period of at least
one year prior to the date of the proposed sale and any person who
has held a distress sale at the location stated in the application
within one year past from the date of such application shall not be
granted a license, provided that, in the event of the death of the
owner of a business, the heirs or representatives of such person shall
not be denied a license by reason of the provisions of this section.
Where a person applying for a license hereunder operates more
than one place of business, the license shall apply only to the one
store or branch specified in the application, and no other store or
branch shall advertise or represent that it is cooperating with it
or in any way participating in the licensed sale, nor shall the store
or branch conducting the licensed sale advertise or represent that
any other store or branch is cooperating with it or participating
in any way in the licensed sale.
The provisions of the article shall not apply to or affect persons
acting pursuant to an order or process of a court of competent jurisdiction
or persons acting in accordance with their powers and duties as public
officials.
No license provided for in this article shall be issued unless
and until all taxes and assessments and fees and charges due the City
shall have been paid.
An applicant for a license hereunder shall submit to the City Clerk with the application for license a license fee as provided for in Chapter 191, Fee Schedule. An applicant for renewal of any license granted hereunder shall submit to the City Clerk with his application for renewal a renewal license fee as provided for in Chapter 191.
A.
The license shall authorize the sale described in the application
for a period of not more than 30 consecutive days following the issuance
thereof. The City Clerk shall renew a license for one additional period
of 30 consecutive days if the City Clerk finds that:
(1)
Facts exist justifying the license renewal;
(2)
The licensee has filed a written application for said renewal; and
(3)
The licensee has submitted with the application for renewal a revised
inventory showing the items listed on the original inventory remaining
unsold and not listing any goods not included in the original application
and inventory.
B.
For the purposes of this section, any application for a license under
the provisions of this article covering goods previously inventoried
as required hereunder shall be deemed to be an application for renewal,
whether presented by the original applicant or by any other person.
Upon being issued a license hereunder for a distress sale, the
licensee shall surrender to the City Clerk all other business licenses
he may hold at that time applicable to the location and goods covered
by the application for a license under this article.
Any license herein provided for shall not be assignable or transferable.
A licensee hereunder shall:
A.
Adhere to inventory. Make no additions whatsoever during the period
of the licensed sale to the stock of goods set forth in the inventory
attached to the application for license.
B.
Advertise properly. Refrain from employing any untrue, deceptive
or misleading advertising, and, in any advertisement by handbills,
circulars, placards, signs, notices, newspapers or publication or
other advertising, include therein the number and date of the license
issued by the City Clerk.
C.
Adhere to advertising. Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
D.
Keep duplicate inventory. Keep available at the place of sale a duplicate
of the inventory submitted with the application and present the same
to inspecting officials upon request.
E.
Segregate noninventoried goods. Keep any other goods separate and
apart from the sale goods and make such distinction clear to the public.
The following provisions, in addition to all other provisions
of this article, shall apply to any distress sale by auction or any
distress sale which includes the sale of any goods by auction:
A.
The application to be submitted to the City Clerk shall include the
names and addresses of the person or persons designated to act as
auctioneers. No more than three persons shall be so designated, and
no person not so designated shall conduct a sale by auction.
B.
No person shall act at any such auction sale as a false bidder or
what is commonly known as a "capper," "booster" or "shiller" or offer
to make any false bid to buy any article being auctioned or offered
for sale.
C.
The license holder (or its agent if the holder is a corporation)
shall remain in continuous attendance while any sale by the auctioneer
is being conducted, and a violation by the auctioneer, or any other
person participating in such sale, shall be deemed to be a violation
by the license holder as well.[1]
D.
The license holder, the auctioneer, and all other persons participating
in the conduct of the auction sale shall truly and correctly represent
at all times to the public attending the auction the actual facts
in respect to the quality, manufacture and cost of each article put
up for sale whenever such information is requested by a bidder or
prospective bidder. The name of the auctioneer or auctioneers shall
be displayed on a suitable sign or placard in full public view at
all times during the auction.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Adopted 9-16-1991 by Ord. No. 91-25]
It is the finding of the City Council of the City of Englewood
that unrestricted casual sales within the City, such as garage sales,
lawn sales, attic sales, rummage sales, flea markets, etc., have created
problems which have a negative effect upon the health, safety and
welfare of the residents of the City. Included among these problems
are litter, improper posting of signs, parking and traffic violations,
noise and neighborhood disturbances. In an effort to minimize such
problems, while at the same time recognizing that such sales have
become a part of our community life, this article is conceived. It
is our purpose here to preserve the ability of individuals to conduct
such casual sales but to restrict these sales in such a manner as
to reduce their negative impact upon travelers and residents within
the City.
As used in this article, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "attic sale,"
"rummage sale" or "flea market sale" or any similar casual sale of
tangible person property which is advertised by any means whereby
the public at large is or can be made aware of said sale.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
The following regulations shall limit the conduct of garage
sales within the City of Englewood:
A.
No garage sale, as defined by this article, shall be conducted without
obtaining a permit for such sale as set forth in this article.
B.
All sales shall be limited to the hours between 9:00 a.m. and sunset
on any given day.
C.
No single garage sale shall continue for more than two days. Garage
sale permits will be limited to one permit per month per calendar
year per property located within the City of Englewood.
[Amended 6-23-2015 by Ord. No. 15-08]
D.
No signs shall be used to advertise the sales except those authorized
by this article.
E.
All signs advertising garage sales must be removed by 6:00 p.m. on
the last day following the sale.
F.
Permits must be prominently displayed at the time and location of
the sale.
A.
Permit required. It shall be unlawful for any person to conduct a
garage sale in the City of Englewood without first filing with the
City Clerk or his/or designee the information hereinafter specified
and obtaining from such official a permit for such sale.
B.
Fee. The fee for a garage sale permit shall be as provided for in Chapter 191, Fee Schedule.
[Amended 4-24-2012 by Ord. No. 12-14]
C.
Display for permit. Each permit issued under this article must be
prominently displayed on the premises upon which the garage sale is
conducted throughout the entire period of the sale.
The following information shall be filed with the City Clerk
or his/her designee in order to properly obtain a permit for a garage
sale:
A.
The name of the person or organization conducting the sale.
B.
The name of the owner of the property on which said sale is to be
conducted.
C.
The location or address where the sale is to be conducted.
D.
The number of days and the dates of the sale.
E.
A statement by the applicant confirming that the information provided
in the application is complete and known by the applicant to be true.
Signs advertising garage sales shall comply with the following
requirements:
The provisions of this article 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 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 any 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 City of Englewood or
under the protection of the nonconforming use section thereof[1] 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 by ordinance of the City of Englewood.
E.
Any bona fide charitable, eleemosynary, 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. Organizations
claiming this exemption must still apply for a permit and comply with
the requirements hereof; provided, however, that the fee for such
permit shall be waived.
[Amended 4-24-2012 by Ord. No. 12-14]
This article shall be enforced by either the Police Department,
the Construction Code Official or the Zoning Enforcement Officer.
[Amended 4-24-2012 by Ord. No. 12-14]
Adherence to this article shall be the responsibility of the
person to whom a permit is issued and the owner or tenant of the premises
on which a sale is conducted. In addition to any other duties or obligations
imposed by this article, the responsible persons, as set forth herein,
shall cooperate with the members of the Police Department, the Construction
Code Official or the Zoning Enforcement Officer in ensuring that the
conduct of the sale does not impede the normal flow of traffic or
otherwise endanger the health, safety and welfare of persons present
at the sale and other residents of the City.
Any person who is convicted of a violation of any provision
of this article shall be subject to a fine of not more than $25. Each
day of noncompliance with any provision of this article shall constitute
a separate violation.
