[HISTORY: Adopted by the Town Council of the Town of Newton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1970 as Sec. 6-10 of the Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
The Town Manager of the Town of Newton or such person or
official as he may designate in the manner prescribed by the Town
Charter.
A sale held in such manner as to reasonably cause the public
to believe that the sale will offer goods damaged or altered by fire,
smoke, water or other means.
A sale held in such manner as to reasonably cause the public
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: adjusters, adjustments, alterations, assignees,
bankrupt, benefit of administrator, benefit of creditor, benefit of
trustee, building coming down, closing, creditors committee, creditors
end, executor, final days, forced out, forced out of business, insolvency,
last days, lease expired, liquidation, loss of lease, mortgage sales,
receivers, trustees, quitting business.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
A sale held in such manner as to reasonably cause the public
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
in the Town or will then continue business from other existing locations
in the Town.
A license shall be obtained by any person before selling or
offering to sell any goods at a sale to be advertised or held by any
means to be one of the following kinds:
A.
Provisions to supplement other licensing ordinances. The provisions
of this article are intended to augment and be in addition to the
provisions of any other applicable licensing ordinances of the Town.
B.
Licensed business requisite. Any person who has not been the owner
of a business advertised or described in the application for a license
for a period of at least six months prior to the date of the proposed
sale shall not be granted a license, unless he shall produce clear
and convincing proof of the bona fides of the proposed sale.
C.
Exception for survivors of businessmen. Upon the death of a person
doing business in this Town, his heirs, devisees or legatees shall
have the right to apply at any time for a license hereunder.
D.
Interval between sales. Any person who has held a sale as regulated
hereunder at the location stated in the application within one year
last past from the date of such application shall not be granted a
license.
E.
Restricted location. Where a person applying for a license hereunder
operates more than one place of business, the license issued shall
apply only to the store or branch specified in the application, and
no other store or branch shall advertise or represent that it is cooperating
with 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 or participating
in any way in the licensed sale.
F.
Persons exempted. The provisions of this article shall not apply
to or effect the following:
(1)
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public
officials.
(3)
Duly licensed auctioneers selling at auction.
(4)
Any publisher of a newspaper, magazine, or other publication who
publishes in good faith any advertisement without knowledge of its
false, deceptive or misleading character, or without knowledge that
the provisions of this article have not been complied with.
A person desiring to conduct a sale regulated by this article
shall make written application setting forth the following information:
A.
The true names and addresses of the owners of the goods to be the
object of the sale.
B.
The true name and address of the person from whom he purchased the
goods to be sold and the price therefor, and if not purchased, the
manner of such acquisition.
C.
A description of the place where such sale is to be held.
D.
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of such occupancy.
E.
The dates or the period of time during which the sale is to be conducted.
F.
A full and complete statement of the facts in regard to the sale,
including the reasons for the urgent and expeditious disposal of goods
thereby, and the manner in which the sale will be conducted.
G.
The means to be employed in advertising the sale, together with the
proposed content of any advertisements.
H.
A complete and detailed inventory of the goods to be sold at the
sale, as disclosed by the applicant's records. The inventory
shall be attached to and become a part of the required application.
All goods included in the inventory shall have been purchased by the
applicant for resale on bona fide orders without cancellation privileges.
Such inventory shall not include goods ordered in contemplation of
conducting a sale regulated hereunder. Any unusual purchase or additions
to the stock of goods of the applicant made within 10 days before
filing of an application hereunder shall be deemed to be of such character.
A license shall be issued hereunder on the following terms:
A.
License term. The license shall authorize the sale described in the
application for a period of not more than 30 consecutive days, Sundays
and legal holidays excluded, following the issuance thereof.
B.
Renewal of license.
(1)
Upon satisfactory proof by the licensee that the stock itemized in
the original application has not been disposed of, the license may
be renewed for an additional thirty-day period.
(2)
The application for renewal shall be made on a form furnished by
the Clerk and shall contain an itemized list of stock remaining on
hand to be offered for sale. The content of the application for renewal
shall be verified under oath by the applicant.
(3)
The enforcing official shall cause the application for renewal to
be examined and investigated, and, upon being satisfied as to the
truth of the statements contained therein, he may authorize the issuance
of a renewal license for a period not exceeding 30 days; provided,
however, that no further renewal may be granted for any such sale
for the same location within one year from the date of the original
license.
C.
Nature of sale. The license shall authorize only the one type of
sale described in the application at the location named therein.
D.
Salable goods. The license shall authorize only the sale of goods
described in the inventory attached to the application.
E.
Surrender of general license. Upon being issued a license for a going-out-of-business
sale, the licensee shall surrender to the Clerk all other business
licenses he may hold at that time applicable to the location and goods
covered by the application for a license.
A.
Adherence to inventory. During the period of the licensed sale, the
licensee shall make no additions whatsoever to the stock of goods
set forth in the inventory attached to the application for license.
B.
Duplicate inventory. The licensee shall keep available at the place
of sale a duplicate copy of the inventory submitted with the application
and shall present such duplicate to the enforcing official upon request.
C.
Advertising. The licensee shall refrain from employing any untrue,
deceptive or misleading advertising. The licensee shall conduct the
licensed sale in strict conformity with any advertising or holding
out incident thereto.
D.
Display of license. The licensee shall display the license in a prominent
place on the window of the premises where the sale is to be held so
that it is clearly visible from the exterior of the premises.
A.
The enforcing official may make such rules and regulations for the
conduct and advertisement of such sales as may be necessary to prevent
deception and protect the public interest and welfare.
B.
The enforcing official may, in his discretion, verify the details
contained in an application for license or for a renewal thereof or
cause a check and verification to be made of the items of stock sold
during the sale. It shall be unlawful for any person to whom a license
has been issued to fail or refuse to furnish the enforcing official
or his designated representative with information concerning goods
sold or on hand, or any other information that may be required in
order to make a complete investigation of an application for license
renewal.
[Adopted 6-8-1970 as Sec. 6-14 of the Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale" or "flea market sale," or any similar casual
sale of tangible personal property which is advertised by any means
whereby the public at large is or can be made aware of the sale.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder and which
is owned by a licensee or consigned to him.
The owner or lessee of the premises.
Includes individuals, partnerships, voluntary associations,
corporations and members of the same family.
It shall be unlawful for any person to conduct a garage sale
in the Town of Newton without first filing with the Town Clerk the
information hereinafter specified and obtaining from such Clerk a
license to do so, to be known as a "garage sale license."
A.
A license to conduct a garage sale shall be issued to any one person
no more than two times within a twelve-month period, and no such license
shall be issued for more than two consecutive calendar days.
B.
Each license issued under this article must be prominently displayed
on the premises and visible from the street upon which the garage
sale is conducted throughout the entire period of the licensed sale.
A.
The information to be filed with the Town Clerk, pursuant to this
article, shall be as follows:
(1)
Name
of the person, firm, group, corporation, association or organization
conducting the sale.
(2)
Name
of the owner or lessee of the property on which said sale is to be
conducted.
(3)
Location
at which the sale is to be conducted.
(4)
Number
of days of the sale.
(5)
Date
and nature of any past sale.
(6)
Sworn
statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
B.
Upon the filing of the aforesaid application and the same being reviewed by the Town Clerk and found complete and accompanied by a permit fee as provided in § 100-5B, the Town Clerk is hereby authorized to issue a permit for the garage sale applied for, which permit shall be subject to compliance with the restrictions as set forth in this article.[1]
In the event of inclement weather, all persons issued a license
for a particular date or dates pursuant to this article shall be permitted
to utilize their license on an alternate date. Such alternate date(s)
must be supplied to the Town Clerk at least 10 days prior thereto.
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 persons 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 or Fire
Departments of the Town in order to maintain the public safety and
welfare. A licensed premises shall at all times be subject to such
reasonable rules that may be made from time to time by the Town and
shall be subject to inspection at all times by the Code Enforcement
Officer, Chief of Police and Fire Chief, or any of their agents, or
any other duly authorized representative of the Town.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
No more than five signs for advertising or directing customers
may be posted off the premises of the applicant. The sign is not to
exceed two feet by two feet in size, cannot be installed earlier than
one week prior to the sale, and must be removed within 24 hours after
the sale has terminated.
The provisions of this article shall not apply to nor affect
the following persons or sales:
A.
Any sale conducted by any merchant or mercantile or other business
establishment from or at any place of business wherein such sales
would be permitted by the zoning regulations of the Town, 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 the ordinances.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any persons 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 bona fide charitable, educational, cultural or governmental institution
or organization; provided, however, that the burden of establishing
the exception under this subsection shall be on the organization or
institution claiming such exemption.
The Newton Police Department and the members of the Newton Department
of Code Enforcement shall have the right to issue summonses to all
persons, firms or corporations violating any section of this article.
For violation of any provision of this article, the maximum
penalty, upon conviction, shall be a fine not exceeding $100. Each
day that such sale shall continue without being duly licensed shall
be considered a separate violation.
