This chapter is enacted by the Village of Spencerport for the
purpose of regulating flea markets in order that the peace, health,
safety, welfare and good order of the Village and of its inhabitants
shall not be endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Flea Market
Law of the Village of Spencerport."
As used in this chapter, the following terms shall have the
meanings indicated:
FLEA MARKET
A sale of items of tangible personal property wherein, on
one location, there are multiple vendors occupying the space allotted
to each such vendor for the purpose of displaying and selling items
of tangible personal property.
LICENSE
A license issued by the Village Clerk, in the manner prescribed
by this chapter, for the operation of a flea market.
VACANT LOT
In addition to its usual definition, a "vacant lot" shall
be defined as any property with a classification code, as defined
by the New York State Office of Real Property Services, of 300 to
399.
Flea markets shall be a permitted use in B Districts (commercial)
and C Districts (industrial). Flea markets are prohibited in A Districts
(residential) and on vacant lots within all districts.
No person, company, firm, corporation or other entity may conduct
and/or operate a flea market as hereinabove defined without first
having duly obtained and having in force and effect a license therefor.
An application for a license shall be submitted for approval
to the Code Enforcement Officer and contain the following information:
A. The name and address of applicant (local and legal).
B. The street address of the location of the flea market.
C. The name and address of the owner of the property on which the flea
market will be located.
D. Description of the type or types of articles and merchandise to be
sold or bartered.
E. Sketch of property including boundaries of the flea market and location
of temporary structures (i.e., tables and display racks).
F. The signatures of the applicant and property owner or his or her
duly authorized agent.
G. The date and length of time the applicant desires the license.
H. Such other information as the Village may, from time to time, reasonably
require.
Upon receipt of the application and of the license fee, and
if the Code Enforcement Officer is reasonably satisfied with the applicant's
qualifications, the Village Clerk shall issue a license to the applicant.
Said license shall be signed by the Village Clerk and shall indicate
the name and address of the licensee, the kinds of goods to be merchandised
thereunder, the amount of fee paid, the licensing period, the license
number and the date of issuance. A copy of such license shall be filed
in the Village Clerk's office. Every license shall be displayed
prominently at the place of sale during the conduct of such flea market.
The licensing period shall be on a monthly or daily basis, and
fees for the same shall be determined by the Village Board from time
to time. Such license shall not be assignable or transferable and
shall so state on the face thereof. Any holder of such license who
permits it to be used by any other person, and any person who uses
such license granted to any other person, shall each be guilty of
a violation of this chapter. The payment of the license fee shall
not apply to a bona fide charitable, educational or cultural organization
organized not-for-profit and being able to establish that it is such
type of not-for-profit organization.
Any person aggrieved by the action of the Village Clerk or the Code Enforcement Officer in the denial of an application for a license, as provided in §
157-7 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in §
157-10 of this chapter, shall have the right to appeal to the Village Board of the Village of Spencerport. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
The Code Enforcement Officer is designated as the administrator
and shall secure compliance with the standards of this chapter and
is responsible for enforcement thereof.
Any person who shall conduct a flea market, as herein defined,
without a license or who shall continue to conduct a flea market subsequent
to the revocation of his license shall be punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days, or
both.