[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 4-23-1979 by L.L. No. 1-1979 (Ch. 80 of the 1987 Code). Amendments noted where applicable.]
Zoning — See Ch. 380.
This chapter is intended to control, regulate and license the conduct of sales, commonly referred to as "porch sales," "garage sales" and "yard sales," within residential areas of the incorporated area of the Village of Liverpool and to distinguish such sales, as herein defined, from those business uses prohibited in residential districts by Chapter 380, Zoning, of the Village of Liverpool on the ground that such sales are not business uses.
As used in this chapter, the following terms shall have the meanings indicated:
- PORCH SALES, GARAGE SALES AND YARD SALES
- Those sales of household and personal articles owned by the resident of the premises where sold, by not more than two additional residents of the Village of Liverpool or by an immediate relative of such resident and not acquired for the purposes of sale; said sales being confined to the area within the lot lines and in back of the sidewalk or, if there is no sidewalk, at least 10 feet in back of the street line, and such sales being limited to not more than three days in a calendar year.
No person shall establish, operate or maintain a porch sale, garage sale or yard sale within the boundaries of the Village of Liverpool unless he shall first obtain a license for such sale from the Village Clerk, upon payment of the license fee in an amount set by resolution of the Board of Trustees. The applicant shall provide the Village Clerk with the following information:
[Amended 5-26-1987 by L.L. No. 2-1987]
The name and address of the applicant, the names and addresses of other residents whose property will also be offered for sale (who shall also sign the application) and the name and address of the real party in interest if he is other than the applicant.
The date, time and place of the proposed sale.
Any such license, if issued by the Village Clerk, shall permit such sale for a period of time not exceeding three consecutive days in any calendar year at any one residence; provided, however, that, in the event of rain or similar inclement weather, one or more of such days can be postponed to a later date specified in the application, and shall limit the hours of such sale on those from 9:00 a.m. to 6:00 p.m. No such license shall be granted for a sale in an apartment building without the written permission of the landlord of his designated agent.
In addition to the penalties prescribed herein, any sale of articles other than those described in § 235-2 hereof in a residential district, whether or not a license for a porch sale, garage sale or yard sale has been granted, shall be deemed a violation of Chapter 380, Zoning, of the Village of Liverpool and subject to the penalties therein prescribed.
All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Board of Trustees of the Village of Liverpool and shall be subject to inspection at all times by the Chief of Police or any other duly authorized representative of the Village of Liverpool.