[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.]
GENERAL REFERENCES
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:
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.
A.
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]
(1)
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.
(2)
The date, time and place of the proposed sale.
B.
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.
B.
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.