[HISTORY: Adopted by the Board of Commissioners of the Township
of North Versailles 1-25-1993 by Ord. No. 914 (Ch. 13, Part 7, of the
1987 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and designated as the "Flea Market
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
That particular area occupied by a single flea market seller
for the purpose of selling used merchandise.
An open area delineated by metes and bounds, either inside
a building or out of doors, containing stalls, kiosks or booths or
other types of sales areas in excess of five, designated for use as
sales of used merchandise. This will not be deemed to include casual
or garage sales.
Used merchandise of any nature. Food to be consumed on the
premises may only be sold by vendors who hold a current health license
of the County Health Department and Department of Environmental Protection.
Any person or entity who sells only used merchandise or goods
at a flea market.
Any person or entity which conducts, manages, supervises,
oversees or otherwise owns or controls a flea market.
A person or persons who sells new merchandise or goods. If
one sells new and unused merchandise, he shall be deemed to be a vendor.
Hereinafter no property owner may conduct a flea market without
having first obtained a special permit from the Building Inspector
of the Township of North Versailles. This chapter shall apply to all
existing flea market owners/operators; any entity which presently
conducts what is deemed to be a flea market must nevertheless apply
for, obtain and receive a special flea market permit following the
effective date of this chapter.
The following rules and regulations shall govern the operation
of flea markets in North Versailles Township:
B.
The owner/operator shall pay an annual fee of $2,000 to the Township
of North Versailles to be permitted to operate a flea market operation.
The fee of $2,000 shall be for each calendar year or any part thereof
during which the operation occurs, commencing in 1993.
C.
The owner/operator with his application must designate and set forth
with specificity plans for fire and emergency, cleaning the area,
removal of debris, garbage disposal, crowd control, policing and recycling.
D.
The owner/operator must identify the liability insurance carrier,
policy number and effective dates of the policy for the owner, operator
and the flea market.
Any vendor must register with the Township of North Versailles and obtain a vendor's permit/license for the business pursuant to Chapter 215, Peddling and Soliciting, of the Code of the Township of North Versailles. All of such operations shall be deemed to be permanent businesses and must comply with all acts, ordinances, levies, rules and regulations regarding permanent businesses in the Township of North Versailles. Before any vendor may operate, such vendor must first apply for and receive a license or permit from the Township of North Versailles. No owner/operator may permit a vendor to operate without evidence of compliance with Chapter 215, Peddling and Soliciting, of the Code of the Township of North Versailles.
For each and every violation of this chapter, an owner/operator
and/or booth occupier or vendor shall be subject to civil enforcement
proceedings and, if found liable, a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. Each breach of any rule or regulation
of this chapter shall be a separate violation.
[Added 6-16-1997 by Ord. No. 952]
A.
Hereinafter, no flea market seller shall be permitted to occupy a
booth or transact business in a flea market unless he or she is in
possession of a permit from the Township for such activity as described
herein. The permit must be kept on open display by the flea market
seller during regular business hours for inspection and/or upon demand
of any official of the Township of North Versailles.
(1)
An owner/operator shall only rent or permit occupancy of a booth
to flea market sellers who are in possession of a current permit from
the Township to operate as a flea market seller.
(2)
An owner/operator shall maintain a permanent record of all vendors
and flea market sellers, which record must remain open and available
for inspection by Township officials during reasonable business hours
and at any time when the flea market is open for business.
B.
Every flea market seller shall be obligated to collect, remit and
report to the appropriate Tax Collector all mercantile and business
privilege taxes. Further, every flea market seller shall be obligated
to pay to North Versailles Township an annual permit fee of $25 prior
to conducting business. Permits may be obtained at the office of the
Township Secretary by paying the applicable fee and completing an
application on a form to be supplied by the Secretary. The fee of
$25 shall be for each calendar year or any part thereof. A flea market
seller shall not be permitted to occupy, use, sell or otherwise conduct
business in a flea market without having first paid the fee to the
Township and received a permit to operate as a flea market seller.
C.
Fees and charges imposed pursuant to this chapter may hereinafter
be modified by simple resolution.
