[CC 1984 §8-90; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-49; Ord. No. 3653 §2, 7-7-1980]
As used in this Article, the following terms shall have these prescribed meanings:
GARAGE SALE, LAWN SALE, ATTIC SALE, RUMMAGE SALE, BASEMENT SALE OR FLEA MARKET SALE
Any sale of used clothing, used household goods or items usually found in the home, advertised by any means whereby the public at large is or can be made aware of such sale which is not otherwise regulated by this Code, or which is not made, held nor conducted by any person who has been issued a merchant's, business or occupational license at an address at which the sale is to be conducted.
GOODS
Includes used items normally found in the home which are capable of being the object of a sale regulated by this Article.
[CC 1984 §8-91; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-50; Ord. No. 4944 §1, 7-18-2005]
A. 
A permit issued by the City Manager or his/her designee shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one (1) of the types of sales enumerated in Section 605.320.
B. 
No person shall conduct, advertise nor promote any sale under this Article without a permit issued pursuant to this Article.
[CC 1984 §8-92; Ord. No. 3140 §8-50.1; Ord. No. 3970 §1, 11-7-1983]
No person shall conduct any outdoor sale under this Article in any area of a yard except the rear yard.
[CC 1984 §8-93; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-1-1970; Ord. No. 3140 §8-51; Ord. No. 4944 §1, 7-18-2005]
A. 
An application for a permit for any sale regulated by this Article shall be made at the office of the City Manager or his/her designee on a form to be provided by the City Manager or his/her designee.
B. 
The application shall contain the following information:
1. 
Name of the person, firm, group, corporation, association or organization conducting the sale;
2. 
The location at which the sale is to be conducted;
3. 
The number of days on which the sale is to be conducted within the limit prescribed in Section 605.370;
4. 
The date and nature of any past sale held by applicant subject to any regulation of the City;
5. 
Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting any such sale and the date or dates of such sale;
6. 
An itemized list or other detailed description of the goods proposed to be sold together with a statement as to the date or dates when such goods or merchandise was or were obtained or purchased by applicant; and
7. 
Whether or not applicant has been issued a seller's license number by the State Department of Revenue and, if so, the number of the license and the date on which the license was issued.
[CC 1984 §8-94; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3101 §1, 6-18-1973; Ord. No. 3140 §8-52]
An application for a permit for any sale regulated by this Article shall be accompanied by a permit fee in the amount of three dollars ($3.00) for each day that on which a permitted sale is to be conducted.
[CC 1984 §8-95; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-53; Ord. No. 4651 §1, 10-21-1996]
A. 
No permit shall be issued authorizing any sale to be conducted for a period longer than four (4) days.
B. 
No person shall be issued more than two (2) permits within any twelve (12) month period. Only two (2) permits shall be issued within any twelve (12) month period for any one ( 1) location.
[CC 1984 §8-100; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-54]
A. 
This Article shall not apply to nor affect the following persons or sales:
1. 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction;
2. 
Persons acting in accordance with their powers and duties as public officials;
3. 
Any person 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 ten (10) in number;
4. 
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this Code have not been complied with;
5. 
Any sale regulated under any other provision of this Code;
6. 
Any sale conducted by any licensed merchant or mercantile or other business establishment from or at a place of business where such sale would be permitted by the zoning regulations of the City or under the protection of the present non-conforming Section of the zoning regulations or any other sale conducted by a manufacturer or dealer, provided the sale would be conducted from properly zoned premises and would not otherwise be prohibited by this Code; and
7. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, provided the burden of establishing the exemption under this Section shall be on the organization or institution claiming the exemption.
[CC 1984 §8-101; Ord. No. 3101 §2, 6-18-1973; Ord. No. 3140 §8-54.1]
Any person found guilty of violating any provision of this Article shall be subject to a fine of not more than five hundred dollars ($500.00) for each violation.