[CC 1961 §19.1; Ord. No. 2025 §1, 7-1-1974]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Shall include all sales or any similar sale of tangible personal
property which is advertised by any means whereby the public at large
is or can be made aware of the sale.
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Individuals, partnerships, voluntary associations, and corporations.
[CC 1961 §19.2; Ord. No. 2025 §1, 7-1-1974; Ord.
No. 3335 §1, 6-19-1995]
A.
It
shall be unlawful for any person to conduct a garage sale in the City
of Berkeley, Missouri, without first filing with the Director of Finance
the information hereinafter specified, and obtaining from such Director
of Finance a permit to be known as a "Garage Sale Permit". No fee
shall be charged for the issuance of said permit.
B.
Such
permit shall be issued to any one (1) person on the same premises
twice within a twelve (12) month period, and no such license shall
be issued for more than four (4) consecutive calendar days. The sale
shall be restricted to between the hours of 7:00 A.M. and 7:00 P.M.
More than two (2) permits may be granted during a twelve (12) month
period with the approval of the City Council. Extensions may be granted
by the Director of Finance in cases of inclement weather or for other
legitimate delays.
C.
Each
permit issued under this Chapter must be prominently displayed on
the premises upon which the garage sale is conducted throughout the
entire period of the licensed sale.
[CC 1961 §19.3; Ord. No. 2025 §1, 7-1-1974]
A.
This
information to be filed with the Director of Finance pursuant to this
Chapter, shall be as follows:
1.
Name of person, firm, group, corporation, association, or organization
conducting said sale.
2.
Name of owner of the property on which said sale is to be conducted
and consent of owner, if applicant is other than owner or lessee.
3.
Location at which sale is to be conducted.
4.
Number of days of sale.
5.
Date, nature of any past sale.
6.
Relationship or connection applicant may have had with any other
person, firm, group, organization, association, or corporation conducting
said sale and the date or dates of such sale.
7.
Whether or not applicant has been issued any other vendor's license
by any local, State or Federal agency.
8.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him/her to be so.
9.
Statement that all property to be sold is the personal property of
the applicant(s) and same has not been acquired or consigned to the
said applicant for purposes of resale.
[CC 1961 §19.4; Ord. No. 2025 §1, 7-1-1974; Ord.
No. 3335 §1, 6-19-1995]
All persons are prohibited from making, causing to be made,
or erecting signs pertaining to the sale, with the following exceptions:
one (1) double-faced sign, not exceeding six (6) square feet in area,
and said sign may be permitted on the said property two (2) days before
the sale, and on the sale days only; and one (1) sign may be permitted
at the entrance to the street wherein the sale is to be held. Said
signs must be removed at the close of the sale.
[CC 1961 §19.5; Ord. No. 2025 §1, 7-1-1974]
A.
The
provisions of this Chapter shall not apply to or 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 five (5) 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 Chapter have not been complied
with.
5.
Any sale conducted by any merchant or mercantile or other business
wherein such sale would be permitted by the zoning regulations of
the City of Berkeley under the protection of the non-conforming use
Section thereof or any other sale conducted by a manufacturer, dealer
or vendor and which sale would be conducted from properly zoned premises
and not otherwise prohibited in the revised ordinances.
[CC 1961 §19.6; Ord. No. 2025 §1, 7-1-1974]
A.
This
Chapter shall be enforced by the Director of Public Works who shall
investigate any violations of this chapter coming to his/her attention,
whether by complaint or arising from his/her own personal knowledge,
and if a violation is found to exist, he/she shall prosecute a complaint
before the Municipal Court pursuant to the provisions of this Chapter.
It shall be the duty of the Police Department of the City of Berkeley
to bring to the attention of the Director of Public Works for further
investigation any violations of this Chapter which the Police Department
becomes aware during the course of its normal duties.
B.
The
person to whom such license is issued and the resident owner of, or
the tenant of the premises on which such sale or activity is conducted
shall be jointly and severally responsible for the maintenance of
good order and decorum on the premises during all hours of such sale
or activity. No such person shall permit any loud or boisterous conduct
on said premises. All such persons shall obey the reasonable orders
of any member of the Police or Fire Departments and Director of Pubic
Works of the City of Berkeley, Missouri, in order to maintain the
public health, safety and welfare.
[CC 1961 §19.7; Ord. No. 2025 §1, 7-1-1974]
Any person, association or corporation conducting any such sale
or similar activity without being properly licensed therefore, or
who shall violate any of the other terms and regulations of this Chapter,
shall upon conviction, be fined not less than one dollar ($1.00) nor
more than five hundred dollars ($500.00). Each day that such violation
occurs shall be considered a separate offense.
