[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 158, Art. I, of the 1981 Revised Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- FIRE-AND-OTHER-ALTERED-GOODS SALE
- A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
- Any goods, wares, merchandise or other property capable of being the object of a sale regulated under this article.
- PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING
- Any means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, letter, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display or poster, whether in or away from the business location, radio announcement and any other means, oral or written.
- REMOVAL-OF-BUSINESS SALE
- A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the Town or will then continue business from other existing locations in the Town.
- Shall mean but shall not be limited to the sale, or an offer to sell, to the public, of goods, wares and merchandise of all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller, that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any "sale" advertised to be an "adjustment sale," "creditor's sale," "executor's sale," "administrator's sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's closeout sale," "creditor's committee sale," "forced-out-of-business sale," "removal sale" and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued.
It shall be unlawful to sell, offer or expose for sale at any sale regulated by this article, or to list on the inventory required by § 478-7, any stock which is not the stock of the store or other place the business of which is to be closed out by such sale for which a license has been granted, or to replenish or add to such stock for the purpose of disposal at such sale, or to fail, neglect or refuse to keep accurate and true records of the initial stock, the stock sold and the stock on hand.
The Municipal Council shall hold such hearings and make such investigations as may be necessary to carry out the provisions and intent of this article.
The provisions of this article shall not apply to or affect the following persons:
Persons acting pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Duly licensed auctioneers, selling at auction.
Any publisher of a newspaper, magazine or other publication who publishes in good faith any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this article have not been complied with.
The provisions of this article are intended to augment and be in addition to the other provisions of this Code and other applicable licensing ordinances of the Town. Where this article imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other provision of this Code or other licensing ordinance of the Town, then this article shall control.
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind defined by this article without first obtaining a license therefor in compliance with the provisions of this article.
A person desiring to conduct a sale regulated by this article shall make a written application to the License Clerk, setting forth and containing the following information:
The true names and addresses of the owners of the goods to be the object of the sale.
The true name and address of the person from whom the owner purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition.
A description of the place where such sale is to be held.
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
The dates of the period of time in which the sale is to be conducted.
A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted.
The means to be employed in advertising such sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records. Such inventory shall be attached to and become part of the application.
[Amended 3-25-1980 by Ord. No. MC 2601; 1-13-1981 by Ord. No. MC 2622; 3-27-1984 by Ord. No. MC 2723; 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
Any applicant for a license under this article shall submit to the License Clerk with his application a license fee of $116. Any applicant for a renewal license hereunder shall submit to the License Clerk with his renewal application a renewal fee of $224.
The license issued pursuant to the provisions of this article shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof. Such license may be renewed in the discretion of the Municipal Council for an additional period of time not exceeding 30 days upon application being made for such renewal, which application shall be accompanied by a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.
The license provided for by this article shall not be assignable or transferable.
The license provided for by this article shall authorize only the type of sale described in the application at the location named therein.
The license provided for by this article shall authorize only the sale of the goods described in the inventory attached to the application.
No license authorized under this article shall be issued unless personal property taxes owed by the applicant are paid to the date of the application for such license.
A licensee under this article shall:
Make no additions whatsoever during the period of the license sale to the stock of goods set forth in the inventory attached to the application for license.
Refrain from employing any untrue, deceptive or misleading advertising.
Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
Keep available at the place of sale a duplicate copy of the inventory submitted with the application and present such duplicate to inspecting officials upon request.
Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all such goods.
Display the license issued pursuant to this article in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of such premises.
Keep suitable books and records at the place of sale and make the same available for inspection by the Municipal Council or its authorized representative.
Upon being issued a license under this article for a going-out-of-business sale, the licensee shall surrender to the License Clerk all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this article.
Any person who has not been the owner of a business advertised or described in the application for a license under this article for a period of at least six months prior to the date of the proposed sale shall not be granted a license under this article; provided that upon the death of a person doing business in the Town, his heirs, devisees or legatees, executor or administrator shall have the right to apply at any time for a license hereunder.
Any person who has held a sale as regulated under this article at the location stated in the application within one year last past from the date of such application shall not be granted a license under this article.
Where a person applying for a license under this article operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
A license or renewal thereof issued pursuant to this article may be revoked by the Municipal Council, after notice and hearing, for any of the following reasons:
Any fraud, misrepresentation or false statement contained in the application.
Any fraud, misrepresentation or false statement made as to the inventory, stock sold or stock on hand.
Any violation of this article.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license issued pursuant to this article shall be given, in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.
A license issued pursuant to this article may be suspended for not more than five days by the Municipal Council upon probable cause being shown that the license should be revoked.
[Adopted 11-9-1977 by Ord. No. MC 2513 (Ch. 158, Art. II, of the 1981 Revised Code)]
[Amended 3-27-1984 by Ord. No. MC 2723]
As used in this article, the following terms shall have the meanings indicated:
- FLEA MARKET SALE
- Includes special sales of personal property and goods advertised as such by the licensee at such times and places regulated by the provisions of this Code and conducted and advertised by such individuals, partnerships, voluntary associations and nonprofit corporations to whom a permit and license has been granted for the specific locations and dates set forth.
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale" or "rummage sale" or any similar casual sale of tangible personal property owned by the licensee, which personal property offered for sale has not been purchased or acquired by the licensee for the purpose of resale. "Garage sales" may be conducted by owners or lessees or occupants at the premises licensed.
- Includes new or used merchandise owned by the licensee and permitted for sale subject to the prohibitions set forth in this article and those prohibited under the health, safety, and police laws of the state and the provisions of the Township Code.
[Amended 4-11-1978 by Ord. No. MC 2528; 1-13-1981 by Ord. No. MC 2622; 3-27-1984 by Ord. No. MC 2723; 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
It shall be unlawful for any person to conduct a garage sale in the Town of Irvington without first filing with the License Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "garage sales license."
The fee for a license to conduct a garage sale or a flea market sale shall be $25, provided that institutions and organizations mentioned and eligible under § 478-30E shall be exempt from paying said license fee.
[Amended 2-24-2015 by Ord. No. MC 3527]
Such license shall be issued to cover any location not more than twice within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days.
Each license issued under this article must be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the License Clerk pursuant to this article shall be as follows:
Name of person, firm, group, corporation, association or organization conducting said sale.
Name of owner or lessee of the property on which said sale is to be conducted.
Location at which sale is to be conducted.
Number of days of sale.
Date, nature of any past sale.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
The person to whom such license is issued and the owner or 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 persons shall permit any loud or boisterous conduct on said premises, nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Public Safety Department of the Town of Irvington in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Municipal Council of the Town of Irvington and shall be subject to inspection at all times by the Building Inspector, Director of Public Safety and Fire Chief or any of their agents or any other duly authorized representative of the Town of Irvington.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
No signs for advertising or directing customers are to be posted on any place other than premises of applicant. The sign is not to exceed two feet by two feet in size and cannot be placed on the premises earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this article.
The provisions of this article shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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 in number.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Town of Irvington or under the protection of the nonconforming 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 ordinances.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption; and provided further that said institutions and organizations shall be limited to two such garage sales in any twelve-month period and no such license shall be issued for more than two consecutive days.
[Amended 4-11-1978 by Ord. No. MC 2528]
[Amended 10-14-2015 by Ord. No. MC 3553]
This article shall be enforced by the License Clerk and the Public Safety Department. It shall be the duty of the License Clerk to investigate any violations of this article coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this article. It shall be the duty of the Public Safety Department of the Town of Irvington to bring to the attention of the License Clerk for further investigation any violations of this article of which the Public Safety Department becomes aware during the course of its normal duties.
[Amended 1-13-1981 by Ord. No. MC 2622; 9-8-1987 by Ord. No. MC 2835]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this article shall be subject to the following penalties:
Each day that such sale shall continue without being duly licensed shall be considered a separate violation.