[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:
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.
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.
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:
A.
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Duly licensed auctioneers, selling at auction.
D.
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:
A.
The true names and addresses of the owners of the goods to be the
object of the sale.
B.
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.
C.
A description of the place where such sale is to be held.
D.
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of such occupancy.
E.
The dates of the period of time in which the sale is to be conducted.
F.
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.
G.
The means to be employed in advertising such sale, together with
the proposed content of any advertisement.
H.
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:
A.
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.
B.
Refrain from employing any untrue, deceptive or misleading advertising.
C.
Conduct the licensed sale in strict conformity with any advertising
or holding out incident thereto.
D.
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.
E.
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.
F.
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.
G.
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:
A.
Any fraud, misrepresentation or false statement contained in the
application.
B.
Any fraud, misrepresentation or false statement made as to the inventory,
stock sold or stock on hand.
C.
Any violation of this article.
D.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
E.
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:
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.
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]
A.
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."
A.
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.
B.
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:
A.
Name of person, firm, group, corporation, association or organization
conducting said sale.
B.
Name of owner or lessee of the property on which said sale is to
be conducted.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date, nature of any past sale.
F.
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:
A.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
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.
D.
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[1] 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.
E.
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.
A.
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:
B.
Each day
that such sale shall continue without being duly licensed shall be
considered a separate violation.
