The following terms used in this chapter shall have the following
meanings, unless the context clearly indicates that a different meaning
is intended:
FLEA MARKET
A market, indoor or out of doors, where new or used items
are sold from individual locations, with each location being operated
independently from the other locations. Items sold include, but are
not limited to, household items, antiques, rare items, decorations,
used books and used magazines.
FLEA MARKET SELLER
A person, firm or corporation selling items or offering items
for sale at a flea market.
MARKET
A place where goods are sold to the public.
No person, firm or corporation shall operate the business of
renting space or allocating space to flea market sellers without first
obtaining a license therefore from the Village Board. Applications
for license shall be made to the Clerk/Treasurer, on forms to be provided
by the Clerk/Treasurer. Only one license shall be required for each
flea market and the individual flea market sellers shall not be required
to obtain a license under this section. The fee for such license shall
be $50 per year, with option to waive by Board action for nonprofits.
The Village Board may restrict the license for use on certain dates
and times.
The information to be filed with the Clerk/Treasurer, pursuant
to this chapter, shall be as follows:
A. Name of person, firm, group, corporation, association or organization
conducting said sales.
B. Name of owner of the property on which said sale, is to be conducted
and consent of owner if applicant is other than the owner.
C. Location at which sale is to be conducted.
E. Date, nature of any past sale.
F. 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.
G. Whether or not applicant has been issued any other vendor's
license by any local, state or federal agency.
H. 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.
Each person required by this chapter to obtain a license shall
keep accurate records of the names and addresses of each flea market
seller, together with a brief description of the type(s) of merchandise
offered for sale by that seller.
No person, firm or corporation having a license as a secondhand
store shall be required to obtain a license under this chapter for
the same business location.
Any person, firm or corporation renting or allocating space
to flea market sellers in more than one place of business shall be
required to obtain a license for each place of business, provided
that one license shall be adequate for locations that are on the same
lot, adjacent lots or lots separated only by an alley.
No person shall sell or offer for sale at any flea market any
goods known to such person to be stolen.
No flea market seller shall purchase any used household item,
antique or used article whatsoever from any person under the age of
18 years, unless the person is accompanied by his/her parent or guardian.
Flea markets may remain open for business between the hours
of 9:00 a.m. and 8:00 p.m., unless otherwise specified on the license
by the Village Board at the time of issuance.
All signs advertising flea markets, rummage, garage, yard and
porch sales shall be removed as soon as possible after sale, but within
twenty-four-hour period.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a forfeiture as provided in §
1-2, General penalty, of this Code for each and every offense together with the costs of such prosecution.