[Amended 2-26-1999, Ordinance
1999-02]
Shall mean any sale of what is held out to be or is commonly
known as a garage, porch, room, backyard or patio sale or any other
type of general sale conducted from or on any premises where goods
or articles of any type are held out for sale to the public. This
definition shall not include a situation where specific items are
held out for sale and all advertisement of such sale specifically
names the items to be sold.
1.
No person shall hold, conduct, engage in or participate in any manner,
in a residential sale without a license as provided for in this article.
2.
A separate license shall be required for each location at which a
residential sale is to be held, and no location shall be eligible
for more than one license in any six months period.
The applicant shall furnish the City Clerk with the following
information:
1.
The City Clerk shall be authorized to grant a license for a residential
sale for a period not to exceed two consecutive days to any person
applying who otherwise complies with the requirements of this Code.
2.
If a residential sale is not held on the dates for which the license
is issued or is terminated during the first day of the sale because
of inclement weather conditions, and an affidavit by the license holder
to this effect is submitted, the City Clerk may issue another license
to the applicant for a residential sale to be conducted at the same
location within 30 days from the day when the first sale was to be
held.
3.
Before issuing a residential sale license, the City Clerk may conduct
such investigation as may be reasonably necessary to determine if
there is compliance with this Code.
[Amended 12-31-2014,
Ordinance 2014-06]
There shall be a fee for residential sale licenses. The fee
for all permits shall be established by resolutions of the Weatherford
City Commission.
No person shall hold, conduct, engage in or participate in any manner or allow a residential sale to be held or conducted on premises under his control or ownership more than one time in any six months period, subject, however, to the exception allowed in § 5-104 above.
1.
Not more than one sign or other device used for the purpose of advertising
or otherwise calling attention to a residential sale, shall be allowed
for each residential sale licensed under this article.
2.
The sign, or device, shall be located on the immediate premises where
the sale is to be conducted, but in no event shall the sign or device
be more than 200 feet from the sale area.
3.
The display surface of a sign or device shall not exceed 12 square
feet on each side.
The sale area of any residential sale shall be confined to the
premises for which the license has been issued, and in no event shall
articles or goods be so displayed as to attract attention, or be conspicuously
in view from any public street.
1.
Any license issued under this article may be revoked or any application
for issuance of a license may be refused by the City Clerk if the
applicant or license holder contains any faults, fraudulent or misleading
statement.
2.
If any person is convicted of an offense of this article, the City
Clerk is instructed to cancel any existing residential sale license
held by the person convicted and not to issue such person another
residential sales license for a period of two years from the time
of conviction.
Every article sold and every day a sale is conducted in violation
of this article shall constitute a separate offense.
The provision of this article shall not apply to or affect the
following:
1.
Persons acting pursuant to an order of the court of competent jurisdiction;
2.
Persons acting in accordance with their powers and duties as public
officials;
3.
Duly licensed auctioneers selling at auctions;
4.
Any charitable organizations or persons, when the proceeds from the
sale are used directly for charitable purposes and the goods or articles
are not sold on a consignment basis.
