The purpose of this article is to provide reasonable and necessary regulations designed to reduce traffic congestion along residential streets and in the public rights-of-way, minimize the noise and commotions that accompany most garage sales, and ensure that those persons operating retail businesses collect and remit the appropriate sales taxes to the city and state, thereby promoting the public health, safety and general welfare.
(Ordinance 2003-05-12 adopted 5/12/03)
This article shall take effect immediately from and after its passage.
(Ordinance 2003-05-12 adopted 5/12/03)
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined in this article but are defined in other ordinances of the city shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise.
Consignment.
When the owner of personal property contracts with a seller to sell the owner’s property to a third party for an agreed upon price and fee.
Garage Sale.
Includes the sale of anything of value on any premises not considered a retail business establishment and licensed to do business in the City of Teague and/or the State of Texas. For purposes of this article, the term includes and is synonymous with estate sales, patio sales, rummage sales, and yard sales.
Person.
Includes any individual, consignment seller or sellers, and/or groups responsible for the sale, the occupier and/or owner of the premises on which the sale is conducted, and/or any person conducting or participating in a sale on the premises.
(Ordinance 2003-05-12 adopted 5/12/03; Ordinance 2013-09-17(03) adopted 9/18/13)
(a) 
Permits Required.
Garage sales may be conducted only upon receipt of a permit from the city.
(b) 
Conditions.
Permits may be issued and garage sales may be conducted under the following conditions:
(1) 
Garage sales may be conducted only on a residential premises that is used for homes or the primary purpose of which is for human habitation.
(2) 
All sales shall be confined to the premises and all garage sales shall be conducted at least fifteen (15) feet from any property boundary line of the premises.
(3) 
Garage sales may be conducted only by the owner or tenant of the residential premises where the sale is held.
(4) 
Only tangible personal property may be sold at garage sales.
(5) 
No items acquired solely for the purpose of resale may be sold at garage sales.
(6) 
A garage sale may not be conducted by a person who habitually engages in or hold themselves out to engage in the business of selling tangible personal property unless the person collects and reports sales tax on the items sold in the manner prescribed by state law.
(7) 
There shall be no more than two (2) garage sales at the same premises during any one calendar year.
(8) 
The duration of any garage sale shall not exceed ten (10) consecutive hours, and may not extend over more than two (2) consecutive calendar days.
(9) 
Garage sales may not commence prior to 7:00 a.m., and must conclude no later than 7:00 p.m.
(10) 
Garage sales shall not be conducted in a manner that constitutes a public nuisance by emitting unreasonably loud noises, generating foul odors, or creating dangerous levels of vehicular or pedestrian traffic.
(11) 
All signs promoting the garage sale shall not exceed six (6) square feet and may not be displayed for more than two (2) consecutive days.
(12) 
The persons conducting the garage sale must properly dispose of all garage sale advertisement signs within four (4) hours after the garage sale ends.
(c) 
Contents of Application.
The city may provide a standard form application for garage sale permits. At a minimum, all permit applications shall include the names of all persons sponsoring the garage sale (i.e., the persons providing items for sale and receiving sales proceeds from customers), the address of the proposed garage sale, the hours of operation and the proposed date.
(d) 
Application Deadline.
Applications for garage sale permits must be submitted prior to the anticipated commencement time for the proposed garage sale.
(e) 
Permit Displayed.
Garage sale permits issued by the city must be displayed on the premises where the garage sale is being conducted. The permit must be displayed in a manner by which it is clearly visible from an adjoining public street at all times during the garage sale.
(f) 
Denial of Permit.
Permit applications may be denied by the city if the applicant or other listed persons sponsoring the sale have previously been found guilty of violating this article within the last year (12 months).
(Ordinance 2003-05-12 adopted 5/12/03; Ordinance 2013-09-17(03) adopted 9/18/13)
The person conducting a garage sale shall acquire a valid state sales tax permit and pay sales tax in accordance with state law, as amended, if the person either:
(1) 
Conducts a garage sale in excess of three (3) consecutive days; or
(2) 
Sells consignment items at said garage sale.
(Ordinance 2013-09-17(03) adopted 9/18/13)
(a) 
Sales tax shall be due on the sale of items at a garage sale if:
(1) 
The items being sold were not originally acquired for personal use by the person or a family member of the person selling them; and
(2) 
If the total receipts from sales of the individual’s property in the calendar year the garage sale is made exceed $3,000.00.
(b) 
A seller shall not owe sales tax on the first $3,000.00 in total receipts that an individual earns from the sale of items that were originally acquired for personal use by the person, or a family member of the person, selling them. Once the $3,000.00 threshold is reached, the individual must obtain a sales tax permit and begin collecting state and local sales and use taxes beginning with the first sale after the $3,000.00 threshold was exceeded, and must continue to collect tax on all sales of taxable items for the remainder of the calendar year.
(Ordinance 2013-09-17(03) adopted 9/18/13)
It shall be an offense to conduct a garage sale:
(1) 
Without the valid applicable permits listed in this article; and/or
(2) 
In violation of any the conditions listed in this article.
(Ordinance 2013-09-17(03) adopted 9/18/13)
A person who violates this article commits an offense for which enforcement action may be brought as follows:
(1) 
Civil and Criminal Penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations.
(2) 
Criminal Prosecution.
Any person violating any provision of this article shall, upon conviction, be fined in accordance with the general penalty provision found in Section 1.109 of this code, and such fine shall be a minimum of $150.00 per offense. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(3) 
Civil Remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(A) 
Injunctive relief to prevent specific conduct that violates the article or to require specific conduct that is necessary for compliance with this article; and
(B) 
A civil penalty up to one-hundred dollars ($100.00) a day when it is shown that the defendant was actually notified of the provisions of the article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with the article; and
(C) 
Other available relief.
(Ordinance 2003-05-12 adopted 5/12/03; Ordinance 2013-09-17(03) adopted 9/18/13)
The city council has the authority to temporarily alter or suspend any of the provisions of this article if such suspension serves the benefit of the city. Such temporary suspension must be in writing and must set out specific justification for the temporary suspension. Justification may include city-sponsored festivals or special events, or civic activities sponsored by incorporated charitable, educational, or fraternal organizations that provide sufficient documentation to the city of the sponsor’s efforts to mitigate the adverse effects of the sale on surrounding properties.
(Ordinance 2003-05-12 adopted 5/12/03)