[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck 5-31-1977 by L.L. No. 4-1977 (Ch. 107 of the 1976
Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
Includes any sale entitled "tag sale," "garage sale," "lawn
sale," "attic sale," "rummage sale" or "flea market sale" or any similar
casual sale of tangible personal property, in an area the zoning for
which does not permit the same, which sale is advertised by any means
whereby the public at large is or can be made aware of said sale.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No.
17-2003]
It shall be unlawful for any person to conduct
a tag sale in the Village of Great Neck, in an area the zoning for
which does not permit the same, without first filing with the Village
Clerk the information hereinafter specified and obtaining from such
Village Clerk a license to do so, to be known as a "tag sale license."
The fee for such license shall be in such amount as shall be prescribed
from time to time by the Board of Trustees.
A.
Such license shall be issued to any one person only
once 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 chapter must be prominently
displayed on the premises upon which the tag sale is conducted throughout
the entire period of the licensed sale.
The information to be filed with the Village
Clerk pursuant to this chapter shall be as follows:
A.
Name of persons, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner of the property on which said sale
is to be conducted and the consent of the owner if the applicant is
other than the owner.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the 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 the 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
to be so.
All tag sales shall be conducted between the
hours of 9:00 a.m. and 6:00 p.m. only.
No more than two signs advertising such sale,
each of which is no larger than 24 inches by 12 inches in size, shall
be permitted. All such signs must be posted on the premises where
such sale is conducted and must contain the name and address of the
person conducting the sale. Sale signs must be removed within 48 hours
after the completion of the sale.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
Any person selling and advertising for sale only an
item or items of personal property which are specifically named or
described in the advertisement and which separate items do not exceed
10 in number.
D.
Any publisher or a newspaper, magazine or other publication
or other communication media who publishes or broadcasts anything
in good faith without knowledge of its false, deceptive or misleading
character or without knowledge that the provisions of this chapter
have not been complied with.
E.
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 Village
of Great Neck, 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 this Code of Ordinances.[1]
[1]
Editor’s Note: Former Subsection F, pertaining to charitable,
eleemosynary, educational, cultural or governmental institutions or
organizations, and which immediately followed this subsection, was
repealed 8-7-2012 by L.L. No. 13-2012.
[Amended 2-4-2003 by L.L. No. 2-2003]
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 person shall permit any loud or boisterous conduct
on said premises nor permit vehicles to impede the passage of traffic
on any public streets in the area of such premises. All such persons
shall obey the reasonable orders of any member of the Police Department
or Fire Department of the Village of Great Neck in order to maintain
the public health, safety and welfare.
