[HISTORY: Adopted by the City Council of
the City of Galax as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 86.
[Adopted as Ch. 10, Art. III, of the 1974
Code; amended in its entirety 10-25-1982]
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.
A sale held out in such a manner as to reasonably cause the
public to believe that, upon the disposal of the stock of goods on
hand, the business will cease and be discontinued, including but not
limited to the following sales; adjuster's; adjustment; alteration;
assignee's; bankrupt; benefit of administrator's; benefit of creditors';
benefit of trustees'; building coming down; closing creditor's committee;
creditor's; end; executor's; final days; forced out; forced out of
business; insolvents'; last days; lease expires; liquidation; loss
of lease; mortgage sale; receiver's; trustee's; and quitting business.
Any goods, wares, merchandise or other property capable of
being the object of a sale regulated hereunder.
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 City or will then continue business from other existing
locations in the City.
This Article is intended to augment and be in addition to the provisions of Chapter 86, Licensing, and Article II of this chapter. In the event that this article imposes a greater restriction upon persons, premises, businesses or practices than is imposed by Chapter 86 or by any other licensing ordinance of the City, the provisions of this article shall control.
The provisions of this article shall not 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,
radio or television who publishes, makes an announcement of or shows,
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.
A permit from the Commissioner of the Revenue
shall be obtained by a person before selling or offering to sell any
goods at a sale to be advertised or held out by any means to be one
of the following kinds:
A.
No permit under this article shall be granted to any
person who has not been the owner of a business advertised or described
in the application for a period of at least six months prior to the
date of the proposed sale, except for a bona fide fire sale, and excepting
also that the heirs, devisees, legatees or personal representatives
of a person doing business in the City shall have the right to apply
for a permit under this article.
B.
Any applicant for a permit under this article who
has held a sale, as regulated hereunder, at the same location as stated
in the application within one-year immediately prior to the date of
the application shall not be granted a permit, except for a new bona
fide fire sale.
Any permit issued under this article shall apply
only to the store described in the application and shall not apply
to any other store or branch store owned by the same person at another
location, and no other such store or branch shall advertise or represent
that it is cooperating in the sale or in any way participating therein.
Any person desiring to conduct a sale regulated
by this article shall make application, in writing, to the Commissioner
of the Revenue for a permit so to do, giving the following information:
A.
The true name and address of the owner of the goods
to be the object of the sale.
B.
A description of the place where such sale is to be
held.
C.
The nature of the occupancy, whether by lease or sublease,
and the effective date of termination of such occupancy.
D.
The dates of the period of time in which the sale
is to be conducted.
E.
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.
F.
The means to be employed in advertising such sale,
together with the proposed content of any advertisement.
G.
A complete and detailed inventory of the goods to
be sold at such sale as disclosed by the applicant's records. This
inventory shall be attached to and become part of the required application,
or, in lieu of an inventory made immediately prior to applying for
the permit, the most recent inventory made of the business assets
plus a complete list of all purchases made since the date of inventory
to the date of application may be used.
(1)
Bona fide orders. All goods included in the inventory mentioned in this Subsection G shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.
(2)
Goods purchased for sale hereunder. The inventory mentioned in this Subsection G shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the business thereby affected within 30 days before the filing of an application hereunder shall be deemed to be of such character.
A.
Each applicant for a permit under this article shall
pay to the Commissioner of the Revenue at the time the application
is filed a license tax or permit fee, either or both, as follows:
(1)
If, within one month after the close of the year for which all required City license taxes have become due and payable, a person holding any one or more of such licenses should elect not to renew it or them but desires the privilege of selling whatever goods he may have had on hand January 1, such person, upon submitting his application to the Commissioner of the Revenue, shall pay a license tax of $30 or $0.20 per $100, whichever is greater, of the retail value of such goods as were on hand January 1 and shown on the complete and detailed inventory required by § 116-7.
(2)
Any person applying for a permit to conduct any sale
contemplated herein that will be completely concluded prior to 12:00
midnight December 31, and who has paid all lawful license taxes required
of such person for the calendar year in which such sale will be completely
concluded, shall, upon submitting his application to the Commissioner
of the Revenue, pay a permit fee of $40.
[Amended 11-13-1990]
Upon being issued a permit hereunder for a going-out-of-business
sale, the applicant therefor shall surrender to the Commissioner of
the Revenue all business licenses he may hold at that time which are
applicable to the location and goods covered by the application for
a permit under this article.
Each permit issued hereunder shall be upon the
following terms:
A.
Permit period. The permit shall authorize the sale
described in the application for a period of not more than 30 days
following the issuance thereof.
B.
Renewal procedure. The Commissioner of the Revenue
shall renew a permit for one period of time only, such period to be
in addition to the 30 days permitted in the original permit, and not
to exceed 30 days, when he finds that:
(1)
Facts exist justifying the renewal;
(2)
The permit holder has filed an application for renewal;
and
(3)
The permit holder has submitted with the application
for renewal 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; and any application for
a permit covering any goods previously inventoried as required hereunder
shall be deemed to be an application for renewal, whether presented
by the original applicant or by any other person.
C.
Type of sale. The permit hereunder shall authorize
only one type of sale at the location named in the application and
shall authorize only the sale of goods described in the inventory
attached to the application.
No permit hereunder shall be assigned or transferred.
Any person issued a permit hereunder shall,
in addition to all other applicable provisions of this Code:
A.
Make no additions whatsoever, during the period of
the permitted sale, to the stock of goods set forth in the inventory
attached to the application for permit.
B.
Refrain from employing any untrue, deceptive or misleading
advertising.
C.
Conduct the permitted 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 City 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.
It shall be unlawful for any person to violate
or fail to comply with any provision of this article.
[Adopted 3-13-2017[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Garage and/or Yard Sales, adopted 11-27-1978; amended in its entirety
10-25-1982.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any sale operated out of a single-family dwelling, a two-family
dwelling or a multifamily dwelling including but not limited to a
sale on the premises thereof being of two hours' or more duration.
Any goods, wares, merchandise or any other property capable
of being the object of a sale.
The following general operating requirements shall apply to
all garage and/or yard sales:
A.
No garage and/or yard sale shall be held until the person conducting
such sale shall have first obtained a sale permit, and paid a fee
in the amount of $5, from the office of the Director of Finance.
B.
Application for more than two permits for the same address within
one year shall be reason for the denial of the permit by the Director
of Finance.
C.
Such permit shall be conspicuously displayed upon the premises during
the time of the sale.
A.
Directional signage for permitted yard sales shall be in compliance
with the following sections and requirements.
(1)
Up to three directional signs total may be installed directing customers
to a garage or yard sale. No more than two signs may be installed
along a priority route as defined in this section, and no more than
two may be on a secondary route as defined in this section; however,
between both the priority route and secondary route, only three total
signs may be displayed.
(2)
Directional signs displayed along the priority route or secondary
route must be within the street right-of-way; however, the garage
or yard sale permit holder must obtain written permission to display
a sign in front of a residence even if the signage is on the street
right-of-way.
(3)
One additional sign may be installed at the residence where the garage
or yard sale is being held.
(4)
All directional signs must say "GARAGE SALE" or " YARD SALE" and
must include the street address of the sale and the sale date(s).
(5)
No directional garage or yard sale sign may be larger than 18 inches
by 24 inches and must be firmly affixed to stakes or posts driven
into the ground so that the top of the signage is no more than 30
inches above finished grade.
(6)
No garage or yard sale signage may be displayed until the first day
of the permitted sale.
(7)
All garage or yard sale signage must be removed by 6:00 p.m. on the
last day of the sale.
(8)
No directional signage may be attached to utility poles, traffic
light poles, traffic cabinets, etc.
(9)
Any directional signage that does not comply with the previous sections,
or that interferes with the safe sight line and visibility at an intersection,
may be removed by the Galax Police Department or another designee
of the City Manager's office.
(10)
Priority routes are listed as:
(a)
Glendale Road along with Cliffview, Creekview, Larkspur and
Cranberry.
(b)
Meadow Street.
(c)
South Main Street.
(d)
Main Street (East Webster, Grayson, Oldtown, Center and Lafayette).
(e)
Monroe Street.
(f)
Lafayette Street.
(g)
Calhoun Street.
(h)
Fries Road.
(i)
Mountain View Road.
(j)
Greenville Road.
(k)
Nuckolls Curve Road.
(l)
McArthur Street.
(m)
West Stuart Drive.
(n)
Poplar Knob Road.
(o)
Country Club Lane.
(p)
Stockyard Road.
(q)
Kenbrook Drive.
(r)
Armory Road.
(s)
Chestnut Drive.
(t)
Branch Street.
(u)
Poplar Grove Road.
(v)
Prospect Avenue.
(w)
Fox Run.
(x)
Taylorwood Road.
(y)
Parkwood Drive.
(z)
Waugh Drive.
(aa)
Academy Drive.
All violations of this article shall constitute a Class 3 misdemeanor
and punished by a fine of up to $500, in accordance with § 18.2-11,
Code of Virginia.
