For the purpose of this chapter, the following definitions shall apply:
FLEA MARKET
A sale of items of tangible personal property wherein on one location
there are multiple vendors who have paid a fee for the privilege of occupying
the space allotted to each such vendor for the purpose of displaying and selling
items of tangible personal property.
No person, firm or corporation may, without a license, conduct a flea
market other than a bona fide charitable, eleemosynary, educational or cultural
organization not for profit and being able to establish that it is such type
of nonprofit organization; subject, however, to the following requirements:
A. Each organization authorized to conduct a flea market
in accordance with this chapter shall obtain a permit from the Township Clerk
at least 14 days prior to the date of the commencement of such flea market
sale.
B. Such permit shall set forth the following:
(1) The name and address of the organization conducting the
sale.
(2) The street address of the location at which said flea
market sale is to be conducted.
(3) The date or dates of the sale.
(4) There shall be a permit fee of $1 for each sale conducted.
C. Such flea market sales shall be limited to two consecutive
calendar days, excluding Sunday, and shall be conducted only between the hours
of 9:00 a.m. and 7:00 p.m. There will be a maximum of two rain dates allowed.
D. The permit for the conducting of such sale must be prominently
displayed upon the premises upon which the sale is conducted throughout the
entire period of sale.
Any person, firm or corporation not a bona fide charitable, eleemosynary,
educational or cultural organization as set forth above may obtain a license
to operate a flea market from the Township Clerk upon filing a list of each
person, group of persons, firms or organizations which will participate in
said flea market, the home address of each said person or firm, the location
of the flea market, its dates and hours of operation and the number of booths.
The annual fee for each flea market shall be $5 per stall or booth.
Immediately upon the conclusion of any sale or series of sales authorized
by this chapter, the permittee shall be obliged within 24 hours after the
conclusion of said sale to clean the outside of said premises and remove all
unsold merchandise therefrom and restore same to the condition in which it
existed prior to said sale.
The provisions of this chapter shall not apply to affect the following:
A. Persons selling goods 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. The selling or advertising for sale of any item or items
of personal property which are specifically described in the advertisement.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty set forth in Chapter
1, Article
II, Penalty.