[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach 8-24-1977 by L.L. No. 4-1977. Amendments
noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 162.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any goods, wares, merchandise or other property capable
of being the object of a sale regulated hereunder.[1]
Includes individuals, partnerships, voluntary associations and corporations.
Includes all sales 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 the area, including auction sales of
real or personal property, which sale is advertised by any means whereby the
public at large is or can be made aware of said sale.
[Amended 4-14-1997 by L.L. No. 7-1997[1]]
It shall be unlawful for any person to conduct a tag sale, garage sale,
attic, law, rummage and flea sale in the Village of Atlantic Beach without
first filing with the Village Clerk the information hereinafter specified
and obtaining from such Village Clerk a license so to do. The information
shall be filed at least 10 days prior to the first day of the sale. The fees
for tag sale garage sale, attic, lawn, rummage and flea market sales shall
be as set forth, from time to time, by resolution of the Board of Trustees. [2]
A.
Such license shall be issued by 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 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 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 four signs advertising such sale, each of which is no larger
than 24 inches by 12 inches in size, shall be permitted. One such sign must
be posted on the premises where such sale is conducted and must contain the
name and address of the person conducting the sale. Said 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 of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts 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 Village of Atlantic Beach.
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 such person shall
permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or 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 Atlantic Beach
in, order to maintain the public health, safety and welfare.
A.
Any person or corporation committing an offense against
any of the provisions of this chapter or failing to comply therewith, or with
any of the requirements thereof, shall be guilty of a violation punishable
by and subject to a fine of not more than $500 or by imprisonment for not
more than 15 days or by both such fine and imprisonment for each
such violation upon conviction of any section or provision of this chapter.[1]
B.
Each day's continued offense shall constitute a
separate violation.
