[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 2-17-1981 by L.L. No. 4-1981. Amendments noted where applicable.]
General licensing provisions — See Ch. 86.
Editor's Note: Garage sale provisions were adopted as Art. XI of L.L. No. 4-1981, which law relates as well to Ch. 48, Boardinghouses and Rooming Houses; Ch. 68, Food-Handling Establishments; Ch. 82, Junk Dealers; Ch. 86, Licensing and Business Regulations; Ch. 92, Parking Field Businesses; Ch. 97, Peddlers and Solicitors; Ch. 109, Secondhand Dealers; and Ch. 124, Theaters.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- All sales entitled "garage sale," "tag sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property in an area other than a business zone where such use is permitted, which sale is advertised by any means whereby the public at large is or can be made aware of said sale.
- Any goods, merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations, corporations, etc.
It shall be unlawful for any person to conduct a garage sale in the Village of Hempstead in an area other than a business zone where such use is permitted, without first filing with the Village Clerk the information hereinafter specified and obtaining from such Village Clerk a license so to do, to be known as a "garage sale license." The fee for such license is hereby fixed at $15.
Such license shall be issued to any one person or for any one location only once within a twelve-month period, and no such license shall be issued for more than two consecutive calendar days.
Each license issued under this chapter must be prominently displayed on the premises upon which the garage 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:
Name of persons, firm, group, corporation, association or organization conducting said sale.
Name of the fee owner of the real property on which said sale is to be conducted, and consent of the fee owner if the applicant is other than the fee owner.
Location at which the sale is to be conducted.
Number of days of sale.
Date and nature of any similar sale within the past 12 months.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting any garage sale within the past 12 months and the date or dates of any such sale.
A statement to the effect that no goods to be offered for sale were acquired for the purpose of their being offered for sale at such garage sale.
Any garage sale shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only, except that on Sundays and holidays the same shall be conducted between the hours of 12:00 noon 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. Said signs must be removed within 24 hours after the completion of the sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
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.
Any bona fide and duly organized charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption; and provided further, however, that such institution or organization cannot conduct more than four garage sales in a calendar year.
[Amended 9-20-2011 by L.L. No. 6-2011]
The person to whom such license is issued and the fee owner and occupant 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 the Police Department and Fire Department of the Village of Hempstead in order to maintain the public health, safety and welfare.