[Amended 11-19-2007 by L.L. No. 8-2007]
This chapter shall be titled "Special Sales Events and Garage Sales."
The authority for this chapter is § 10 of the Municipal Home Rule Law and Article
16 of the Town Law.
The purpose and intent of this chapter is to regulate the temporary
use of land for special sales events in a manner consistent with its normal
use and beneficial to the general welfare of the public. Furthermore, it is
the intent of this chapter to protect nearby property owners, residents and
businesses from special events which may be disruptive, obnoxious, unsafe
or inappropriate given site conditions, traffic patterns, land use characteristics
and the nature of the proposed use. Finally, it is the intent of this chapter
to preserve the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALES
The sale of household or personal items from private residential
property, on a temporary basis that may or may not have been advertised. Other
common names include, but are not limited to, "tag sale," "yard sale," "porch
sale," "tent sale," "rummage sale," or "attic sale."
[Added 11-19-2007 by L.L. No. 8-2007]
OFF-SITE SALES
Sales of goods or merchandise by a business at a location other than
its principal location in the Town of Queensbury.
SPECIAL SALES EVENT
A temporary, short-term use of land or structures for the purpose
of off-site sales, or on-site sales in a tent or similar temporary structure
if such sales were not permitted by site plan review, conducted by an established
business lawfully in existence and operation within the Town of Queensbury,
provided that the items being offered for sale are those items already primarily
offered for sale by that business at its principal location.
[Amended 5-16-2005 by L.L. No. 2-2005]
Any applicant whose special sales event permit is denied by the Department
of Community Development may appeal such denial to the Town Board of the Town
of Queensbury. The appeal to the Town Board shall be made by way of written
letter submitted to the Town Clerk of the Town of Queensbury within 30 days
of the date the permit is denied. The letter appealing the denial decision
shall set forth each and every reason why the applicant feels that the denial
of the permit was improper. Upon receipt of such an appeal, the Town Board
of the Town of Queensbury shall, within 30 days, mail written notice to the
applicant stating that the Town Board will consider the appeal within 30 days
at a public meeting at which the applicant will have the right to be heard.
Upon such consideration and within 30 days thereafter, the Town Board of the
Town of Queensbury shall make a decision as to whether to uphold or overturn
the Department of Community Development's denial. In the event that the Town
Board fails or refuses to take action on the appeal, such nonaction shall
not be considered as approving the permit, but shall allow the applicant to
proceed with any type of legal proceeding which (s)he may be entitled to commence
under law. Any such legal proceeding must be commenced within 30 days of the
Town Board's action or 30 days from the last date by which the Town Board
was to have taken some action as required by this chapter.
The Town Board may, from time to time and by resolution, specify the
form of the applications and permits required herein but may not change the
content or matters to be included therein without revision of this chapter.
If for any reason any section or part or parts of any section of this
chapter shall be deemed unlawful or unenforceable by a court of competent
jurisdiction, such determination shall not affect or impair the validity of
any other provisions of this chapter, but such other provisions shall remain
in full force and effect.
[Amended 11-19-2007 by L.L. No. 8-2007]
In addition to the Town of Queensbury officers and/or employees authorized,
expressly or by implication, to administer and enforce this chapter, the Code
Compliance Officer, Director of Building and Code Enforcement, Zoning Administrator
and Fire Marshal for the Town of Queensbury are expressly delegated the duty
and responsibility to administer and enforce the provisions of this chapter
and, in furtherance thereof, to issue appearance tickets as defined, authorized
and set forth in Article 150 of the Criminal Procedure Law of the State of
New York.