This chapter shall be known as the "Saco Flea Market Ordinance."
The City recognizes the economic value of so-called "flea markets" to
the community. These markets are a place for individuals from both the local
community and from out-of-state to sell, merchandise and purchase new and
secondhand goods at low cost. Flea markets also are a community gathering
spot. They produce jobs for local citizens and income for merchants, as well
as a place for people to meet. These markets, however, have been unregulated
and have been disruptive of neighbors and traffic flow. They are a visual
distraction and detriment to the City when not adequately controlled. In addition,
some individual flea market vendors violate City zoning standards, offer for
sale dangerous or illegal products and do not always comply with state tax
laws. Because of the nature of their operations, these individual vendors
are difficult to regulate. The City adopts the following chapter to promote
flea markets in general but with the goal of protecting the visitors to our
community and the neighborhoods where such markets are found.
Except as expressly provided in this chapter, no license may be revoked
or suspended without prior notice to the licensee and after a hearing. In
the case of the suspension or revocation of a license, a hearing shall be
given to the licensee and a generalized statement of the nature of the complaint
constituting the basis for the proposed action shall be included in the notice
of hearing. Failure of the business to appear at the hearing shall be deemed
a waiver of the rights to said hearing. All suspensions or revocation shall
be upon substantial evidence and all hearings shall be conducted with substantial
fairness. "Substantial fairness" is defined to mean that the Clerk or Council
shall not arbitrarily deny, suspend or revoke a license but will base their
decision upon credible evidence of one or more of the grounds described above.
All flea market operators shall post on their property a conspicuous
notice that guests and/or customers of the market may bring any
complaint regarding the market or any vendor to the City, Monday through Friday,
9:00 to 4:00, at 300 Main Street, Saco.