As used in this chapter, the following terms shall have the following
meaning, unless the context clearly indicates that a different meaning is
intended:
FLEA MARKET
A market, indoors or out of doors, where new or used items are sold
from individual locations, with each location being operated independently
from the other locations. Items sold include but are not limited to household
items, antiques, rare items, decorations, used books and used magazines.
FLEA MARKET SELLER
A person, firm or corporation selling items or offering items for
sale at a flea market.
MARKET
A place where goods are sold to the public.
No person, firm or corporation shall operate the business of renting
space or allocating space to flea market sellers without first obtaining a
license therefor from the Village Board. Applications for license shall be
made to the Village Clerk-Treasurer, on forms to be provided by the Village
Clerk-Treasurer. Only one license shall be required for each flea market,
and the individual flea market sellers shall not be required to obtain a license
under this section. The fee for such license shall be as set by the Village
Board. The Village Board may restrict the license for use on certain dates
and times.
The information to be filed with the Village Clerk-Treasurer, pursuant
to this chapter, shall be as follows:
A. Name of the person, 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.
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.
Each person required by this chapter to obtain a license shall keep
accurate records of the names and addresses of each flea market seller, together
with a brief description of the type or types of merchandise offered for sale
by that seller.
No person, firm or corporation having a license as a secondhand store
shall be required to obtain a license under this chapter for the same business
location.
Any person, firm or corporation renting or allocating space to flea
market sellers in more than one place of business shall be required to obtain
a license for each place of business, provided that one license shall be adequate
for locations that are on the same lot, adjacent lots or lots separated only
by an alley.
No person shall sell or offer for sale at any flea market any goods
known to such person to be stolen.
No flea market seller shall purchase any used household item, antique
or used article whatsoever from any person under the age of 18 years, unless
such person is accompanied by the person's parent or guardian.
Flea markets may remain open for business between the hours of 9:00
a.m. and 8:00 p.m., unless otherwise specified on the license by the Board
at time of issuance.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in Chapter
1, §
1-3 of this Code.