[HISTORY: Adopted by the Village Board of the Village of Sauk City
at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
Definitions. As used in this section, the following terms
shall have the following meaning, unless the context clearly indicates that
a different meaning is intended:
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.
License required. 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 Administrator on forms to be provided
by the Administrator. 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.
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.
Records to be kept by licensee. Each person required
by this section 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.
Secondhand stores excepted. No person, firm or corporation
having a license as a secondhand store shall be required to obtain a license
under this section for the same business location.
More than one market. 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.
Purchases from children. 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.
Hours; duration. Flea markets may remain open for business
between the hours of 7:00 a.m. and 8:00 p.m., for a maximum of three days,
unless otherwise specified on the license by the Board at time of issuance.
Location; frequency. Flea markets are not permitted in
any zoning district except for business or industrial zoned districts except
with written permission from the Village Board. Written owner's permission
of the property location must be on file with the Village Administrator prior
to the date(s) of the event. Flea markets may be held a maximum of two occurrences
per year in the Village and a maximum of one event per location annually,
unless otherwise approved by the Village Board.
Penalty. In addition to the suspension or revocation of a license issued under this section, any person who shall violate any provision of this section or any regulation, rule or order made hereunder shall be subject to a penalty as provided in Chapter 1, § 1-12 of this Code.
Garage sales, yard sales and similar merchandise sales
may be held no more than twice per year at any residence, and for a total
of not more than six days in that year. The Administrator may authorize additional
sales and/or sale days if warranted by unusual circumstances. All goods offered
for sale shall be household goods or personal possessions from the residence
where the sale is being held or, in the case of a group sale, from the residences
of the participating households.
Any garage sales, yard sales and similar merchandise
sales by nonprofit, philanthropic, or civic organizations must be approved
by the Administrator and may be held no more than twice per year for not more
than a total of six days in that year. The Administrator may authorize additional
sales and/or sale days if warranted by unusual circumstances.
Garage sale signs may not have an area more than six
square feet with a maximum of two faces. Garage sale signs shall identify
the location of the sale and must be located at least five feet from the street
line or nearest lot line.
No garage sale sign may be located on utility poles,
traffic control devices, or on property where the property owner has not given
explicit permission for its location.
No more than one garage sale sign may be located at the
sale site and no more than two garage sale signs may be located off the site,
except that two signs are permitted on corner lots, one facing each street.
All general sales open to the public, conducted from or on a residential
premises, for the purpose of disposing of personal property, including but
not limited to all sales titled rummage, lawn, yard, porch, room, backyard,
patio, or garage sale.
Property which is owned, utilized and maintained and acquired in
the normal course of living in or maintaining a residence. It does not include
merchandise which was purchased for resale or obtained on consignment.
Penalty. In addition to the suspension or revocation of a license issued under this section, any person who shall violate any provision of this section shall be subject to a penalty as provided in Chapter 1, § 1-12 of this Code.