[HISTORY: Adopted by the Township Committee
of the Township of Mansfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-27-2007 by Ord. No. 2007-07]
As used in this article, the following terms
shall have the meanings indicated:
Any sale of merchandise not conducted as part of a continuing
business venture, or any casual sale of tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of said sale. The term "one-day sale" shall include
all types of one-time sales, including "company merchandise sales"
or "flea market sales," but shall not include local garage or yard
sales conducted and advertised for no more than two locations. A one-day
sale permit is required for larger block or neighborhood-wide garage
or yard sales.
Includes individuals, partnerships, voluntary associations
and corporations.
A.Â
No person shall conduct a one-day sale within the Township of Mansfield without first filing with the Township Clerk the information required by § 274-3 hereof and obtaining a one-day sale permit from said Clerk.
B.Â
The Township retains full discretion to review requests
for said permits so that a request may be denied where reasonably
deemed to be inappropriate for the location, date or time at issue.
Sufficient parking and safety concerns will also be considered.
C.Â
A one-day sale permit shall be issued to any applicant
who complies with the terms and conditions of this article, except
that such shall not be issued to the same applicant or for the same
property more than twice within any calendar year. One-day sale permits
shall not be issued for more than two consecutive calendar days.
D.Â
A one-day sale permit must be prominently displayed
on the premises upon which the sale is conducted throughout the entire
period of the sale.
The following information must be filed with
the Township Clerk, on a form provided therefor, before a one-day
sale permit may be issued:
A.Â
The name of the person conducting the sale.
B.Â
Written consent of the owner, if the applicant is
a tenant in possession of the property on which the sale is to be
conducted.
C.Â
The location at which the sale is to be conducted.
D.Â
The number of days of the sale.
E.Â
Plans for parking and security at the event.
F.Â
The date and nature of any past sale.
G.Â
Whether the applicant is conducting the sale together
with, for or on behalf of any other person, firm, group, organization,
association or corporation and, if so, the name of said person, firm,
group, organization, association or corporation and the date or dates
of any past sale held by same.
H.Â
Whether or not the applicant has, within the last
12 months, been issued any other vendor's license by any local, state
or federal agency.
I.Â
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known by him
to be so.
All signs advertising a one-day sale shall have
a space allotted thereon, upon which shall be placed the name and
address of the person to whom the permit has been issued. No signs
for advertising are to be posted on any place other than the premises
of the applicant, the location where the sale is to take place, if
different, or such other location with the written permission of the
property owner. The sign is not to exceed four square feet in size
and shall not be placed on the premises earlier than one week prior
to the sale and shall be removed within 24 hours after the sale has
terminated. Signs providing direction to the location of a one-day
sale may only be posted on the day of said sale and must be removed
within 24 hours after the sale has terminated.
All one-day sales shall be conducted between
the hours of 9:00 a.m. and 5:00 p.m. only.
The provisions of this article shall not apply
to or affect the following persons or sales:
A.Â
Persons selling goods otherwise expressly permitted
by these ordinances, state or federal law, or pursuant to an order
or process of a court of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and
duties as public officials.
C.Â
Any persons selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed five in
number.
Upon application by any bona fide charitable,
nonprofit civic, educational, cultural or governmental institution
or organization, the Township Committee may waive any or all of the
requirements of this article; provided, however, that the burden of
establishing eligibility for waiver shall be on the organization or
institution applying for such waiver.
