[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
Article I Distress Sales
Article II Garage Sales and Flea Markets
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 10-43 to 10-58 of the 1978 Revised General Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- DISTRESS SALE
- Includes a fire and altered goods sale, a going-out-of-business sale and a removal of business sale.
- FIRE AND OTHER ALTERED GOODS SALE
- A sale held out in such a manner as to cause the public reasonably to believe that the sale will offer goods damaged or altered by fire, smoke, water or other similar means.
- GOING-OUT-OF-BUSINESS SALE
- A sale held out in such a manner as to cause the public reasonably to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales: adjuster's; adjustment; alteration; assignee's; bankrupt; benefit of administrators; benefit of creditors; benefit of trustees, building coming down; closing; creditor's committee; creditor's; end; executor's; final days; forced out; forced out of business; insolvent's; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver's; trustee's; quitting business.
- Includes any goods, wares, merchandise or other property capable of being the object of a distress sale.
- REMOVAL OF BUSINESS SALE
- A sale held out in such a manner as to cause the public reasonably to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location or will then continue business from other existing locations.
- SALE OR SELLING OF GOODS
- Includes sales by means of auction.
No person shall conduct a distress sale, or sell or offer to sell goods at a distress sale, without first obtaining a license therefor from the City Clerk, which license shall bear a number issued by the City Clerk and shall be prominently displayed at the premises where the distress sale takes place.
A person desiring a license to conduct a distress sale shall make written application to the City Clerk setting forth the following information:
The name and address of the person from whom the goods to be sold were purchased and the price paid therefor and if not purchased, the manner by which they were acquired.
Description of the place where such sale is to be held.
Nature of the occupancy of such place, whether by lease or sublease, and the effective date of termination of such occupancy.
The period of time during which the sale is to be conducted.
Full and complete statement of the facts in regard to the sale, including the reason for the holding of a distress sale and the manner in which the sale will be conducted, and if by auction, the application shall so state.
Means to be employed in advertising such sale, together with the proposed content of any advertisement.
A complete and detailed inventory of the goods to be sold at such sale as disclosed by applicant's records shall be attached to and become a part of the application required under this article.
All goods included in the inventory submitted to the City Clerk shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of or for the purpose of conducting a distress sale.
Any unusual purchase or addition to the stock of goods of the applicant made within 60 days of the filing of an application hereunder shall be presumed to be an acquisition of goods in contemplation of a distress sale unless the applicant can demonstrate the contrary.
Any person who has not been the owner of the business described in the application for a license hereunder for a period of at least one year prior to the date of the proposed sale and any person who has held a distress sale at the location stated in the application within one year past from the date of such application shall not be granted a license, provided that, in the event of the death of the owner of a business, the heirs or representatives of such person shall not be denied a license by reason of the provisions of this section.
Where a person applying for a license hereunder operates more than one place of business, the license shall apply only to the one store or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
The provisions of the article shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials.
No license provided for in this article shall be issued unless and until all taxes and assessments and fees and charges due the City shall have been paid.
An applicant for a license hereunder shall submit to the City Clerk with the application for license a license fee as provided for in Chapter 191, Fee Schedule. An applicant for renewal of any license granted hereunder shall submit to the City Clerk with his application for renewal a renewal license fee as provided for in Chapter 191.
The license shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof. The City Clerk shall renew a license for one additional period of 30 consecutive days if the City Clerk finds that:
Facts exist justifying the license renewal;
The licensee has filed a written application for said renewal; and
The licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.
For the purposes of this section, any application for a license under the provisions of this article covering goods previously inventoried as required hereunder shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.
Upon being issued a license hereunder for a distress sale, the licensee shall surrender to the City Clerk all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this article.
Any license herein provided for shall not be assignable or transferable.
A licensee hereunder shall:
Adhere to inventory. Make no additions whatsoever during the period of the licensed sale to the stock of goods set forth in the inventory attached to the application for license.
Advertise properly. Refrain from employing any untrue, deceptive or misleading advertising, and, in any advertisement by handbills, circulars, placards, signs, notices, newspapers or publication or other advertising, include therein the number and date of the license issued by the City Clerk.
Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.
Keep duplicate inventory. Keep available at the place of sale a duplicate of the inventory submitted with the application and present the same to inspecting officials upon request.
Segregate noninventoried goods. Keep any other goods separate and apart from the sale goods and make such distinction clear to the public.
The following provisions, in addition to all other provisions of this article, shall apply to any distress sale by auction or any distress sale which includes the sale of any goods by auction:
The application to be submitted to the City Clerk shall include the names and addresses of the person or persons designated to act as auctioneers. No more than three persons shall be so designated, and no person not so designated shall conduct a sale by auction.
No person shall act at any such auction sale as a false bidder or what is commonly known as a "capper," "booster" or "shiller" or offer to make any false bid to buy any article being auctioned or offered for sale.
The license holder (or its agent if the holder is a corporation) shall remain in continuous attendance while any sale by the auctioneer is being conducted, and a violation by the auctioneer, or any other person participating in such sale, shall be deemed to be a violation by the license holder as well.
The license holder, the auctioneer, and all other persons participating in the conduct of the auction sale shall truly and correctly represent at all times to the public attending the auction the actual facts in respect to the quality, manufacture and cost of each article put up for sale whenever such information is requested by a bidder or prospective bidder. The name of the auctioneer or auctioneers shall be displayed on a suitable sign or placard in full public view at all times during the auction.
Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 9-16-1991 by Ord. No. 91-25]
It is the finding of the City Council of the City of Englewood that unrestricted casual sales within the City, such as garage sales, lawn sales, attic sales, rummage sales, flea markets, etc., have created problems which have a negative effect upon the health, safety and welfare of the residents of the City. Included among these problems are litter, improper posting of signs, parking and traffic violations, noise and neighborhood disturbances. In an effort to minimize such problems, while at the same time recognizing that such sales have become a part of our community life, this article is conceived. It is our purpose here to preserve the ability of individuals to conduct such casual sales but to restrict these sales in such a manner as to reduce their negative impact upon travelers and residents within the City.
As used in this article, the following terms shall have the meanings indicated:
- GARAGE SALES
- Includes all sales entitled "garage sale," "attic sale," "rummage sale" or "flea market sale" or any similar casual sale of tangible person property which is advertised by any means whereby the public at large is or can be made aware of said sale.
- Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
The following regulations shall limit the conduct of garage sales within the City of Englewood:
No garage sale, as defined by this article, shall be conducted without obtaining a permit for such sale as set forth in this article.
All sales shall be limited to the hours between 9:00 a.m. and sunset on any given day.
No single garage sale shall continue for more than two days.
No signs shall be used to advertise the sales except those authorized by this article.
All signs advertising garage sales must be removed by 6:00 p.m. on the last day following the sale.
Permits must be prominently displayed at the time and location of the sale.
Permit required. It shall be unlawful for any person to conduct a garage sale in the City of Englewood without first filing with the City Clerk or his/or designee the information hereinafter specified and obtaining from such official a permit for such sale.
Display for permit. Each permit issued under this article must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
The following information shall be filed with the City Clerk or his/her designee in order to properly obtain a permit for a garage sale:
The name of the person or organization conducting the sale.
The name of the owner of the property on which said sale is to be conducted.
The location or address where the sale is to be conducted.
The number of days and the dates of the sale.
A statement by the applicant confirming that the information provided in the application is complete and known by the applicant to be true.
Signs advertising garage sales shall comply with the following requirements:
The provisions of this article shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person 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.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the City of Englewood or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited by ordinance of the City of Englewood.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption. Organizations claiming this exemption must still apply for a permit and comply with the requirements hereof; provided, however, that the fee for such permit shall be waived.
This article shall be enforced by either the Police Department, the Construction Code Official or the Zoning Enforcement Officer.
Adherence to this article shall be the responsibility of the person to whom a permit is issued and the owner or tenant of the premises on which a sale is conducted. In addition to any other duties or obligations imposed by this article, the responsible persons, as set forth herein, shall cooperate with the members of the Police Department, the Construction Code Official or the Zoning Enforcement Officer in ensuring that the conduct of the sale does not impede the normal flow of traffic or otherwise endanger the health, safety and welfare of persons present at the sale and other residents of the City.
Any person who is convicted of a violation of any provision of this article shall be subject to a fine of not more than $25. Each day of noncompliance with any provision of this article shall constitute a separate violation.