[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 7, Chs. 9 and 14, of the 1988 Code. Amendments
noted where applicable.]
A.
FLEA MARKET
FLEA MARKET SELLER
MARKET
Definitions. As used in this section, the following terms shall have
the following meanings, 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.
A person, firm or corporation selling items or offering items
for sale at a flea market.
A place where goods are sold to the public.
B.
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 a license shall be made to the Village Administrator
on forms to be provided by the Village 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 $10 per year. The Village Board
may restrict the license for use on certain dates and times. The site
for the flea market shall comply with Village zoning requirements.
C.
Information to be filed. The information to be filed with the Village
Administrator, pursuant to this section, shall be as follows:
(1)
Name of person, firm, group, corporation, association or organization
conducting said sale.
(2)
Name of owner of the property on which said sale is to be conducted,
and consent of owner if applicant is other than the owner.
(3)
Location at which sale is to be conducted.
(4)
Number of days of sale.
(5)
Date, nature of any past sale.
(6)
Relationship or connection 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.
(7)
Whether or not applicant has been issued any other vendor's
license by any local, state or federal agency.
(8)
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
D.
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.
E.
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.
F.
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.
G.
Unlawful transactions. No person shall sell or offer for sale at
any flea market any goods known to such person to be stolen.
H.
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.
I.
Hours. 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.
A.
Frequency of sales; ownership of merchandise.
(1)
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. 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. In no case shall any sales become
outlets for wholesale or retail commercial sales.
(2)
Any garage sales, yard sales and similar merchandise sales by nonprofit,
philanthropic or civic organizations must be approved by the Village
Administrator and may be held no more than twice per year for not
more than a total of six days in that year. In no case shall any sales
become outlets for wholesale or retail commercial sales.
B.
Hours. Garage sales shall be conducted between 7:30 a.m. and 8:00
p.m. Each sale shall last no longer than four consecutive days.
C.
Signs.
(1)
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 off of the Village right-of-way.
(2)
No garage sale sign may be located on utility poles, traffic control
devices or on property or the adjoining right-of-way of property the
owner of which has not given explicit permission for its location.
(3)
No garage sale sign shall be displayed more than one day before the
sale or one day following the sale.
(4)
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.
D.
GARAGE SALE
PERSONAL PROPERTY
Definitions. The following definitions are applicable to this section:
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.
A.
Definition. A "farmers' market" is defined as a specified location
with two or more booths or stalls operated on a noncontinuous basis
by individuals selling either products of the farm or garden, or any
combination of products of the farm and garden, and commercially processed
foods, household products, crafts and handmade items.
B.
License required. Each farm market shall be licensed annually by
the Village of Kimberly. The term shall be the calendar year, and
all licenses shall expire or terminate on December 31 of each year.
Each farm market shall have an individual designated as agent.
C.
License application; license fee. The agent of each farm market shall
complete a license application obtained from the Village Administrator.
The completed application with license fee shall be submitted to the
Village Administrator. The fee for a license under this section shall
be as on file with the Village Administrator.
D.
License investigation. Upon receipt of an application and license
fee, the Administrator shall forward the application to the appropriate
departments for their recommendations. The recommendations shall either
approve or deny the license. If all recommendations are for approval,
the Village Administrator may immediately issue said license. Otherwise,
the applications will be referred to the Committee of the Whole for
review and recommendation to the Village Board.
E.
Rules of operation. Each farm market, and the operators of any booths
or stalls therein, shall comply with the rules and regulations for
a farm market on file with the agency in charge. These rules state
the manner in which any food or other products may be handled or sold
and the trade practices that shall be adhered to. The licensed farm
market and its agent shall be responsible for the compliance of any
individual operating within the market.[1]
