[HISTORY: Adopted by the Village Board of the Village of
Baldwin 4-28-2004 as Title 7, Ch. 11, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Pawnbrokers and secondhand article and jewelry dealers — See Ch. 421.
As used in this chapter, 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.
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 Clerk-Treasurer, on forms to be provided
by the 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 chapter. The annual fee for such license
shall be as prescribed in the Village Fee Schedule. The Village Board
may restrict the license for use on certain dates and times.
The information to be filed with the 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.
D.
Number of days of the sale.
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 an 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/her 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 operating as a secondhand store
with a permanent building location 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 legal 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 the 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 § 1-4 of this Code.
