[HISTORY: Adopted by the Board of Trustees of the Village of Kings
Point 6-17-1986 by L.L. No. 4-1986. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
Includes any sale entitled "auction," "tag sale," "garage sale,"
"lawn sale," "attic sale," "rummage sale" or "flea market sale" or any similar
casual sale of tangible personal property, in an area the zoning for which
does not permit the same, which sale is advertised by any means whereby the
public at large is or can be made aware of said sale.
[Amended 11-27-2007 by L.L. No. 8-2007]
It shall be unlawful for any person to conduct a tag sale in the Village
of Kings Point in an area the zoning for which does not permit the same without
first filing with the Village Clerk the information hereinafter specified
and obtaining from such Village Clerk a license to do so, to be known as a
"tag sale license." The fee for such license shall be established from time
to time by resolution of the Board of Trustees.[1]
A.
Such license shall be issued to any one person only once
within a twelve-month period, and no such license shall be issued for more
than two consecutive calendar days, only one of which may be a Saturday, Sunday
or holiday.
B.
Each license issued under this chapter must be prominently
displayed on the premises upon which the tag sale is conducted throughout
the entire period of the licensed sale.
The information to be filed with the Village Clerk pursuant to this
chapter shall be as follows:
A.
The name of the persons conducting said sale.
B.
The name of the owner of the property on which said sale
is to be conducted and the consent of the owner, if the applicant is other
than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
A description of the goods to be offered for sale and
the terms and conditions of said sale.
F.
The date and nature of any past sale at said location.
G.
The relationship or connection the applicant has with
the person conducting said sale.
H.
A statement as to whether the applicant holds, or has
held, a vendor's or an auctioneer's license from any state, municipality,
governing body or licensing authority; a list of such licenses and a statement
of the time, place and by whom issued.
I.
A statement as to whether any state, municipality, governing
body or licensing authority has ever refused to issue or to renew a vendor's
or an auctioneer's license to the applicant, together with a full and accurate
statement as to the reasons for any such refusal.
J.
A statement as to whether any state, municipality, governing
body or licensing authority has ever revoked a vendor's or an auctioneer's
license held by the applicant, together with a full and accurate statement
as to the reasons for any such revocation.
K.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
All tag sales shall be conducted between the hours of 10:00 a.m. and
6:00 p.m. only.
No more than two signs advertising such sale, each of which is no larger
than 24 inches by 12 inches in size, shall be permitted. All such signs must
be posted on the premises where such sale is conducted and must contain the
name and address of the person conducting the sale. Sale signs must be removed
within 48 hours after the completion of the sale.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
Any person selling and advertising for sale only an item
or items of personal property which are specifically named or described in
the advertisement and which separate items do not exceed 10 in number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts anything in good
faith without knowledge of its false, deceptive or misleading character or
without knowledge that the provisions of this chapter have not been complied
with.
Upon the receipt of such application, the Village Clerk will inform
the Police Department of the application.
The Village Clerk shall grant the application if he determines that
the application is not likely to disturb the peace and order of the Village
and will not adversely affect the health, safety or welfare of the Village.
Such application shall be for a specific period of time, not to exceed six
months from the date of the application. The Village Clerk, in granting such
application, may impose conditions so as to protect the adjacent premises
from trespassers or disturbances and preserve the proper peace, health and
good order of the Village.
The license shall not be issued to any applicant who, in the judgment
of the Village Clerk, is likely to disturb the peace and order of the Village
or if the granting of such permit may adversely affect the health, safety
or welfare of the Village.
An applicant who has properly filed a full and complete application
to the Board of Trustees may have such denial reviewed by the Board. Upon
review, the Board may either grant, limit, modify or deny such license.
The Board of Trustees may waive the payment of a license fee for the
conduct of a sale which has as its objective solicitation of funds, gifts
or contributions for charitable, religious, educational or public purposes.
Further, in the event that the sale is to be conducted by a public, eleemosynary
or nonprofit institution of learning, a religious institution, a municipal
corporation, a library or a public or voluntary nonprofit hospital for the
purpose of soliciting funds, gifts or contributions for charitable, religious,
educational or other public purposes, the Board of Trustees, on proper application,
may waive or modify any of the provisions of this chapter except the requirements
for a license. In any event, a license shall be required.
The person to whom such license is issued and the owner or tenant of
the premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of such sale or activity. No person shall permit
any loud or boisterous conduct on said premises nor permit vehicles to impede
the passage of traffic on any road or street in the area of such premises.
All such persons shall obey the reasonable orders of any member of the Police
Department or Fire Department of the Village of Kings Point in order to maintain
the public health, safety and welfare.[1]
