[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 8-7-1996 by L.L. No. 3-1996 (Ch. 60 of the 1988
Code). Amendments noted where applicable.]
This chapter is enacted by the Village of Spencerport for the
purpose of regulating flea markets in order that the peace, health,
safety, welfare and good order of the Village and of its inhabitants
shall not be endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Flea Market
Law of the Village of Spencerport."
As used in this chapter, the following terms shall have the
meanings indicated:
A sale of items of tangible personal property wherein, on
one location, there are multiple vendors occupying the space allotted
to each such vendor for the purpose of displaying and selling items
of tangible personal property.
A license issued by the Village Clerk, in the manner prescribed
by this chapter, for the operation of a flea market.
In addition to its usual definition, a "vacant lot" shall
be defined as any property with a classification code, as defined
by the New York State Office of Real Property Services, of 300 to
399.
[1]Flea markets shall be a permitted use in B Districts (commercial)
and C Districts (industrial). Flea markets are prohibited in A Districts
(residential) and on vacant lots within all districts.
A.
Dates and hours of operation. The hours of operation of a flea market
shall be limited to three consecutive calendar days within a seven-day
period and shall be permitted only during the months of April through
November, during daylight hours.
B.
Land area requirements.
(1)
The area occupied by all temporary structures (i.e., tables and display
racks) utilized for operation of the flea market shall not exceed
50% of the total available area dedicated for conduct of the flea
market.
C.
Conduct of flea market.
(1)
No displaying, selling or bartering of goods may be conducted from
any automobile, truck, house trailer, travel trailer, camper trailer
or mobile home.
(2)
All temporary structures (i.e., tables and display racks) must be
of durable construction and properly assembled to protect the safety
and welfare of the public.
(3)
The flea market shall be maintained by the flea market operators
in a sanitary fashion, free of debris and garbage; receptacles must
be provided for use by the public.
(4)
Parking facilities shall be in compliance with Chapter 310, Vehicles and Traffic, of the Code of the Village of Spencerport.
(5)
Temporary structures (i.e., tables and display racks) are to be erected
and dismantled/removed within the three-consecutive-day time frame
within which the flea market is conducted.
(6)
All signage for the flea market shall be in compliance with Chapter 259, Signs, of the Code of the Village of Spencerport.
(7)
No displaying, selling or bartering of goods may be conducted in
any public right-of-way.
No person, company, firm, corporation or other entity may conduct
and/or operate a flea market as hereinabove defined without first
having duly obtained and having in force and effect a license therefor.
An application for a license shall be submitted for approval
to the Code Enforcement Officer and contain the following information:
A.
The name and address of applicant (local and legal).
B.
The street address of the location of the flea market.
C.
The name and address of the owner of the property on which the flea
market will be located.
D.
Description of the type or types of articles and merchandise to be
sold or bartered.
E.
Sketch of property including boundaries of the flea market and location
of temporary structures (i.e., tables and display racks).
F.
The signatures of the applicant and property owner or his or her
duly authorized agent.
G.
The date and length of time the applicant desires the license.
H.
Such other information as the Village may, from time to time, reasonably
require.
Upon receipt of the application and of the license fee, and
if the Code Enforcement Officer is reasonably satisfied with the applicant's
qualifications, the Village Clerk shall issue a license to the applicant.
Said license shall be signed by the Village Clerk and shall indicate
the name and address of the licensee, the kinds of goods to be merchandised
thereunder, the amount of fee paid, the licensing period, the license
number and the date of issuance. A copy of such license shall be filed
in the Village Clerk's office. Every license shall be displayed
prominently at the place of sale during the conduct of such flea market.
The licensing period shall be on a monthly or daily basis, and
fees for the same shall be determined by the Village Board from time
to time. Such license shall not be assignable or transferable and
shall so state on the face thereof. Any holder of such license who
permits it to be used by any other person, and any person who uses
such license granted to any other person, shall each be guilty of
a violation of this chapter. The payment of the license fee shall
not apply to a bona fide charitable, educational or cultural organization
organized not-for-profit and being able to establish that it is such
type of not-for-profit organization.
A.
Licenses issued under provisions of this chapter may be revoked by
the Village Clerk of the Village of Spencerport, after notice and
hearing, for any of the following causes:
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
C.
The Village Clerk, upon receiving information giving him/her reasonable
cause to believe that the holder of any license issued hereunder has
violated any provisions of this chapter or has been convicted of any
violation referred to in this section, may forthwith temporarily suspend
such license until a hearing is held by him/her as provided herein,
and the Village Clerk shall have issued his determination thereon.
D.
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees if either he or any
one or more of his employees are determined to be in violation of
this chapter.
Any person aggrieved by the action of the Village Clerk or the Code Enforcement Officer in the denial of an application for a license, as provided in § 157-7 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 157-10 of this chapter, shall have the right to appeal to the Village Board of the Village of Spencerport. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
The Code Enforcement Officer is designated as the administrator
and shall secure compliance with the standards of this chapter and
is responsible for enforcement thereof.
Any person who shall conduct a flea market, as herein defined,
without a license or who shall continue to conduct a flea market subsequent
to the revocation of his license shall be punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days, or
both.
