[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles 1-25-1993 by Ord. No. 914 (Ch. 13, Part 7, of the 1987 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and designated as the "Flea Market Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- BOOTH, KIOSK, STALL or SALES AREA
- That particular area occupied by a single flea market seller for the purpose of selling used merchandise.
- FLEA MARKET
- An open area delineated by metes and bounds, either inside a building or out of doors, containing stalls, kiosks or booths or other types of sales areas in excess of five, designated for use as sales of used merchandise. This will not be deemed to include casual or garage sales.
- FLEA MARKET GOODS
- Used merchandise of any nature. Food to be consumed on the premises may only be sold by vendors who hold a current health license of the County Health Department and Department of Environmental Protection.
- FLEA MARKET SELLER
- Any person or entity who sells only used merchandise or goods at a flea market.
- Any person or entity which conducts, manages, supervises, oversees or otherwise owns or controls a flea market.
- A person or persons who sells new merchandise or goods. If one sells new and unused merchandise, he shall be deemed to be a vendor.
Hereinafter no property owner may conduct a flea market without having first obtained a special permit from the Building Inspector of the Township of North Versailles. This chapter shall apply to all existing flea market owners/operators; any entity which presently conducts what is deemed to be a flea market must nevertheless apply for, obtain and receive a special flea market permit following the effective date of this chapter.
The following rules and regulations shall govern the operation of flea markets in North Versailles Township:
The owner/operator shall pay an annual fee of $2,000 to the Township of North Versailles to be permitted to operate a flea market operation. The fee of $2,000 shall be for each calendar year or any part thereof during which the operation occurs, commencing in 1993.
The owner/operator with his application must designate and set forth with specificity plans for fire and emergency, cleaning the area, removal of debris, garbage disposal, crowd control, policing and recycling.
The owner/operator must identify the liability insurance carrier, policy number and effective dates of the policy for the owner, operator and the flea market.
Any vendor must register with the Township of North Versailles and obtain a vendor's permit/license for the business pursuant to Chapter 215, Peddling and Soliciting, of the Code of the Township of North Versailles. All of such operations shall be deemed to be permanent businesses and must comply with all acts, ordinances, levies, rules and regulations regarding permanent businesses in the Township of North Versailles. Before any vendor may operate, such vendor must first apply for and receive a license or permit from the Township of North Versailles. No owner/operator may permit a vendor to operate without evidence of compliance with Chapter 215, Peddling and Soliciting, of the Code of the Township of North Versailles.
For each and every violation of this chapter, an owner/operator and/or booth occupier or vendor shall be subject to civil enforcement proceedings and, if found liable, a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. Each breach of any rule or regulation of this chapter shall be a separate violation.
[Added 6-16-1997 by Ord. No. 952]
Hereinafter, no flea market seller shall be permitted to occupy a booth or transact business in a flea market unless he or she is in possession of a permit from the Township for such activity as described herein. The permit must be kept on open display by the flea market seller during regular business hours for inspection and/or upon demand of any official of the Township of North Versailles.
An owner/operator shall only rent or permit occupancy of a booth to flea market sellers who are in possession of a current permit from the Township to operate as a flea market seller.
An owner/operator shall maintain a permanent record of all vendors and flea market sellers, which record must remain open and available for inspection by Township officials during reasonable business hours and at any time when the flea market is open for business.
Every flea market seller shall be obligated to collect, remit and report to the appropriate Tax Collector all mercantile and business privilege taxes. Further, every flea market seller shall be obligated to pay to North Versailles Township an annual permit fee of $25 prior to conducting business. Permits may be obtained at the office of the Township Secretary by paying the applicable fee and completing an application on a form to be supplied by the Secretary. The fee of $25 shall be for each calendar year or any part thereof. A flea market seller shall not be permitted to occupy, use, sell or otherwise conduct business in a flea market without having first paid the fee to the Township and received a permit to operate as a flea market seller.
Fees and charges imposed pursuant to this chapter may hereinafter be modified by simple resolution.