[CC 1984 §8-90; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-49; Ord. No. 3653
§2, 7-7-1980]
As used in this Article, the following terms shall have these
prescribed meanings:
Any sale of used clothing, used household goods or items
usually found in the home, advertised by any means whereby the public
at large is or can be made aware of such sale which is not otherwise
regulated by this Code, or which is not made, held nor conducted by
any person who has been issued a merchant's, business or occupational
license at an address at which the sale is to be conducted.
Includes used items normally found in the home which are
capable of being the object of a sale regulated by this Article.
[CC 1984 §8-91; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-50; Ord. No. 4944
§1, 7-18-2005]
A.
A permit issued by the City Manager or his/her designee shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one (1) of the types of sales enumerated in Section 605.320.
B.
No person
shall conduct, advertise nor promote any sale under this Article without
a permit issued pursuant to this Article.
[CC 1984 §8-92; Ord. No. 3140 §8-50.1; Ord. No. 3970 §1, 11-7-1983]
No person shall conduct any outdoor sale under this Article
in any area of a yard except the rear yard.
[CC 1984 §8-93; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-1-1970; Ord. No. 3140 §8-51; Ord. No. 4944
§1, 7-18-2005]
A.
An application
for a permit for any sale regulated by this Article shall be made
at the office of the City Manager or his/her designee on a form to
be provided by the City Manager or his/her designee.
B.
The application
shall contain the following information:
1.
Name
of the person, firm, group, corporation, association or organization
conducting the sale;
2.
The
location at which the sale is to be conducted;
3.
The number of days on which the sale is to be conducted within the limit prescribed in Section 605.370;
4.
The
date and nature of any past sale held by applicant subject to any
regulation of the City;
5.
Relationship
or connection applicant may have had with any other person, firm,
group, organization, association or corporation conducting any such
sale and the date or dates of such sale;
6.
An itemized
list or other detailed description of the goods proposed to be sold
together with a statement as to the date or dates when such goods
or merchandise was or were obtained or purchased by applicant; and
7.
Whether
or not applicant has been issued a seller's license number by the
State Department of Revenue and, if so, the number of the license
and the date on which the license was issued.
[CC 1984 §8-94; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3101 §1, 6-18-1973; Ord. No. 3140 §8-52]
An application for a permit for any sale regulated by this Article
shall be accompanied by a permit fee in the amount of three dollars
($3.00) for each day that on which a permitted sale is to be conducted.
[CC 1984 §8-95; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-53; Ord. No. 4651
§1, 10-21-1996]
[CC 1984 §8-100; Rev. M.C. 1963 Ch. 68; Ord. No. 2970 §1, 8-17-1970; Ord. No. 3140 §8-54]
A.
This
Article shall not apply to nor affect the following persons or sales:
1.
Persons
selling goods pursuant to an order of process of a court of competent
jurisdiction;
2.
Persons
acting in accordance with their powers and duties as public officials;
3.
Any
person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed ten (10) in number;
4.
Any
publisher of a newspaper, magazine or other publication or other communication
media who publishes or broadcasts in good faith without knowledge
of its false, deceptive or misleading character or without knowledge
that the provisions of this Code have not been complied with;
5.
Any
sale regulated under any other provision of this Code;
6.
Any
sale conducted by any licensed merchant or mercantile or other business
establishment from or at a place of business where such sale would
be permitted by the zoning regulations of the City or under the protection
of the present non-conforming Section of the zoning regulations or
any other sale conducted by a manufacturer or dealer, provided the
sale would be conducted from properly zoned premises and would not
otherwise be prohibited by this Code; and
7.
Any
bona fide charitable, eleemosynary, educational, cultural or governmental
institution or organization, provided the burden of establishing the
exemption under this Section shall be on the organization or institution
claiming the exemption.
[CC 1984 §8-101; Ord. No. 3101 §2, 6-18-1973; Ord. No. 3140 §8-54.1]
Any person found guilty of violating any provision of this Article
shall be subject to a fine of not more than five hundred dollars ($500.00)
for each violation.
