No residential sale as defined herein shall be advertised, held or conducted unless or until the person or persons desiring to conduct such sale shall obtain a permit therefore from the Office of Planning & Community Development. Members of more than one residence may join in obtaining a permit for a sale of personal property from each participating household at a single sale to be conducted at the residence of any one of them.
(a) Application shall be made not less than five (5) business days before the first date upon which the sale is proposed to occur. Application shall be made upon a form supplied by the Office of Planning & Community Development, and shall include the following information:
(1) The full name, address and telephone number of the individual primarily responsible for holding the sale;
(2) The location at which the sale will be held;
(3) The date or dates upon which the sale is to be held;
(4) The date or dates and locations of any other residential sales in which the applicant participated within a one-year period prior to the date of application; and
(5) The following statement: “The undersigned hereby affirmatively states that the personal property to be offered for sale, as set forth above, currently belongs to members of his or her residence or household, or the residences or households of other individuals who are actively participating in such sale, and that no property to be offered for sale was acquired for purposes of sale or resale or has been consigned to such sale.”
(b) No fee shall be required for the issuance of such permit.
(c) The permit shall set forth the time(s), date(s) and location of the residential sale. No permit shall allow a residential sale to commence prior to 8:00 a.m. or continue after 6:00 p.m., or allow a sale to be held for more than three (3) consecutive days. No more than one (1) permit shall be issued to the same individual or for a sale at the same household within a period of 30 consecutive days, unless the second sale is conducted by a professional auctioneer or liquidator and is necessary due to relocation of all of the occupants of the household or the death of any member of the household.
(d) If a residential sale is not held or is terminated on the first day of sale due to inclement weather, the Office of Planning & Community Development may issue a substitute permit for another date or dates within thirty (30) days of the original date. No fee shall be charged, but the Office of Planning & Community Development shall require a written statement, signed by the original applicant, setting forth the reason for cancellation or postponement of the original sale. No more than one (1) substitute permit shall be issued.
(e) Before issuing the permit the Office of Planning & Community Development may conduct such investigation as is reasonably necessary to enforce the terms of this Chapter and the required conditions of a proposed permit.
(f) A permit issued under this Section must be displayed at the premises or must be in the possession of the person(s) involved all times that the sale is being conducted.
(Ord. 2012-109. Passed 7-2-12.)