(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
FLEA MARKET OPERATION. Any facility where activities take place commonly known as but not limited to swap shops, penny markets, rummage sales, and where tangible articles are bought, sold, or exchanged, not otherwise regulated in this Code.
FLEA MARKET OPERATOR. Any person who owns or controls the premises at which the activity defined as a flea market operation is conducted.
FLEA MARKET VENDOR. Any person who engages in or conducts the activity of buying, selling or exchanging, whether on a casual or regular basis, any tangible articles, whether new, secondhand or used, in any facility described above.
(B) Permit required. It shall be unlawful for any flea market operator to operate unless a permit shall be applied for, granted and in existence, all in compliance with the provisions of this section and with all laws of the state and the Village.
(C) Application for permit. Any person desiring to conduct a flea market operation shall file a written application with the Village Clerk on a form to be furnished by the Chief of Police. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall in addition furnish the following:
(1) The type of ownership of the business; for example, whether individual, partnership, corporation or otherwise;
(2) The name, style and designation under which the flea market operation is to be conducted;
(3) The business address and all telephone numbers where the business is to be conducted;
(4) The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than 10% of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the operation of the business:
(a) Name, complete residence address and residence telephone numbers;
(b) The 2 previous addresses immediately prior to the present address of the applicant;
(c) Written proof of age;
(d) The business experience of the individual, including, but not limited to whether or not such person has ever had a business permit or license denied, revoked or suspended and the reason therefor;
(e) All criminal convictions other than traffic violations, fully disclosing the jurisdiction in which convicted, and the offense for which convicted and the circumstances thereof;
(5) Such other information as shall be deemed necessary by the Chief of Police to discover the truth of the matters hereinbefore required to be set forth in the application;
(6) Authorization for the Village, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;
(7) The applicant shall furnish information as may be required by the Police, Fire, Community Development and Health Departments of the Village relating to the location where the operation shall be conducted. Such information shall include the type of construction, arrangement of stalls and aisles, location of electrical wiring, location of exits, location of fire equipment, location of parking lot showing the number of usable spaces, location of sanitary facilities for the use of persons on the premises, as well as such other relevant information as the Police, Fire, Community Development and Health Departments may require;
(8) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the Village.
(D) Application review; examination of applicant.
(1) Copies of permit applications shall be submitted to the Police Department, Fire Department, and Community Development Department. These Departments shall review applications for a permit to conduct a flea market operation and shall submit specific findings and recommendations to the Board of Trustees on the question of whether issuance of a permit to the applicant to conduct a flea market operation at the proposed location would be injurious to the public health, safety, morals and welfare. The Fire Department, Police Department, Community Development Department and Health Department may suggest that the Board of Trustees impose certain conditions and restrictions upon the grant of a permit to conduct a flea market operation to safeguard the public health, safety, morals and welfare.
(2) The Board of Trustees may examine any applicant for a permit to conduct a flea market operation.
(E) Issuance of permit. The Board of Trustees shall not issue a permit to a flea market operator to conduct a flea market operation unless the Board of Trustees are satisfied from the permit application, the review reports of the Police Department and Fire Department and from examination of the flea market operator that the proposed flea market operation will be conducted in such a manner that it will not injure the public health, safety, morals and welfare.
(F) Fees.
(1) Every person conducting a flea market operation in the Village shall pay an annual fee as set forth in § 110.13.
(2) In addition to the annual permit fee, every vendor shall pay to the flea market operator the sum of 50 cents per day for each space occupied by such vendor. The operator shall forward to the Village Clerk on the tenth of every month all fees collected from each vendor for the previous month.
(G) Inspection. The Police Department shall have the right to thoroughly inspect all items offered for sale or exchange on the premises where the activity is being conducted at any time during normal business hours. All persons in charge of such premises shall render to the Police Department such assistance as may be reasonably necessary to enable it to complete such inspection.
(H) Operator’s duties and responsibilities. It shall be the duty of every flea market operator to see that all vendors using the flea market operation are advised of all provisions of this section. The operator shall not allow any vendor to sell or exchange articles unless such vendor has obtained the necessary permit from the Police Department. Failure to perform the above stated duties and responsibilities by the flea market operator will be grounds for permit revocation or suspension.
(I) Vendor merchandise to be held or impounded. Articles which the Police Department have reasonable grounds to believe were stolen may be impounded or left with the vendor under a hold order at the discretion of any member of the Police Department. An article may be impounded or held under a hold order by the Police Department for a period of 30 days pending investigation as to ownership of the article. It shall be unlawful for any flea market vendor to dispose of any property contrary to any hold order issued by a member of the Police Department.
(J) Vendor receipt of goods from minors. It shall be unlawful for any person operating as a flea market vendor, or for any employee or agent thereof, to receive any articles by purchase or otherwise from any minor with the intent to sell or exchange said articles at a flea market operation.
(K) Sanitation. The flea market operation shall be kept in a sanitary condition, and no person shall deposit or leave any matter, remnants, refuse or debris upon the premises where the activity is being conducted. The flea market operator and flea market vendors shall be jointly liable for the cleanliness of the flea market operation. The flea market operator shall make adequate and sufficient provisions for sanitary facilities on the premises where the activity is being conducted. Such sanitary facilities must be approved by the Health Department.
(L) Animals not permitted. No animals except "seeing eye" dogs are permitted upon the premises where the activity is being conducted.
(M) Parking; snow removal; traffic control.
(1) No flea market operation may be conducted without a parking facility located within 100 yards of the flea market operation. The parking facility shall be paved and maintained in a safe and sanitary condition and shall contain at least 100 usable spaces for cars.
(2) If the flea market operation continues to operate between December 1 and March 1, adequate provision shall be made for the removal of snow and ice from the surface of the parking facility and from all sidewalks adjacent to the parking facility, leading from the parking facility to the flea market operation and adjacent to the flea market operation.
(3) The flea market operator shall develop and submit to the Board of Trustees a plan for the control of traffic generated by the flea market operation adequate and sufficient to facilitate the movement of motor vehicle traffic and for the protection and conservation of life and property on the streets proximate to the flea market operation and the parking facility used in conjunction therewith.
(N) General inspection. In addition to the property inspection pursuant to division (G) of this section, the Police Department, the Fire Department, and the Community Development Department shall have the right to thoroughly inspect the flea market operation at any time during normal business hours to check for the presence of any violations of this Code or of the laws of the state.
(O) Evidence of inspection. Before the issuance of a permit the flea market operator shall furnish the Board of Trustees of the Village evidence of insurance of a character and amount and in such form as may be determined by the Board of Trustees to provide for the payment of any claim for personal injuries, including death, property damage or other suits arising out of or connected with the flea market operation.
(P) Persons and sales excepted. The provisions of this section shall not apply to or affect the following persons or sales:
(1) Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
(2) Persons acting in accordance with their powers and duties as public officials;
(3) Religious, benevolent, charitable and civic organizations operating as non-profit flea market vendors shall be exempt from the provisions of this section; or
(4) Garage sale, which sale is hereby defined to mean the sale of any new or used personal property, which sale is conducted on or about the premises of a private residence in a residential area as defined by the zoning ordinance, by the owner or occupant or with the permission of the owner or occupant, and which sale is open to the public.
(Q) Revocation. The Board of Trustees of the Village, following notice and a hearing before the Board of Trustees held pursuant to the procedures set forth in § 110.17 of this Code, shall have the authority to deny renewal of, revoke or suspend a permit issued hereunder when it finds that:
(1) The flea market operation is being conducted in violation of this section or of this Code or of the laws of the state; and/or
(2) The flea market operation is operating so as to constitute a nuisance to the community.
(1997 Code, § 32.09) (Ord. 76-11, passed 10-11-1976; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2014-14, passed 4-1-2014)