§ 111.05 REGULATION OF GARAGE SALES, ATTIC SALES, AND THE LIKE.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      GARAGE SALE, LAWN SALE, ATTIC SALE, RUMMAGE SALE, or FLEA MARKET SALE. Any sale of tangible personal property not otherwise regulated in the city’s ordinances, advertised by any means whereby the public at large is or can be made aware of such sale.
      GOODS. Any goods, warehouse merchandise, or other property capable of being the object of a sale regulated hereunder.
   (B)   License required. A license issued by the City Clerk/Treasurer shall be obtained by any person, firm, group, corporation, company, or organization before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the types of sales enumerated in division (A) above.
   (C)   Application for license.
      (1)   An application for a license for any of the sales regulated hereunder shall be made at the office of the City Clerk/Treasurer or a form to be provided therefor, which application shall contain the following information:
         (a)   Name of the person, firm, group, corporation, company, association, or organization conducting said sale;
         (b)   Location at which said sale is to be conducted and the date and nature of any prior sales conducted at the same location;
         (c)   The dates during which said sale is to be conducted within the time limits hereinafter prescribed;
         (d)   Date, nature, and location of any past sale conducted by applicant; and
         (e)   The relationship or connection applicant may have had with any other person, firm, group, organization, association, corporation, or company conducting any such sale and the date or dates of such sale.
      (2)   A license fee of $5 shall be paid to the city at the time an initial application is made during any 12-month period for such license. A license fee in the amount of $25 shall be paid to the city at the time a second application is made during any such 12-month period for such license by any person, firm, group, corporation, company, or organization or a member of the initial applicant’s family or household. Not more than two licenses described and permitted by this section may be issued to any one residence or business address within the city within a 12-month period. The 12-month period shall be considered as a fiscal period with each applicant beginning with its first application and license permit.
   (D)   Conditions of license.
      (1)   No person shall conduct, advertise, or promote any sale regulated by this section without a license issued pursuant thereto.
      (2)   No sign advertising a sale regulated by this section shall be placed on public property or on private property without the express consent of the owner. Within 24 hours after the conclusion of a sale, all signs shall be removed.
      (3)   No license shall be issued authorizing any such sale to be conducted for a period longer than two days.
      (4)   This license authorizing such sale shall be displayed in the front window or other prominent place, clearly visible from the street at each location where a sale is being conducted.
   (E)   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)   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 eight 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 the city ordinances have not been complied with;
      (5)   Any sale regulated under any other provisions of the ordinances of the city;
      (6)   Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the city for under the protection of the presently nonconforming section thereof, or any other sale conducted by a manufacturer, dealer, or vendor, and which sale would be conducted from properly-zoned premises and not otherwise prohibited in the ordinances of the city; or
      (7)   Any bona fide charitable, eleemosynary, education, cultural, or governmental institution or organization, provided, however, that the burden of establishing the exemption under this division (E)(7) shall be on the organization or institution claiming such exemption.
(2010 Code, § 113.05) Penalty, see § 111.99