The sale of personal property, other than a motor vehicle as defined in Section 301.20 of these Codified Ordinances, to the general public may be conducted outside an enclosed building in general and local business districts limited by all the following conditions:
(a) Such sale shall only be conducted by a tenant or owner of the real property at which the sale is held with such tenant or owner also conducting its regular business wholly within an enclosed building at the sale location; and,
(b) Such sale shall be limited to no more than a three (3) day duration and shall not be conducted more than three (3) times during any calendar year provided, however, that for any owner of real property having more than one tenant on said real property, any sale authorized hereunder must be conducted at the same time by all tenants desiring to participate in such sale; and,
(c) The display area for such sale shall not exceed the width of the tenant's or owner's individual store frontage and shall be arranged so as not to block any entrance or exit to the enclosed buildings and permit the general public to safely use walkways where the sale is located; and,
(d) Such sale shall be conducted only during the tenant's or owner's normal business hours with all personal property to be returned to the enclosed building at the end of each business day; and,
(e) Every tenant conducting such a sale shall have at least one (1) sales person attending the sales area outside an enclosed building at all times during such sale; and,
(f) The owner of the real property shall have at least one (1) employee attending the sales area outside an enclosed building during such sale to supervise and insure that all entrances and exits remain open and unobstructed, that all walkways can be safely used by the general public and that any debris emanating from such sale is collected immediately; and,
(g) Such sale is limited to the same type of merchandise normally sold by the tenant or owner wholly within an enclosed building at the real property where such sale is being conducted; and,
(h) If such sale includes food or beverages for consumption at such sale, appropriate seating facilities and trash receptacles are provided by the tenant or owner conducting such a sale; and,
(i) Such sale shall be conducted only upon private property; and,
(j) Application for a sale outside an enclosed building license shall be made upon a form supplied by the Building Commissioner which shall contain the information set forth in Subsections (a)-(i) above. All license applications shall be referred to the Building Commissioner who shall, within five (5) days after receipt of the completed application, issue a license for a sale outside an enclosed building unless he finds that:
(1) The applicant has provided false, misleading or deceptive information in his application; and/or
(2) The applicant has not provided all the information required by subsections (a)-(i) above; and/or
(3) The applicant does not meet all the terms of subsections (a)-(i) above.
Upon approval of the application by the Building Commissioner he shall issue a sale outside an enclosed building license upon payment of a fee as set forth in Section 1321.06 of the Codified Ordinances.
(Ord. 91-19. Passed 12-9-19.)