(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
COMMON USE STRUCTURE. A non-permanent structure allowed to be commonly used by sellers/vendors and the public such as tents, restrooms, and concessions.
FLEA MARKET. A market, held indoors or out of doors, where new or used items are sold in a common area from individual locations by independent sellers, with each location being operated independently from the other locations. Items are sold from stands, tables, or booths within a common area including, but are not limited to, household items, antiques, rare items, decorations, used books, and magazines.
FLEA MARKET SELLER/VENDOR. A person, firm, or corporation selling items or offering items for sale at a flea market.
FLEA MARKET OPERATOR. A person, firm, or corporation licensed by the village to make available a designated property to himself or herself, or itself or others, as a display area offering items for sale at a flea market.
MARKET. A market held on private property where goods are sold to the public.
(b) Location restriction. A flea market may be operated outside or inside in Commercial or Industrial Zoned Districts. If inside, a permanent structure or accessory building must comply with Village Uniform Dwelling Codes or State Commercial Codes. The structure must also provide suitable restroom facilities, and parking in accordance with village parking codes. If outside (open-air), no sales accessories, displays, or items used for sales by flea market sellers/vendors may be located on the premises in view of the general public earlier than four hours prior to the opening of the first consecutive day of flea market operations, nor later than two hours following the close of operation on the last consecutive day of flea market operations. No common use structures may be located on the premises in view of the general public earlier than noon preceding the first consecutive day of flea market operations, nor later than noon of the day following the last consecutive day of flea market operations. Outside sales must provide suitable portable restroom facilities, and adequate on-site parking to safely accommodate customers without the use of on-street parking on any public road or right-of-way. Parking provisions must comply with any applicable village parking codes.
(c) Grounds kept. Any materials including sales tables, shelters, portable restrooms, and sales accessories must be stored in an orderly fashion out of the view of the general public when not in use. Grounds must be kept free of trash and litter at all times. The flea market operator shall be responsible for compliance of all provisions of this section, and shall have the right to remove non-compliant properties of the sellers.
(d) Frequency of sales. No flea market held outside shall operate more than three consecutive days with a minimum of a four-day period between flea market events.
(e) License required. No person, firm, or corporation shall operate the business of renting space or allocating space to flea market sellers without first obtaining a license therefor from the Village Board. Applications for license shall be made to the Village Administrator, Clerk, or highest elected official, as appropriate, on forms to be provided by the Village Administrator, Clerk, or highest elected official, as appropriate. Only one license shall be required for each flea market location, and the individual flea market sellers/vendors shall not be required to obtain a license under this section. The fee for such license shall be $100 per year. The Village Board may restrict the license for use on certain dates and times.
(f) Information to be filed. The information to be filed with the Village Administrator, Clerk, or highest elected official, as appropriate, pursuant to this section, shall be as follows.
(1) Name of the person, firm, group, corporation, association, or organization conducting said sale.
(2) Name of the owner of the property on which said sale is to be conducted, and consent of owner if the applicant is other than owner.
(3) Location of structure at which sale is to be conducted.
(4) Number of days of sale.
(5) Date and nature of any past sales.
(6) Relationship or connection the applicant may have had with any other person, firm, group, organization, charitable/non-profit association, or corporation conducting said sale, and the date or dates of proposed or previous sales.
(7) Whether or not the applicant has been issued any other sellers/vendors license by any local, state, or federal agency.
(8) Sworn statement or affirmation by the person signing that the information therein given is full and true, and known by him or her to be so.
(g) Records to be kept by licensee. Each person required by this section to obtain a license shall keep accurate records of the names and addresses of each flea market seller, a description of the type or types of merchandise offered for sale by that seller, and records required by all state and federal laws.
(h) Churches and non-profit organizations exempt. Any transaction while operating a charitable organization or conducting a sale, the proceeds of which are donated to a charitable organization, are exempt from licensing and zoning requirements under this section.
(i) More than one market. Any person, firm, or corporation renting or allocating space to flea market sellers/vendors in more than one place of business shall be required to obtain a license for each place of business, provided that one license shall be adequate for locations that are on the same lot, adjacent lots, or lots separated only by an alley.
(j) Unlawful transactions. No person shall sell or offer for sale at any flea market any goods known to such person to be stolen.
(k) Purchases from children. No flea market seller shall purchase any used household item, antique, or used article whatsoever from any person under the age of 18 years, unless such person is accompanied by the person’s parent or legal guardian.
(l) Hours. Flea markets held outdoors shall limit their hours of operation from 8:00 a.m. to 9:00 p.m., unless otherwise specified on the license by the Village Board at the time of issuance.
(m) Penalty. In addition to the suspension or revocation of a license issued under this section, any person who shall violate any provision of this section or any regulation, rule, or order made hereunder, shall be subject to a penalty as provided in § 1-1-6.
(Prior Code, § 7-9-1)