No person or corporation shall allow the public sale of personal property except as provided herein.
(a) Scope. The provisions of this section shall apply to any public sale of personal property within the City including garage sales, patio sales, yard sales, porch sales, driveway sales or any similar sale. It shall not include bona fide business transactions or other sales as specifically authorized by law nor shall it apply to activities conducted by and on the property of tax exempt corporations, churches, temples, schools, fraternities, sororities, clubs, lodges or units of government. Organizations described in the previous sentence may utilize the property of another organization named in that sentence.
(b) Permit. Prior to the sale of personal property, any person or corporation not exempted in subsections (a), (c) or (h) hereof shall receive a permit from the Director of Administration or his duly authorized designee. The price of the permit shall be established by the Board of Control. Such price shall cover the cost of issuance and shall not be a tax.
(c) Permit Exemption. No permit shall be required for the first home sale conducted at a location within six calendar months, provided that such sale shall not exceed three consecutive days nor shall it be conducted other than between the hours of 9:00 a.m. to 9:00 p.m.. A location shall be defined as a lot of record. Further, such sale shall comply with subsections (f) and (g) hereof.
(d) Duration. The permit described in subsection (b) hereof shall be valid for three days from the hours of 8:00 a.m. to 8:00 p.m. The dates shall be designated on the permit. All items for sale, all display signs, and other materials relating to the sale must be removed from the view of the public not later than 8:30 p.m. on the last day of the sale.
(e) Frequency. No more than two permits shall be issued to any person or address during one calendar year.
(f) Limitations. Sales under the provisions of this section shall be limited to used items. No property purchased specifically for resale shall be permitted. All merchandise offered for public sale must be intended solely for domestic or household use and must be displayed on private property only.
(g) Signs. No sign advertising the sale shall be displayed at any place except on the premises on which the sale is to be held. One side may be displayed provided that its area shall not exceed four square feet, except that the same sign may have two sides not exceeding four square feet each.
(h) Exemptions. This section shall not apply to the sale of property publicized solely by classified newspaper advertising which describes or identifies the specific property offered for sale and does not designate the date, hours or location of the sale other than stating the name, address and telephone number of the seller.
(1984 Code Sec. 116.30; Ord. 4329. Passed 2-9-10.)