Sec. 37-1. - Permit for rummage sales, food sales, bazaars and flea markets.

(a)

No person shall conduct any sales, commonly known as "rummage sales," "food sales," "bazaars" or "flea markets," at which is offered for sale food, secondhand, used or new clothing or wearing apparel or other used or new articles of whatever character, without first having obtained a permit therefor from the city manager or the manager's designated representative. The applicant shall pay the sum of ten dollars ($10.00) for such permit. Any permit issued hereunder shall be limited in duration to one (1) week from the date of its issuance, except that permits for flea markets shall be limited in duration to one (1) day. No permit issued pursuant to this section shall be transferable.

(b)

No permit shall be issued hereunder for the conduct of any rummage sale, bazaar or flea market within two (2) blocks of a business conducted by a regularly licensed merchant handling or dealing in secondhand or used clothing or wearing apparel or other used articles of whatever character. Food sales may be held at locations approved by the city manager or the manager's designated representative and designated in the permit.

(c)

Except as provided herein, no person shall receive more than three (3) permits pursuant to this section in any one (1) calendar year.

(1)

The health director or the director's designated representative may permit additional temporary food sale permits for those persons who have consistently complied with applicable regulations and who have consistently exhibited good food handling practices.

(2)

Persons receiving permits for temporary restaurants as defined by the Rules and Regulations of the Board of Health, Commonwealth of Virginia Governing Restaurants shall comply with those regulations and any additional requirements imposed by the local health department. Failure to comply with the terms of such permits or with applicable regulations may result in immediate suspension of a permit or in the denial of future such permits.

(d)

This section shall not apply to rummage sales, food sales, bazaars or flea markets conducted for the benefit of religious or charitable causes when held upon the premises owned or occupied by the organization conducting the same.

(e)

Any violation of this section shall constitute a Class 4 misdemeanor.

(Ord. No. 173, § 61; Ord. No. 1525, § 1; Ord. No. 2198; Code 1961, § 25-39; Ord. No. 3802-88; Ord. No. 4459-93)

Sec. 37-2. - Permit for garage sales; signs advertising such sales.

(a)

No person shall conduct any sales, commonly known as garage sales, backyard sales, yard sales and the like, at which is offered for sale secondhand or used clothing, merchandise or any used articles of whatever character, without first having obtained a permit therefor from the chief of police. The applicant shall pay the sum of five dollars ($5.00) for such permit. Any permit issued hereunder shall be limited in duration to ten (10) consecutive days from the beginning date selected, which shall be reflected on the permit. The permit shall not be transferable.

(b)

The permits provided for in this section shall be issued only for sales conducted at the applicant's usual residence. Four (4) permits per year may be issued to an applicant residing at a particular address provided that no less than forty-five (45) days must elapse between the expiration of each permit and the issuance of a subsequent permit. The limitation on the allowable number of permits shall apply to applications made by the same applicant for a particular address, to applications made by a member of the applicant's immediate family (parent, child or sibling) and to applications made by any other person residing at such residence.

(c)

No signs advertising a sale authorized by a permit issued under this section shall be placed on any property other than that of the residence of the person conducting such sale.

(d)

Any person violating this section shall pay a fine of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00).

(Ord. No. 1647, § 1; Code 1961, § 25-39.2; Ord. No. 2424-78; Ord. No. 3804-88; Ord. No. 4307-92; Ord. No. 4696-95)

Secs. 37-3—37-12. - Reserved.