Chapter 107

 GARAGE AND SIDEWALK SALES

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 12-12-1974 as Ord. No. 116. Amendments noted where applicable.]

~ 107-1. License required. [Amended 4-4-1992 by Ord. No. 284]

  It shall be unlawful for any person, firm, corporation, transient merchant, hawker or peddler to vend, sell, dispose or offer to vend, sell, dispose or display any goods, wares and merchandise on any public walk, private property, street, alley or anywhere within the Town of Elsmere more than four (4) times a year, and without having first obtained a license for each such sale from the Town Manager of the Town of Elsmere for that purpose and having paid a license fee therefor, as hereinafter provided.

~ 107-2. Application requirements. [Amended 1-15-1981 by Ord. No. 151; 4-14-1992 by Ord. No. 284]

  Application for license to vend, sell, dispose or display merchandise, goods and wares shall be made in writing to the Town Manager. The application shall contain the name of the applicant, if an individual, the names of partners, if a copartnership, or the names of the principal officers, if a corporation, and shall include the location of the place or places where such merchandise, goods and wares are to be so displayed and sold.

~ 107-3. License fee; exemptions. [Amended 4-14-1992 by Ord. No. 284]

  The license fee to be charged for each such application is five dollars ($5.) and shall be payable to the Town Manager of the Town of Elsmere. No license shall be valid for more than two (2) days. Those applicants on social security disability and/or sixty-five (65) years of age and over shall be exempted from such fees.

~ 107-4. Blocking of streets and passageways.

  No street or alley shall be blocked by any merchandise offered for sale hereunder. A four-foot passageway for pedestrians shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extrude into any street or alley. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard.

~ 107-5. Inspection by Manager.

  The Town Manager shall make or cause to be made sufficient inspections to ensure the compliance with the provisions of this chapter.

~ 107-6. Violations and penalties. [Amended 4-14-1992 by Ord. No. 284]

  Any person, firm or corporation violating any provision of this chapter shall be fined not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

~ 107-7. Restrictions on issuance of licenses.

  No license or permit shall be issued to any person, firm or corporation as hereinabove defined who is not a resident of the Town of Elsmere, excepting that such prohibition shall not apply to a judicial sale or sales by executors or administrators or to sales by licensed pawnbrokers of unredeemed purchases in the manner provided by law, nor to sales at public auction by a duly licensed auctioneer at the place of business for the conduct of auction sales; nor shall this chapter apply to any person, firm or corporation who, pursuant to the provisions of Ordinance No. 83,[1] has obtained a business license for the conduct of such sales.