§ 8-12. Flea market.

(a)

The term "flea market" means an occasional or periodic market held in an open area or within a structure where an individual, or groups of individuals, or organizations offer goods for sale to the public, and the event is held more than four days in any 12-month period, whether in the same or another location within the town. Items sold included, but are not limited to, secondhand household items, antiques, rare items, decorations, used books and magazines, etc.

(b)

Any person or organization who holds a flea market on more than four days in any 12-month period anywhere in the town shall obtain an approved flea market application.

(c)

Application for each site of flea markets shall be made in writing and shall include the following information: Name and address of the applicant, location of property to be used, a plan of the premises showing such items as the location of buildings, parking area, tables, toilets, vehicular access, and street curbing, and any additional information the town deems necessary to issue the license. A non-refundable fee of $50.00 shall accompany the application.

(d)

The town will consider waiving the non-refundable fee if the recognized civic or charitable organization has an active 501(c)3 nonprofit designation. A current 990 form filed with the IRS may be required to document the waiver.

(e)

Each applicant shall provide the town with evidence that he/she can meet the following requirements of the site where the flea market is to be held.

(f)

There shall be only one vehicular access to the premises. It shall consist of one entrance lane and one exit lane, signed as such.

(g)

Off-street parking shall be available and of sufficient area to accommodate traffic.

(h)

Signs relating to the flea market shall be allowed, provided that such signs not exceed six square feet in area, and shall not exceed two signs per premises. Signs shall not be placed in the state department of transportation right-of-way and shall have a setback at least ten feet from all intersections. No sign shall extend higher than 20 feet above ground.

(i)

The applicant shall have the use of a building where all displays, tables, goods; rubbish containers, chairs, etc., shall be stored when sales are not occurring. If building is not available, all displays, tables, goods, rubbish containers, chairs, etc. shall be removed from the premises.

(j)

There shall be no trash or debris left from flea market activities.

(k)

Hours/duration. Flea markets may remain open for business between the hours of 6:00 a.m. and 6:00 p.m., for a maximum of three days a week, unless otherwise specified on the license by the town at the time of issuance.

(l)

No other flea market activity or yard sales shall be conducted within 300 feet of the premises in which a licensed flea market has been approved.

(m)

Each permanent vendor in any flea market activity, whether the operation be profit or nonprofit, shall secure from the town a business license for $30.00 per year to conduct his activities.

(n)

Where flea market activity is sponsored or promoted by a recognized civic or charitable organization and where it is deemed that the overall interest of the town will be served through a waiver of the business license, and then the town may, in its discretion, waive such license.

(o)

Use of the premises shall comply with all other ordinances, articles, by-laws or rules and regulations of the town.

(p)

Any violation by the operator is a Class 4 misdemeanor and each day shall constitute a separate offense.

(Comp. Ords., § 11.30; Ord. of 8-13-2013)

(Comp. Ords., § 11.30; Ord. of 8-13-2013)