Chapter 5.40


5.40.010    Intent and purpose.

5.40.020    Defined.

5.40.030    License requirements.

5.40.040    Violation—Penalty.

5.40.010 Intent and purpose.

It is the intent and purpose of the city council, in adopting this chapter, to regulate those activities which, in the most technical sense have business or commercial characteristics but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. Said regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises, to prevent the conduct of commercial enterprises upon other than commercially zoned property, and to curb the evasion of business license fees. (Ord. 621 § 1(A), 1971)

5.40.020 Defined.

For the purposes of this chapter, “garage sale” means a sale conducted by an individual homeowner, apartment dweller or occupant of a dwelling unit, for the purpose of disposing of unwanted or surplus household furnishings or other personalty, usually conducted in a garage in a residential zone and for which no inventory is kept and no sales tax is paid on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or fundraising event for civic or charitable purposes. Said garage sales shall not extend beyond a period of ten days for any one sale. “Garage sale” shall not be limited to sales conducted in the garage, but shall encompass household sales conducted on any portion of the premises. (Ord. 621 § 1(3), 1971)

5.40.030 License requirements.

A.    Any resident or group of residents of the city may conduct a garage sale as defined in this chapter; provided however, that a license shall first be obtained from the city. The application form for such license shall request the following information:

1.    The name and address of the person or persons wishing to hold the garage sale;

2.    The location where the sale shall be conducted, including a general designation of the area of the premises where the actual sale is to be carried out;

3.    A general description of the property to be offered for sale;

4.    The dates and time period when the sale shall be conducted;

5.    An affidavit or declaration, under penalty or perjury, that the person or persons conducting the sale are the owners of the property offered for sale, that all of the goods are secondhand, and that no previous garage sale has been held in the calendar year.

B.    No more than one garage sale may be conducted by the same person or persons within the same calendar year. A garage sale license shall be limited to a period of ten days per sale. All personalty and furnishing must be the property of those conducting the sale, and must be used goods.

C.    The license may be secured either at the office of the business license administrator, or by telephoning the finance officer, who will mail the appropriate form and license to the party so requesting, and who shall, in turn, mail the completed application back to the office of the business license administrator with the application fee.

D.    Each person applying for a garage sale license/permit shall pay a fee of five dollars at the time of application. (Ord. 86-008 § 4(1), 1986: Ord. 621 § 1(C), 1971)

5.40.040 Violation—Penalty.

Any person, firm or corporation who violates this chapter is guilty of an infraction and upon conviction thereof shall be punishable as provided in Section 1.08.020. (Ord. 677 § 1 (part), 1975; Ord. 621 § 1(D), 1971)