§ 13-5. Flea markets.

(a)

No "person" as defined by section 13-62 of this Code of Ordinances shall conduct or engaged in the business of operating a flea market until such person shall have obtained an occupation license pursuant to the provisions of article III of chapter 13 of this Code, paid the fees required by this section and is determined to be in compliance with the requirements of this section.

(b)

The annual fee for the operation of a flea market shall be the sum of one hundred dollars ($100.00), plus twenty dollars ($20.00) for each permitted space or stall within the licensed flea market area. The fee shall be due at the time an occupation license is obtained pursuant to the provisions of article III of Chapter 13 of this Code. After October 1 of any permit year, an applicant for a flea market license may pay a fee of one-half (½) of the foregoing sums for a license which will expire on March 31 the following calendar year.

At the time of making application for a flea market license, the applicant shall provide a site plan of the real property on which the flea market shall be operated, which site plan shall reflect the number of individual spaces or stalls in the flea market area which will be utilized for flea market activities. Additionally, construction plans and drawings required by the building and other codes shall be provided for any addition to a structure or any new structure. The license fee requirement of this section shall be paid for each space or stall, and the licensee shall not be permitted, at any time, to utilize more spaces or stalls at the flea market than the number of stalls authorized by the permit. The use of individual spaces or stalls is not limited to the same user on successive days or weeks of operation.

(c)

All persons operating a flea market and all persons who present items for sale at a flea market shall comply with the zoning code, building code, and other codes, laws and regulations applicable to the property.

(d)

It shall be unlawful to offer for sale, trade, as a gift or give away any live animals at a flea market. It shall be unlawful to offer for sale or sell any foodstuff at a flea market; provided, any restaurant or food dispensing business properly zoned with the proper county and state licenses may be permitted to sell permitted foodstuffs.

(e)

Any person determined to have violated the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment as set forth in section 1-9 of this Code of Ordinances.

(Ord. No. 6-01, §§ 2—6, 1-16-01; Ord. No. 14-01, §§ 3—6, 3-20-01)

Cross reference

Definition, § 27-2.