§ 5.04.100. Garage sales, patio sales, and yard sales, estate sales, and City-wide yard sale.

(A)

Garage sales, patio sales and yard sales are defined as the sale of merchandise at a residential site where the merchandise is generated through the normal accumulation of items by the parties involved in the sale and the items offered for sale were not purchased elsewhere specifically for resale. These sales are required to secure a permit from City offices, at no charge, prior to the commencement of the sale.

(1)

No more than two garage sales, patio sales or yard sales shall be held at a given address within one calendar year, and the total length of the sale or sales shall not exceed four days. The City-wide yards sale is exempt from this calculation of days.

(2)

All garage sales, patio sales or yard sales shall be conducted between 8:00 a.m. and 8:00 p.m.

(B)

An estate sale is considered to be a business and is required to obtain the appropriate business license for the length of the activity.

(C)

City-wide yard sale will be held the first weekend after Labor Day weekend in September. The purpose of the event is to allow Jacksonville residents to conduct a yard sale for one weekend without registering with the City. This weekend is not counted in the four days of yard sales permitted each year.

(1)

Sales will be allowed Friday, Saturday and Sunday during the designated weekend.

(a)

Set-up may begin the Thursday before the sale itself after 6:00 p.m. and set-up must cease by 10:00 p.m.

(b)

No sales are allowed at any time on Thursday.

(c)

The sale may begin on Friday, Saturday or Sunday no earlier than 7:00 a.m. and must end by 8:00 p.m.

(2)

A homeowner wishing to sell items on the front lawn or driveway on the property in which they reside is under no special restrictions other than to keep all items outside of the public right-of-way. The homeowner does not need a permit/business license.

(3)

Nothing may be placed in the public right-of-way on sidewalks, streets, alleyways, or public parking lots. Merchants may request permission through the City Council to waive this item for this event.

(4)

No sales are allowed from parks or public property associated with buildings unless the sale is held by the occupant of that public building. Merchants may request permission through the City Council to waive this item for this event.

(5)

Outside vendors.

(a)

Outside vendors are defined as anyone who does not occupy a property whether for personal residential or business use within the City limits of Jacksonville, and is bringing in outside items for sale during this event.

(b)

Such vendors must obtain a City permit/business license no later than three business days before the sale. A business license will be issued and must be displayed in a prominent place for the duration of the sale.

(c)

Vendors using cars, trucks and/or trailers from which to sell goods are not allowed. No parking of these vehicles is permitted on any public right-of-way for the purpose of selling goods or services from the vehicle.

(6)

Permits/licenses cost per day is the same equal to that of a business license issued for the same duration of time. Failure to obtain a permit/license will result in a fine and/or the shutting down of the sale. Persons providing space for outside vendors are responsible for making sure the vendor is properly licensed.

(7)

Food items being sold. All entities selling food whether commercially or informally must obtain approval from the Jackson County Health Department prior to sale (whether planning to sell home-baked goods informally from a front porch or selling professionally prepared items) all rules of the City-wide yard sale for permits/licenses apply.

(8)

Alcohol vendors must meet City of Jacksonville and OLCC regulations regarding sales, locations and licensing fees a minimum of five business days prior to the event. In most cases an event packet will be required through the City offices. City Council approval may be required.

(9)

Display of permit/license. Each permit holder/licensee will be given a permit that must be displayed at the front of the property or booth in plain sight.

(Code 1981, § 5.04.100; Ord. No. 336, 10-3-1989; Ord. No. 351, 7-3 -1990; Ord. No. 603, 7-17-2012)