FRANKTON – The Frankton Town Council is expected to put in place some controls for how many and how long residents may have garage and yard sales.
The council voted unanimously on Monday to approve a first reading of an ordinance that puts limits on the sale of goods at festivals, including Heritage Days and the weekly Town Market, garage and yard sales, and by “transient merchants.”
“This came up because of the many people who take advantage of Heritage Days to sell items from their yards,” said Councilwoman Vicki Hart.
The council is expected to make the proposed ordinance final on second reading at its next meeting 6 pm June 13.
Garage or yard sales in which more than six items are offered for sale may take place no more than three times in a calendar year and for no more than three consecutive days, according to the proposed ordinance. Sales may take place from sunrise to sunset, and although the items for sale may be kept outside overnight at the discretion of the seller, they must be removed immediately at the end of the last sale day.
Providing separate definitions for transient merchants, solicitors and peddlers, the proposed ordinance would require each to obtain a license from the town’s clerk-treasurerat at least 30 days in advance of the sale for a fee of $ 15. If the application is not approved, the $ 15 would be refunded.
Applicants would be required to submit basic business information, the structure of a vehicle from which goods would be sold and the location from which they would be sold.
Part of the fee would be used by the Frankton Police Department to conduct a background investigation of the seller. Applications would be denied for those convicted of a crime of “moral turpitude,” if the applicant has committed prior fraudulent acts, if the applicant has made misstatements on the application or the applicant has committed prior violations of the ordinance or similar ordinances.
“Businesses that propose to handle foodstuffs must attach with their application the appropriate license from the Madison County Health Department,” the proposed ordinance said.
The license would be good for 90 days. The license could be extended for an additional 90 days by paying an additional $ 5 fee.
If the applicant does not make use of the license, the $ 15 fee would not be refunded.
“The license issued shall be posted conspicuously in or at the place named therein,” the proposed ordinance said. On door-to-door sales, the license would need to be displayed on the outermost layer of clothing or be displayed on the vehicle.
Violations of the proposed ordinance could result in a fine of $ 5 per day, not to exceed $ 50.
Exempted under the proposed ordinance include protected political and religious speech and activities, not-for-profit organizations and individuals who have been invited by residents.
Follow Rebecca R. Bibbs on Twitter at @RebeccaB_THB, or call 765-640-4883.