Garage and Yard Sales Permit

Permit and signage required

In accordance to Chapter 10-BUSINESSES, Article IV- GARAGE AND YARD SALES on the Los Fresnos Code of Ordinances no person shall conduct a sale within the city without first filing an application for a permit for the sale. A fee in the amount of $10.00 provided in the city fee schedule shall be charged. There may be only three signs allowed to be posted, and the address of the sale must be on each sign. Additional signs are prohibited. No signs shall be placed on utility poles or stop signs. Signs may be displayed 24 hours prior to actual sale event and must be removed prior to 8:00 p.m. on the last day of the permitted sale. The permit, which shall be prominently displayed on the premises, shall contain the name of the person who will conduct the sale, the address at which the sale will be held and the dates on which the sale will be held. Charitable organizations must apply for a permit, but will be exempt from the permit fee. They will be required to post signs as addressed under subsection (a) of this section.

1. No permit shall be issued under this article to a person who holds himself out to be in the business of selling used property.
2. No person other than the owner or occupant of the premise where the sale is held, or their family or household members, shall be permitted to make sales pursuant to a permit issued under this article.
3. Such sales shall not exceed two in any one calendar year on the same premises, and shall not extend in duration for more than three consecutive days for any one sale.
4. No new merchandise acquired solely for the purpose of resale on the premises shall be sold at such occasional sales. Sales shall be restricted to surplus personal property accumulated as an incident to occupancy of the premises.
5. Nothing in this article shall prevent not more than three families cooperating in holding a joint sale on the premises of any one of the premises, provided all such joint participants are named in the application and permit, and only property permissible in a separate sale by each of such families is offered for sale.
6. It shall be unlawful for any person to hold a sale upon any public sidewalk, city park, public property, street, street right-of-way, parkway, or other public right-of-way ("city property"). Notwithstanding, charitable organizations having a charitable purpose, as defined in section 10-100, after properly registering, shall be entitled to hold a sale on city property, provided that the city manager has authorized the sale permit.
7. The sale of any food or drink item, whether hot or cold, packaged, prepackaged or instant, is prohibited.

No sale shall be conducted for a period in excess of 72 consecutive hours. In the event that the person who is issued a permit does not hold the sale on the days which the sale was originally permitted, he may return the paperwork to the city on or before the first working day after the originally permitted sale date and reschedule the sale for a date not more than 60 days after the originally permitted date. Sale hours of operation will be from 7:30 a.m. to 4:30 p.m.

Any person violating any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500.00. Each day that a violation occurs shall constitute a separate offense; provided, however, that if the violation relates to public health or sanitation, the maximum penalty shall be $2,000.00 for each offense, unless state law requires a lesser penalty or permits a higher penalty.

Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable purpose means philanthropic, religious, or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or disabled persons; the benefit of a patriotic or veterans; association or organization; the benefit of any educational institution. The term "charitable purpose" shall not be construed to include the direct benefit of the individual holding the sale.

Garage/porch/yard sale (sales) means a sale or an offer for sale of miscellaneous items to the general public, upon property not otherwise being used for commercial purposes.

Occupant means either the owner-occupant of the premises whereon such sale is to be conducted, or the tenant of the owner, provided such tenant is actually residing upon such premises, and dependent members of the immediate family of such owner-occupant or tenant.