Daly City Municipal Code Ch. 8.44 Garage Sales

No person shall sell or offer for sale any used or new clothing, furniture, appliances, bric-a-brac, or furnishings from a dwelling where the general public is invited to participate by signs or advertising, known as garage sales or backyard sales, without obtaining a permit therefor and conforming to the regulations which follow in this chapter.

(Ord. 934 § 1 (part), 1981)

Any person proposing to promote, advertise or conduct a garage sale shall, prior thereto, obtain a garage sale permit from the director of finance.

(Ord. 934 § 1 (part), 1981)

Any person desiring the permit required by Section 8.44.020 shall make verified application therefor in a form satisfactory to the police chief. The application shall contain the following:

A. The name of the applicant;

B. The address of the applicant;

C. The location of the proposed garage sale;

D. The date or dates upon which it is proposed to conduct the garage sale;

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

F. A statement that no garage sale permit has been issued to the applicant within the three-month period immediately preceding the date of the proposed garage sale for which application is being made;

G. A statement that no garage sale permit has been issued permitting a garage sale to be conducted at the location of the proposed garage sale for which application is being made within the three-month period immediately preceding the date of said proposed garage sale.

The fees for permits shall be as set forth in a resolution adopted by the city council and on file in the city clerk's office.

(Ord. 934 § 1 (part), 1981)

Only one such sale may be conducted in any three-month period and shall be limited to not more than three consecutive days, or to two consecutive weekends not to exceed six days in all. Said sale shall not be conducted between the hours of eight p.m. of any day and eight a.m. of the following day.

(Ord. 934 § 1 (part), 1981)

Personal property offered for sale shall not be displayed or stored in the front or side yards of any such premises or adjoining public streets or rights-of-way; provided, that said property, including a vehicle offered for sale, may be displayed on a permanently constructed driveway within such front or side yards.

(Ord. 934 § 1 (part), 1981)

Two unlighted signs, one on the premises and one directional off premises, shall be permitted, not exceeding six square feet in area; provided it is posted upon the garage or premises and does not encroach into or upon any public right-of-way. Except for the directional sign, such sign shall be displayed only during the period of sale.

(Ord. 934 § 1 (part), 1981)

All personal property sold at said sale shall have been owned, utilized and maintained for at least six months prior to the sale by the applicant, or members of his or her family, on or in connection with the residential premises which they occupy, and shall not have been acquired or consigned to him or her for the purposes of resale.

(Ord. 934 § 1 (part), 1981)

No licensed retail or wholesale dealer shall be permitted to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this chapter.

(Ord. 934 § 1 (part), 1981)

Any member of the finance department or the police department shall have the right to inspect the merchandise on display or stored for sale on the premises during a sale authorized by this chapter.

(Ord. 934 § 1 (part), 1981)

The director of finance shall have the power to revoke at any time any permit granted in accordance with this chapter upon determining that the garage sale permitted thereby has been promoted, advertised or conducted in violation of any of the provisions of this chapter, or in violation of the provisions or conditions of the garage sale permit issued for such sale, or in such manner as to deceive or defraud the public, or that the permittee has committed any of the following:

A. Made any material misstatement in the application for such permit;

B. Been guilty of any fraudulent practice, or practices in the promotion, advertising or conduct of the sale authorized by such permit;

C. Violated any of the provisions or conditions of the permit, or violated any of the provisions of this chapter or of any other provision or law in promoting, advertising or conducting such sale.

(Ord. 934 § 1 (part), 1981)

Any person denied a permit, or aggrieved by the conditions attached hereto, or having had a permit revoked, may appeal the decision of the director of finance to the city council by filing with the city clerk within five days after notice of the denial or conditions, or revocation, a written request for review of said decision and stating facts supporting such request. The council shall, upon the review, affirm, modify or reverse the decision of the director of finance.

(Ord. 934 § 1 (part), 1981)

This chapter shall not apply to the following persons:

A. Persons selling goods pursuant to an order or process of a court of competent jurisdiction;

B. Persons acting in accordance with their powers and duties as public officials;

C. Any person promoting, advertising, or selling an item or items of personal property which is or are specifically named or described in any advertisement therefor and which separate items do not exceed ten in number;

D. The provisions of this chapter shall not apply to any charitable or religious organization or educational institution for occasional sales when the proceeds from such sales are used solely for charitable, religious or educational purposes.

(Ord. 934 § 1 (part), 1981)