§ 15-106. Permit—required; fee; records; definitions.

No estate sale, garage sale or moving sale may be conducted without a permit. A permit shall be obtained from the city clerk's office. The permit fee is ten dollars ($10.00) and is nonrefundable. To obtain a permit, the applicant must be at least eighteen (18) years of age. The city clerk shall keep records of all permits issued each year.

The following definitions shall apply to the interpretation of this chapter:

(1)

Estate sale means a sale of personal property and goods from the estate of a deceased person. An estate sale shall be conducted at the residence of the deceased for whose estate the sale is being conducted. A death certificate or other proof of death of the individual for whose estate the sale is being conducted must be attached to the permit application unless said estate sale is conducted by a designated business possessing a privilege license for conducting such sales issued by the City of Tupelo. Only one estate sale permit may be issued per estate.

(2)

Garage sale also called yard sale , rummage sale , tag sale , attic sale , home sale , barn sale , or junk sale , means a sale conducted by individuals in their homes, garages and yards or on their patios, for the purpose of disposing of personal property no longer needed by the individuals. Garage sales may at times be conducted by a combination of residents at a single location; provided all material or goods sold are the personal property of one of the persons conducting the sale, acquired by the person prior to resale without the intent to resale.

(3)

Moving sale i means a sale of personal property and goods for the purpose of disposing of personal property and goods no longer needed by the individual once they move or property which the individual cannot move with him. Proof of the purchase of a new home or another document evidencing a move must be attached to the permit application.

(Ord. of 11-6-79, § II; Ord. of 9-25-90, § II; Ord. of 10-12-97, § 1; Ord. of 7-21-98, § 1; Ord. of 12-15-98, § 1; Ord. of 5-20-08(2), § 1; Ord. of 11-1-11(1), § 1)

State law reference

Exemption from state regulatory provisions, MCA 1972, § 75-85-3(f).

Editor's note

An ordinance adopted May 20, 2008 changed § 15-106(Title) to read as herein set out. Prior to amendment, § 15-106(Title) pertained to permit—required; fee; records; number restricted.